There is another major bank case, this time it is a fraud by the bank president!
A few days ago, a criminal ruling published by the China Judgment Document Network showed that the former president of a major state-owned branch invested a huge sum of money to speculate in Hong Kong stocks in A shares and lost more than 40 million yuan. In order to repay the principal and interest of the previous debts, the original The governor set up another fundraising business to engage in fund lending, and also defrauded victims of nearly 14 million yuan to repay debts. According to the criminal ruling, in six years, the principal amount of debts owed by Sun Haobing amounted to about RMB 284 million. However, the French Open is restored without leakage! In the end, he was sentenced to 11 years imprisonment for fraud and fined RMB 100,000.
Borrow money to trade stocks, and the blood loss exceeds 95%
According to the criminal ruling, Sun Haobing, formerly named Sun Haobin, male, was born in Jiangyin City, Jiangsu Province on September 27, 1971, Han nationality, university culture, member of the Communist Party of China, former president of Jiangyin Beiguo Branch of Industrial and Commercial Bank of China, registered in Jiangyin City. Sun Haobing originally worked in the Jiangyin branch of the Industrial and Commercial Bank of China. Since 2005, he has successively served as the president of the Jiangyin Beiguo Sub-branch, the Changjing Sub-branch, and the Vice-President of the Beiguo Sub-branch of the Industrial and Commercial Bank of China (presided over the work). On September 3, 2013, he worked with the Jiangyin Sub-branch of the Industrial and Commercial Bank of China. dismiss the labor contract.
From 2007 to 2008, Sun Haobing invested RMB 4.8 million to purchase shares of the Hong Kong stock Huaji Optoelectronics (later renamed China Yuanchang), of which around RMB 2 million was his own funds and the remaining RMB 2.8 million It was borrowed from others, and the Hong Kong stocks plummeted and caused a loss of more than RMB 4.6 million.
In order to recover the losses, Sun Haobing took advantage of his work in the bank and began to engage in fund on-lending, lending business and helping financial management, etc., promised to pay a monthly interest ranging from 1% to 3% to raise a large amount of foreign funds. On the one hand, the borrowed funds are used to lend to others to earn interest margins and to repay the principal and interest of the debt. On the other hand, the funds are invested in the domestic A-share market with the intention of "turning over" through stock speculation. But things backfired. By the second half of 2012, Sun Haobing had a total loss of more than 36 million yuan in the domestic A-share market.
During this process, Sun Haobing had to pay high interest on external borrowings, and the borrowed acceptance bills had to bear interest discounts. The interest obtained by lending funds to others could not bear the aforementioned interest and part of the funds were difficult to recover. Combined with investment in stocks, losses were caused. At the end of 2012, it owed nearly RMB 200 million in external debt. At the beginning of September 2013, Sun Haobing's principal amount of debts owed to the outside world reached approximately RMB 284 million.
Engaged in fund lending business to repay debts, but it also failed
The path of turning over stocks in stocks didn't work. Sun Haobing took advantage of his position to start a fund lending business with the intention of making steady profits without losing money.
At the end of 2012, Sun Haobing "woke up" and stopped investing funds in stocks, and borrowed funds to engage in fund lending business, using part of the borrowed funds to repay the principal and interest of previous debts, including the funds for fund lending Most of the loans were loaned to Jiang Mouti Machinery Manufacturing Co., Ltd. Sun Haobing negotiated with the actual controllers of Jiang Mouti Machinery Manufacturing Co., Ltd. Yang and Jin to lend funds to the company. After the asset reorganization of the Hong Kong listed company controlled by Yang, Jin and others, funds can be raised. The defendant, Sun Haobing, can pay 200 million Hong Kong dollars for fund operations, and he can repay debts and revitalize funds in this way.
As of the end of July 2013, Sun Haobing directly loaned and assumed interest and discounts on behalf of Jiang Mouti Machinery Manufacturing Co., Ltd., totaling about RMB 70 million.
According to Brokerage China, according to reporters’ inquiries about relevant information, Yang was not only involved in a fraud case and was sentenced, in addition, he “transformed” into the chairman, executive director and actual control of Huaji Optoelectronics through a purchase agreement. people.
The verdict shows that on July 20, 2013, Yang was detained by the Public Security Bureau of Dali Bai Autonomous Prefecture, Yunnan Province on suspicion of fraud, and was later convicted of fraud, illegal occupation of agricultural land, and bribery in May 2017. He was sentenced to life imprisonment by the Yunnan Provincial Higher People's Court in the final judgment.
According to another criminal ruling, Yang was also the chairman of Dali Yuanchang Company. In addition, Qixinbao revealed that he also held senior management positions in 7 mainland companies, including Jiangsu Yuanchang Ecological Agriculture Company and Wuxi Yuanchang Photoelectric Energy Co., Ltd., Changzhou Yuanchang Photoelectric Energy Co., Ltd., etc.
Yang Mou appeared in the spotlight of the capital market because of a paper purchase agreement. In February 2011, Huaji Optoelectronics announced that it would spend 350 million Hong Kong dollars to acquire the entire issued share capital of the Samoa target company, of which 309 million Hong Kong dollars will be paid by issuing consideration shares, and 40.742 million Hong Kong dollars will be issued by issuing convertible notes. Paid.
Since the actual controller of the Samoan company is Yang, Yang and his family members hold 2.644 billion shares of Huaji Optoelectronics in this transaction, with a shareholding ratio of 24.46%. In March of that year, Yang successfully "joined" the company and was appointed as the company's chairman and executive director.
In August 2011, Huaji Optoelectronics issued an announcement stating that the company's Chinese name was changed to "China Yuanchang Optoelectronics Energy Company", and that the announcement was issued by Yang, who has just taken office.
According to the announcement, Yang is a graduate student of Renmin University of China. He has served as the chairman of Yuanchang High-tech Group Co., Ltd. and Yuanchang New Energy Automobile Holdings Co., Ltd., focusing on the development of new energy vehicles and solar energy (000591, Stock bar) R&D technology of photovoltaic products and industrial design of production lines.
In October 2013, China Yuanchang issued an announcement stating that the company’s chairman Yang, two directors Yang Mouchun, and Hao Moujun were due to the company’s two subsidiaries in China (namely Dali Yuanchang Company and Changzhou Yuanchang). The company's major assets have been detained by relevant Chinese judicial institutions for fraudulent activities. The announcement was issued by Jin, who joined Yang and served as the company's executive director.
According to Qixinbao, the major shareholder of Dali Yuanchang Company and Changzhou Yuanchang Company is Yuanchang High-Tech Group Co., Ltd., a Hong Kong company; while Changzhou Yuanchang’s chairman is Yang, and the legal representative is Yang Mou's son Yang Mouchun.
In addition, Jiang Mouti Machinery Manufacturing Co., which borrowed 70 million yuan from Sun Haobing, has a Hong Kong company Yuanchang Optoelectronics Energy Holdings Co., Ltd. as its major shareholder. The company's main personnel include Mr. Yang, and the head of the branch is Mr. Jin.
The above judgment shows that on July 20, 2013, Yang Mou, the actual controller of Jiang Mouti Machinery Manufacturing Company, was criminally detained by the Public Security Bureau of Dali Bai Autonomous Prefecture, Yunnan Province on suspicion of fraud; he was later detained for fraud in May 2017 Crimes, crimes of illegally occupying agricultural land, and crimes of bribery were sentenced to life imprisonment by the Yunnan Higher People’s Court in the final judgment.
In other words, after borrowing funds from Sun Haobing, Yang was detained under criminal detention before starting capital operations on the listing platform. Four years later, he was sentenced to life imprisonment. China Yuanchang was also arrested on suspicion of forging registered capital. The forced suspension lasted for 7 years, and the performance plummeted.
Until May 2020, China Yuanchang is still issuing an announcement to promote the reorganization. On January 11 this year, the company, provisional liquidator, investor Lukong Water and Happy Fountain entered into a reorganization agreement with Zhang Shunyi to fully replace the original Reorganization agreement.
Fraud nearly 14 million, and was eventually sentenced to 11 years in prison
Since the stocks cannot be turned around, and the fund lending business cannot repay the debt, Sun Haobing has nowhere to go, so he has no choice but to take the risk-fraud!
According to the criminal ruling, in mid-August 2013, the defendant Sun Haobing learned that Yang had been taken by the public security organs to take compulsory measures. Some creditors demanded debts from him when they learned of this situation, and still on August 22, 2013. The victims Zhang Moujia and Qin Moujia borrowed an acceptance bill of RMB 9,145,492,600, and they borrowed an acceptance bill of RMB 4.5084 million from the victim Shen Moujia and Shen Mouyi from August 19 to 30, 2013. They promised to expire in one month. Pay the cash corresponding to the amount of the acceptance bill, and then use the acceptance bill to discount or directly use it to repay the principal and interest of the previous debts owed to Zhang XA, Qin XA, Shen XA, Shen XB and other creditors, including 2013 On August 30, after borrowing 1.3 million yuan of acceptance bills from the victims Shen Moujia and Shen Mouyi, they returned the 1.1 million yuan acceptance bill to the creditor Huang Guofeng on the same day.
20At the beginning of September 2013, the defendant Sun Haobing was urged by creditors to repay his debts due to a break in the capital chain. After applying for resignation to the Industrial and Commercial Bank of China Jiangyin Sub-branch, he terminated the labor contract with the Industrial and Commercial Bank of China Jiangyin Sub-branch on September 3, 2013. Negotiated the repayment, and at this time the principal amount of its external debts amounted to about RMB 284 million.
Afterwards, the defendant Sun Haobing negotiated with creditors to reduce the total amount of debt to about 150 million yuan, and on September 9, 2013, he discussed with creditors including the victims Zhang Moujia, Shen Moujia, and Shen Mouyi. He Jiang Mouti Machinery Manufacturing Co., Ltd. signed an "Agreement" stating that Sun Haobing will transfer a total of RMB 150.1 million in creditor rights to Jiang Mouti Machinery Manufacturing Co., Ltd. to creditors. The defendant Sun Haobing issued a "Letter of Commitment" to Jiang Mouti Machinery Manufacturing Co., Ltd., stating that Sun Haobing's RMB 80.1 million loan was transferred to Jiang Mouti Machinery Manufacturing Co., Ltd. on the premise of protecting Sun Haobing personally. The amount was RMB 80.1 million. Actually, Sun Haobing personally bears the repayment of the yuan loan. After Yang comes back, he and Sun Haobing negotiated face-to-face to repay part of the loan. Since then, the defendants Sun Haobing and Jiang Mouti Machinery Manufacturing Co., Ltd. did not pay off debts to the victims Zhang Moujia, Qin Moujia, Shen Moujia, and Shen Mouyi in accordance with the "Agreement."
In February 2016, the victims Zhang Mojia, Qin Mojia, Shen Mojia, Shen Moyi and others reported to the Jiangyin Public Security Bureau, claiming that Sun Haobing defrauded large amounts of cash under the pretext of borrowing money. On March 31, 2016, the Jiangyin City Public Security Bureau filed an investigation on Sun Haobing's suspected fraud case after preliminary investigation. On June 1, 2016, the defendant Sun Haobing was notified by the public security organ to be investigated by telephone, and truthfully confessed the above-mentioned main criminal facts.
It was also found that the defendant Sun Haobing repaid the victims Shen Moujia and Shen Mouyi RMB 20,000 in 2015.
According to the criminal ruling, the court of first instance held that Sun Haobing used fictitious facts and concealing the truth to defraud others for the purpose of illegal possession. Among them, he defrauded the victim Zhang Moujia and Qin Moujia's acceptance bill of RMB 94154916 million to defraud the victim. Shen Mou A and Shen Mou B accepted the draft of 4.5084 million yuan (returned RMB 20,000 before the incident), the amount was extremely large, and their behavior had indeed constituted a crime of fraud. The defendant Sun Haobing was sentenced to 11 years in prison for fraud and a fine of RMB 100,000; the defendant Sun Haobing’s illegal income of RMB 13,903,389,16 was recovered, and the victims Zhang Mojia and Qin Mojia were returned to the victims with RMB 9,415,492,600. Shen Mou A and Shen Mou B RMB 4,488,400.
Daily economic news integrated from China Judgment Document Network, Brokerage China(Editor in charge: Lou Zaixia HN151)