Original title: Supreme Procuratorate issued the tenth batch of guiding cases are crimes in the field of financial securities.
China new network July 12 (Xinhua) at the highest inspection press conference held today, the highest prosecutor general Tong Jianming issued the most high inspection of the tenth batch of guiding cases. The most high inspection of the tenth batch of guiding cases are all crimes in the field of financial securities, including Zhu Weiming manipulating the securities market case, Zhou Hui fund-raising fraud case, Ye Jingsheng and other organizations leading pyramid selling.
Tong Jianming pointed out that finance is the core and blood of modern economy. The high incidence of financial crime cases not only destroys the normal economic order of our country, but also affects the financial security and social stability of our country. It has become an important hidden danger of the financial systemic risk. It is necessary to take measures to regulate, combat and prevent it according to law. In recent years, the national procuratorial organs have been cracking down on all kinds of crimes that undermine the financial order in the three major tasks of participation and service. The 3 most high inspection and tenth batch of guidance cases issued today are the cases of financial crimes with certain social influence and typical significance by the procuratorial organs in recent years. In June 2018, the Procuratorial Committee of the Supreme People's Procuratorate deliberated and passed the batch of guiding cases, which is officially released today.
Zhu Weiming manipulating the securities market
The case's basic case is: from February 2013 to August 2014, Zhu Weiming, the defendant, used actual control several times before he was invited to be a special guest of the first financial channel of Shanghai TV station "talking about the gold" section of the Longhua West Road Securities Business Department, Shanghai, the national open securities limited liability company. The three securities account, buying a number of stocks in advance, and on the same day or the next day on the above TV program, publicly appraise, predict and introduce the stock to buy in the first to two trading days after the first broadcast of the TV station, and artificially sound the trading volume and price of the foregoing stock. To gain interest.
As a result, the total amount of the stock traded in the stock exchange was RMB 2094.22 million yuan, and the total amount of stock sold in the total amount of RMB 2169.70 yuan, and illegal profit of more than 75.48 million yuan. In July 28, 2017, the first intermediate people's Court of Shanghai City sentenced the defendant Zhu Weiming to eleven months in prison for the crime of manipulating the securities market, confiscating its illegal income and having a fine of RMB 760 thousand yuan. After the sentencing of the first instance, the defendant did not appeal and the decision came into effect.
The case clarifies securities companies, securities advisory bodies, professional intermediaries and their staff, violating the prohibition of employment, buying or selling or holding securities, and making a "robbing hat" through expected market volatility and reverse operation after making public evaluation, prediction or investment proposals on related securities. "Trading manipulation, if the circumstances are serious, shall be investigated for criminal responsibility in order to manipulate the securities market.
Zhou Hui fund-raising fraud case
The basic case of the case is that Zhou Hui, the defendant, was incorporated in the Sino Bao investment company and acted as the legal representative. The company operates the "Sino treasure investment" network platform, the borrower (the tender) in the network platform registration, payment of the membership fee, can publish a variety of bidding information to attract investors to invest. In the early period of operation, Zhou Hui provided a total amount of about 170 million yuan of financing services for 13 tender people through the network platform, because some of the tender can not repay the loan and caused the loss of the company.
Since then, Zhou Hui has registered 2 members in the company's network platform with his real identity information. From May 2011 to December 2013, 34 tender people have been fictitious, and a large number of false mortgages and precious stones are published on the basis of the false identity mentioned above to pay the investors about 20% of the annual yield and extra rewards as bait. To raise funds to unspecific public. The funds raised did not enter the company account, and all of them were controlled and controlled by Zhou Hui. In addition to the principal and earnings that are used to return to the maturity of the investors, the rest are mainly used to purchase real estate, high-grade vehicles, jewelry and so on. Most of these assets are registered in the name of Zhou Hui or for personal use by Zhou Hui.
In August 14, 2015, the intermediate people's Court of Quzhou, Zhejiang Province, made a trial decision. It was found that the defendant, Zhou Hui, was sentenced to fifteen years of imprisonment and a fine of RMB 500 thousand yuan. We will continue to recover the illegal gains and return the participants. After the sentencing of the first instance, the people's Procuratorate of Quzhou city of Zhejiang province submitted a protest by the first instance judgment, and the defendant Zhou Hui appealed on the grounds of severe sentencing.
During the second instance, the amendment (nine) of the criminal law passed and came into effect. After the trial of the high people's Court of Zhejiang, the criminal law amendment (nine) amended the statutory punishment of the crime of fund raising fraud, and made a ruling based on the old and light principle, and maintained the original sentence. After the final verdict, Zhou Hui and his father refused to appeal to the judgment. After the appeal was accepted by the high people's Court of Zhejiang province and after the examination, the original verdict was clear, the evidence was sufficient, the qualitative accuracy was accurate, the sentencing was appropriate, and the complaint was rejected in December 22, 2017 and the original referee was maintained.
The case clarifies the Internet lending information intermediary agency or its controller, using the network lending platform to publish false information and illegally establish capital pool to raise funds. Most of the income is not used in production and operation activities. It is mainly used to borrow new old and personal profligacy and can not return the amount of money raising money. It should be identified as The purpose of illegal possession is to investigate criminal responsibility for the crime of fund-raising fraud.
Ye Jingsheng and other organizations and leadership pyramid selling cases
The case's basic case is: the defendant Ye Jingsheng and others set up Shanghai Bajo Network Technology Co., Ltd., with the "dealer management system website" "Jinqiao network website" as the platform, to take the online dealer members to recommend and pay the margin to develop the lower line dealers, insurance or shopping consumption double returns; A regional agent is set up throughout the country to give members a reward for the performance of regional agents.
Ye Qingsong, the defendant, is the regional agent of Zhejiang province. To the case, more than 3 million registered members of Jinqiao network, including more than 1.8 members of registered dealers, have developed more than 300 provincial, regional and county regional agents in all parts of the country, involving more than 1.5 billion yuan. Ye Qingsong directly or indirectly developed 1886 members of the downline dealer, collecting 10% cash in Zhejiang regional membership, 10% cash and regional agency fees for about 30000000 yuan, and transferring to Ye Jingsheng through the bank. Ye Qingsong made an illegal profit of about 700000 yuan by drawing the margin, including bonus, equity bonus and daily rebate.
In August 23, 2013, the people's Court of Songyang County, Zhejiang Province, decided that the defendant Ye Jingsheng and Ye Qingsong constituted a crime of organizing and leading a pyramid sale, and the defendant Ye Jingsheng was sentenced to seven years in prison and a fine of RMB 1 million 500 thousand yuan, and the defendant Ye Qingsong was sentenced to three years in prison and a fine of RMB 300 thousand yuan. And the frozen property involved shall be confiscated, and the illegal gains of the two defendants shall continue to be recovered. After the first instance was sentenced, the two defendants refused to accept the appeal. The intermediate people's Court of Lishui, Zhejiang Province, confirmed the fact that the original judgment was clear, the evidence was true and sufficient, the conviction was accurate, the sentencing was appropriate, the trial procedure was legal, the appeal was rejected, and the original sentence was maintained.
The case makes it clear that the organizer or operator uses the network to develop its membership, and requires the development staff to qualify for the promotion and the development of the underline on the condition of paying or changing the "entry fee" as a condition, making up a hierarchical relationship through the developer and taking the number of people directly or indirectly as the remuneration or rebate. The criminal responsibility should be investigated for the crime of organizing and leading the activity of pyramid selling activities by inducing the developed personnel to continue to develop other people's participation, to cheat the property and to disturb the economic order.
Responsible editor: Gui Qiang
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