The Supreme Law announced a typical case of financial crimes, involving "E Rent", "Kunming Pan -Asia", etc.
Author:Zhongxin Jingwei Time:2022.09.22
Zhongxin Jingwei, September 22. The Supreme Law announced on the 22nd that the people's courts would punish typical cases of financial crimes in accordance with the law, including 5 cases of illegal fund -raising crimes, 3 securities futures crimes, and 2 money laundering crimes.
10 typical cases are: "E Runbao" fund -raising fraud, illegally absorbing public deposits; "Kunming Pan -Asia" illegally absorbing public deposits; Shanghai "Fuxing" fund -raising fraud case; Shenyang "Momle" fundraising fraud case ; Jiangxi "Lao Qingxiang" illegally absorb public deposits in public deposits; Dandong Xintai Electric Co., Ltd., Wende Bayei's fraud issuance shares, and disclose important information cases in violation of regulations; ; Yuanda Petrochemical Co., Ltd. and Wu Xiangdong manipulated the futures market; Yuan Gangzhi's money laundering case; Zhou Zhangcheng's money laundering case.
"E Runbao" fund -raising fraud, illegally absorbing public deposit cases
——In the name of the Internet finance, implement illegal fund -raising crimes
The defendant Anhui Yucheng Holding Group and Yucheng International Holdings Group Co., Ltd. from June 2014 to December 2015, on the premise of not having the qualifications of banking financial institutions, using the "E Rent Treasure" platform and Sesame Financial Platform Release of false financial leasing claim projects and personal debt projects, packaged as "e -rent and year -on -year", "New Year's Eve" and other wealth management products for sales. Public publicity to the society, illegally absorb more than 76.2 billion yuan to more than 1.15 million people. Among them, most of the fund -raising funds are used to return platform operation expenditures such as fund -raising principal and interest rates, purchase offline sales companies, or being extravagant and for other illegal and criminal activities, resulting in a funds for more than 38 billion yuan. In addition, Yucheng International Holdings Group Co., Ltd., Ding Ning and others also smuggled valuable metals, illegally held guns, and stole the border.
According to law, the defendant Yucheng International Holdings Group Co., Ltd. was fined RMB 1.8 billion in the crime of fundraising fraud and smuggling precious metals; Crime, smuggling valuable metal crimes, illegal holding of guns, crime of stealing the crime of stealing Vietnam, sentenced Ding Ning's life imprisonment, depriving political rights for life, and confiscation of personal property of 500,000 yuan, fines of RMB 1 billion; crime of fund -raising fraud, crime of fund -raising fraud Dingdian was sentenced to life imprisonment, deprived of political rights for life, and fined 70 million yuan. The crime of fundraising fraud, illegal absorption of public deposits, smuggling valuable metal crimes, stealing the crime of stolen Vietnam, and 24 people such as Zhang Min and other sentences were sentenced to 15 to three years in prison and deprived of political rights and fines. In the case of seizure and frozen funds, they will be returned to the participants in proportion; after the case seizure, the seizure of the property, vehicles, equity, items, etc., the funds will be returned to the participants.
"Kunming Pan -Asia" illegally absorb public deposit cases
——In the use of legal business forms to implement illegal fund -raising crimes
From November 2011 to August 2015, the defendant unit Kunming Pan -Asia Company chairman and general manager (president) Shan Jiuliang and the supervisor Guo Feng and Wang Biao were discussed and planned to violate the laws of national financial management. The "commission entrustment" business is implemented in the name of buying and selling financing integration, publicly promoted to the society, and promised to pay a fixed return, induced the public investment, and absorb huge public deposits in disguise. The defendant unit Yunnan Tianhao Diangui Company and the defendant Qian Jun and others knew that Kunming Pan -Asian Company illegally absorbed public deposits and helped them absorb funds to the public. Kunming Pan -Asian Company illegally absorbed more than 167.8 billion yuan in public deposits, involving more than 130,000 fund -raising participants, causing more than 33.8 billion yuan to be unable to repay. In addition, During the period of operating and managing Kunming Pan -Asia Company, Shan Jiuliang and Yang Guohong used their positions to occupy the company's property alone or together.
The Kunming Pan -Asian Company was fined RMB 1 billion in the crime of illegally absorbing public deposits, and three defendants including Yunnan Tianhao Diangui Company were fined RMB 500 million, 50 million yuan and 5 million yuan. Shan Jiuliang was sentenced to eighteen years in prison for deposit and duties, and he confiscated 50 million yuan in personal property and fined 500,000 yuan. The other defendants are investigated for the corresponding criminal responsibility according to law. The property involved in the seizure, seizure, and freezing was dealt with in accordance with the law, and returned the fund -raising participants in proportion; the illegal income continued to be recovered.
Shanghai "Fuxing" fund -raising fraud case
——The licensing private equity institution shall implement illegal fund -raising crimes in the name of issuing private equity funds
Since September 2014, the defendants Zhu Yidong, Zhao Zhuoquan, and others decided that Fuxing Group to carry out financing business, using fictional investment targets, exaggerating investment project values, publicity to the society, etc., and repaid at high income and promises to pay interest. For bait, design and sell financial products such as claims and private equity funds, illegally fundraising from the public, and issuing new and old, continuously expand the scale of funds to maintain the capital chain. By June 2018, Fuxing Group illegally raised more than 56.5 billion yuan, and the principal of more than 21.8 billion yuan was not paid at the time of the incident. In the meantime, Fuxing Group, Zhu Yidong, Zhu Chengwei and others concentrated their financial advantages, holding or positioning advantages, or using information advantages to jointly or continuously buy and sell "Dalian Electric Porcelain" stocks, and through controlling the content of the information of listed companies or the content of the disclosure of information disclosure, time Points and rhythm, mislead consumers to make investment decisions, affect securities transaction prices or securities transaction volume, and manipulate the securities market. The circumstances are particularly serious. The Fuxing Group was fined RMB 2.1 billion in funds for fund -raising fraud and manipulating the securities market. Yuan; Zhao Zhuoquan was sentenced to life imprisonment for fund -raising fraud, deprived of political rights for life, and fined 8 million yuan. The other defendant was sentenced to corresponding punishment. The defendant unit Fuxing Group and the defendants' illegal income were recovered, and the victims and victims were issued, and the defendant and the defendants continued to refund the compensation.
Shenyang "Mom Le" fund -raising fraud case
——In the name of "Pension Investment", an illegal fund -raising crime is implemented
In August 2013, the defendant Jin Jiafu established Shenyang Mother Le Trading Co., Ltd. (hereinafter referred to as "Mom Mom") in Shenyang City. In October 2015, Jin Jiafu recruited the defendants Liang Chuang and Zhang Yan as senior management staff of the company to jointly implement illegal fund -raising activities to publicize leaflets, lectures and meetings. After a certain period of time, you can get high returns, and you can enjoy free tourism and other benefits to trick public investment. By November 2017, Momle Company opened more than 1,000 stores across the country, deceived more than 1.7 million yuan of fundraising participants of more than 6.2 billion yuan, and returned more than 4.2 billion yuan before the incident.
In accordance with the law, he was sentenced to a life imprisonment for fund -raising fraud, deprived of political rights for life, and confiscated all his personal property; Liang Chuang was sentenced to thirteen years in prison, deprived of political rights for three years, and fined 500,000 yuan. Twelve years in prison, deprived of political rights for two years, and fined 500,000 yuan.
Jiangxi "Lao Qingxiang" illegally absorb public deposit execution cases
——Buke to pursue the losses and loses all the time
Since May 2011, the defendant unit Lao Qingxiang Company was decided by Zhang Zhixiong, a legal representative, to enjoy the discounts of higher pension services with pre -paid "service expenses", free residence time for free -nursing apartments, and obtaining annual profit cash withdrawal at one time. With the payment of high interest rates as a fixed return, illegally absorb funds from unspecified public. As of the incident, more than 7,800 people had illegally absorbed more than 940 million yuan, causing funds for fund -raising participants by more than 520 million yuan.
In accordance with the law, Lao Qingxiang Company fined RMB 1 million in the crime of illegally absorbing public deposits; Zhang Zhixiong was sentenced to eight years in prison and fined 400,000 yuan; And fined RMB 300,000 to 200,000 yuan. Relevant property and illegal income involved in the case will be returned to the fundraising participants according to the fundraising ratio of fundraising participants.
Dandong Xintai Electric Co., Ltd.
Fraud issuance stocks and important information cases of illegal disclosure
——Crocketing shares, disclosed important information in violation of regulations
On March 30, 2011, the defendant's unit Xindai Electric Company proposed that the application for listing on the GEM was rejected by the Securities Regulatory Commission due to the failure of continuous profitability. From 2011 to June 2013, the defendant Wendei British and the defendant Liu Mingsheng conspired to adopt methods such as reducing accounts receivable and preparation for the preparations of younger tips. Load major false contents in the regular financial reports of the GEM listing documents. On January 3, 2014, the CSRC approved the listing of Hindai Electric Corporation on the GEM. Subsequently, Xindai Electric Corporation also loaded financial reports with major false content in the "First Public Public Publishing Stocks and Listing Prospectus in GEM." On January 27, 2014, Hindai Electric's stock was listed on the Shenzhen Stock Exchange GEM. For the first time, it publicized 15.778 million shares to the public at a price of 16.31 yuan per share, raising a total of 257 million yuan.
After the defendant's units were listed on the market, the defendants Wendei and Liu Mingsheng continued to use the aforementioned means to make financial fraud, disclosed to the public the important information such as the 2014 semi -annual report with major false content and the 2014 annual report. In July 2017, the Shenzhen Stock Exchange decided to delist and delist at Hindai Electric Corporation.
In accordance with the law, the crime of fraud issuance shall be sentenced to RMB 8.32 million in Dandong Xintai Electric Co., Ltd.; the crime of fraud issuance of shares and disclosure of important information is sentenced to three years in prison and a fine of RMB 100,000; Liu Mingsheng was sentenced to two years in prison and fined 80,000 yuan in prison for fraudulent issuance of stocks and disclosure of important information. Zhangjiagang Free Trade Zone Yishidon International Trade Co., Ltd.,
Golden documents and other manipulating futures market cases
— Illegal use of technical advantages to manipulate the futures market
The defendant's unit Emondon was established in September 2012, and then opened a futures account at Huaxin Futures Co., Ltd. (hereinafter referred to as Huaxin Futures Company) through the defendant Jin Wenwen. From June 2013 to July 2015, in order to evade securities and futures supervision, Yinson Company actually controlled 19 natural and 7 legal person futures accounts through lease or acquisition. With the account of Eshidon's own account, the account group is engaged in stock index futures contract transactions using high -frequency programming transactions. In the meantime, Eeston concealed the actual control of the Ishidon account group, a large number of accounts engaged in high -frequency programmatic transactions, etc., to avoid the supervision measures of the CICC, so as to obtain the advantages of unfair transaction; The reporting system illegally accesss the CICC trading system and directly conducts transactions, so as to illegally obtain additional transaction speed advantages. From June 1st to July 6th, 2015, Yishidon Company, Gao Yan and Liang Zezhong and Golden Literature used the transaction speed advantage obtained by illegal means such as evasion of futures company funds and holding verification. The main contracts and Shanghai and Shenzhen 300 stock index futures main contracts totaling 3.7744 million hands, illegal profit of more than 389.3 million yuan. In addition, the defendant Jin Diwen also used his position to facilitate the invasion of more than 13.48 million yuan in funds for Huaxin Futures Company.
In accordance with the law, the company's crime of manipulating the futures market was fined RMB 300 million, and the illegal income was RMB 3.89.3 million; Yuan; sentenced to two years and six months in prison for Liang Zezhong, three years of probation, and fined 800,000 yuan; he was sentenced to five years in prison for manipulating futures market crimes and duties. Essence
Yuanda Petrochemical Co., Ltd. and Wu Xiangdong manipulated the futures market case
——In the accumulation of spot and affect futures market and other means to manipulate the futures market
Wu Xiangdong, a legal representative and chairman of the defendant Great Petrochemical Co., Ltd., decided to decide that from May 24th to August 31st, 2016, 18 accounts that were actually controlled by their actual control were purchased. The method of entering the warehouse transforms the advantages of the funds into a position. At the same time, a large amount of polypropylene spot is hoarded by direct purchase, agency, and after -sales repurchase, etc., to create a strong atmosphere of polypropylene, which affects the futures market, and manipulates the price of PP1609 across futures and spot markets. The illegal income of Yuanda Petrochemical Co., Ltd. for a total of more than 436 million yuan, Wu Xiangdong's illegal income of more than 4.87 million yuan, and the total illegal income of 11 other accounts involved in the case, a total of more than 100 million yuan. After the incident, Yuanda Petrochemical Co., Ltd. actively refunded illegal income.
According to the law, the fined Petrochemical Co., Ltd. was fined RMB 300 million, Wu Xiangdong was sentenced to five years in prison and fined 5 million yuan. The income of more than 4.8 million yuan continued to recover the illegal income of the other 11 accounts involved in the case.
Yuan Gangzhi's money laundering case
——In the underground Qianzhuang implemented money laundering crimes
The defendant Yuan Gangzhi illegally operated a foreign exchange exchange business without approval by the relevant national competent authorities. Based on the upstream customer quotation, the price increase with the downstream customers to exchange funds and earn a difference from the handling fees. From May 2018 to May 2020, when Yuan Gangzhi knew that Zeng Moumou and others (handled by another case) were engaged in smuggling crimes, he helped Zeng Moumou and others exchanged the RMB into the US dollar. After Yuan Gangzhi and Zeng Moumou and others discussed the exchange rate and exchange amount through WeChat groups, they charged the RMB transferred to the bank account that they controlled. After deducting their profits, they transferred the remaining RMB to the designated bank account designated by the upstream customers. After the upstream customers received the transfer, the US dollar was transferred to the Hong Kong receipt account provided by Zengmou and others through the bank account in Hong Kong. After investigation and verification, Yuan Gangzhi illegally exchanged foreign exchange for Zeng Moumou and others and remitted funds abroad. The amount was about 170 million yuan.
The court believes that the defendant Yuan Gang Zhiming knows that it is the income of smuggling crimes and its income. In order to conceal and conceal its source and nature, he assisted the funds to the abroad. The circumstances have been severe. Based on this, Yuan Gangzhi was sentenced to six years in prison for money laundering and fined RMB 1 million.
Zhou Zhangcheng's money laundering case
—— Cross -border transfer of corruption public funds to implement money laundering crimes
From January 2015 to November 2018, the defendant Ni Leju (sentenced) to teach her sister Ni Leping (separately) to use the convenience of their positions to continue to use their positions to continue from State -owned enterprises have swallowed huge public funds.其间,被告人周张成在明知倪乐菊用于赌博的钱款为公款的情况下,仍通过提供自己的银行账户或联系赌场、地下钱庄提供银行账户,协助倪乐菊接收倪乐平贪污的公款,从国内转移到Overseas, the total amount of more than 8,782 yuan. Zhou Zhangcheng obtained more than 700,000 yuan in "commission" for Ni Leju's "code washing" for Ni Leju. The court believes that the defendant Zhou Zhang Chengming knew that he was corrupted public funds and still assisted in transferring funds to the abroad. The circumstances were serious, and his behavior had constituted money laundering. Zhou Zhangcheng's "commission" obtained by Ni Leju's "code washing" was illegal income and should be recovered or refunded. Based on this, the defendant Zhou Zhangcheng was sentenced to eight years in prison for money laundering and fined 9 million yuan. The defendant's illegal income was recovered, and the insufficient order was ordered to continue the compensation. (Zhongxin Jingwei APP)
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