1 thought on “aroma jewelry wholesale What laws are involved in the Wu Ying case”
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blue belle wholesale jewelry Wu Ying mainly involves the criminal law. The following is the relevant content. You can take a look at the defense word of the second instance of Wu Ying's fund -raising fraud case Some parts of the first instance judgment identify facts and applicable legal errors The main content of the first instance "Judgment": First, the basic situation of the defendant, the process of case acceptance, and the basic views of the defendant; the other is to find out The basic facts and corresponding evidence; the third is the specific facts and corresponding evidence of borrowing from 11 creditors; the fourth is the judgment of the evidence of the defender; the fifth is the discussion of the three controversial focus of the two parties; the sixth is the comprehensive perspective and the terms of the judgment clause Essence In order to highlight the key points, it is concise and clear. Here are only the fourth and fifth parts of them analyzed and discussed. . Regarding the evidence provided by the defender During the trial, the defender submitted a lot of evidence to read the relevant content in the evidence of the public prosecution agency, but the judgment only used one sentence, "the source of the witness to Wu Ying's funds for Wu Ying's funds I do n’t know the whereabouts, and I do n’t conform to the testimony of the court in the investigation stage. ”There are four problems here. 1. It is not true that the whereabouts of Wu Ying's funds are not true, because witnesses have proved that funds are used for operation and have no squandering. 2. The judgment said that there are two problems with "inconsistent with the testimony in the investigation stage". One is that the testimony of the front and after the first and after the testimony is basically the same, and there is no "inconsistent" situation; Do you have to accept the testimony of the investigation phase? Obviously, there is no basis for law, because the law does not stipulate the testimony of witnesses during the investigation stage. 3. The evidence of the defender proves that Wu Ying did not use deception methods when borrowing money, and there was no existence of knowing that he had no repayment ability and a large amount of funds. Essence The verdict cannot prove the source and whereabouts of Wu Ying's funds and the whereabouts, not only violated the facts and laws, but also made logical errors, that is, only the testimony of Wu Ying's funding and the testimony of the direction can be accepted. You can't accept it. Do you need to prove any other questions? 4. The transcript of the 11 creditors read by the defender in the investigation volume proves that the creditors are not the public and have no use of fraud when borrowing. There is no legal basis for judgment. The following table is the evidence and certification content of the defender of the original trial: Numbers Names The content of the proof 1 R n testimony ① The book of the group is printed in the late 2006 and is only used to talk about projects in Hubei, which has nothing to do with borrowing; ② Wu Ying does not have a spoiler; The money is for the company's operation, and the villas and cars also belong to the company; ④ Wu Ying did not expect to be repaid when borrowing money, that is, there is no way to know that the ability to repay is not returned. Selling 30 billion; ⑤ Wu Ying did not deceive when borrowing money. 2 Wu Yan (original color group financial director) testimony ① The company's official seal cannot be controlled by Wu Ying, blank borrowing may not be related to Wu Ying; The items are basically used in company operations; ③ True Colors Group Blog is only used to talk about projects in Hubei, which has nothing to do with borrowing; ④ Wu Ying does not have the funds of extravagance. 3 The testimony of Xu Binbin (former Director of Color Group Office) The company official seal cannot be controlled by Wu Ying, and blank borrowings may not be related to Wu Ying. 4
(original color group cashier) testimony ① The company's official seal cannot be controlled by Wu Ying, blank borrowing may not be related to Wu Ying; Wu British borrowing items are used in company operations; ③ Most people think that the company has the ability to repay the loan, that is, Wu Ying does not have a large amount of funds who know that they have no ability to return; ④ Wuying The car purchased is owned by the company. 5 The testimony of Du Shenyang (originally color group driver) ① The company's official seal cannot be controlled by Wu Ying, and blank borrowings may not be related to Wu Ying; ② Wu Ying does not have the funds of extravagance. 6 Xu Yulan (Friend) testimony ① Wu Ying did not deceive when borrowing money; I didn't expect to be repaid, that is, there is no existence of knowing that there is no ability to return and a large amount of funds. 7 111 creditor's testimony ① Wu Ying is a friend relationship with the creditor, non -public; ② Wu Ying did not use fraud when borrowing money; Before the post, it is still actively repaid. . The focus of the three controversial points of the two parties in the prosecution 1. Regarding whether Wu Ying has the intention of illegally possessing other people's property (1) The so -called "Judgment Book" The so -called "itself has no economy itself is economical. The foundation, unable to repay huge high -interest fundraising funds ". The defender believes that first of all Wu Ying's "no economic foundation" is controversial. Wu Ying said that he had 25 million yuan of assets at that time. The court only judged the actual investment basis with registered funds. It is also a very common and non -illegal phenomenon. Isn't it a normal business behavior to borrow chicken eggs and go to sea to go to the sea? At the beginning, the non -offset could not prove that it could not be repaid in the end; and it could not be repaid objectively or it could not prove that the borrowing had the purpose of illegal possession. (2) The problem of the so -called "fictional facts, concealing the truth, and deceiving huge funds" about the "judgment". A large amount of evidence shows that when Wu Ying borrowed money, few people asked in detail in detail, because the creditors were concerned about interest; Wu Ying's expression of the use of borrowing was generally only called business, and in fact, except for some of them used to repay the principal and interest of the loan, almost all of them were almost all of them. It is used for operation; as for the borrowing, it is said that investing in the White Horse Clothing City Store and the hotel that acquires Hubei Jingmen, but it has not actually invested in this issue, but it is a very different situation, and the idea was indeed that the situation did not succeed later; The verdict stated that "false propaganda in the society" belongs to Zifu, without evidence, and does not meet the facts. In other words, regardless of the transcript submitted by the lawyer or the transcript obtained by the investigation agency, the victims basically claimed that Wu Ying did not cheat money. It was a normal civil loan. I wonder why the court determined that the "fraud" huge amount of funds? Of course, the original color group has printed more than a dozen brochures, and there are some exaggerated content in the brochure, but the brochure is used for participating in bids, not for borrowing. The borrowing is November of the same year, that is, the bayer is not related to the loan after the borrowing. (3) The question of the so -called "disposal of investment funds" about the "judgment". The basis for the determination of the verdict is mainly a false registered company; the jewelry contract with hundreds of millions of yuan of payment is signed to dispose of jewelry at will; buying a large number of cars without practical use; spending 4 million yuan to buy famous clothes, famous watches, etc. These are not in line with the facts. First, the so -called false registration company does not exist, because the "false registered company" refers to the applicant's false reporting capital, submitted false materials, or adopted other fraud methods to conceal important facts to obtain the company's registration, and Wu Ying's company does not exist. Types; second, buying jewelry may not be investment, saying that the basis for disposal is insufficient, and "arbitrarily disposal" is not the same as the "wanton squander" stipulated in the judicial interpretation; The use; fourth, the so -called personal spending 4 million yuan to buy famous clothes, famous watches, etc. does not exist. The line person Ying Xiaohua threatened and deceived Wu Ying in Wu Yingjian, and let his fabrication money that had been spent). In addition, there were no other evidence. Can't be admitted as evidence. Because the Supreme People's Court recently made a judicial interpretation, it made a clear rule on the identification standard of "illegal possession", so the defender believes that it is necessary to compare the judicial explanation to see if Wu Ying has the purpose of illegal possession. Article 4 of the "Supreme People's Court on Several Issues of Specific Application Law on Trial of Illegal Funding Criminal Cases" stipulates that if one of the following circumstances, it may be identified as "the purpose of illegal possession": "(1) After fundraising, it is not required to produce after funding. Business activities or the scale of production and operation activities are obviously not proportional to the scale of raising funds, which causes fundraising funds to be unable to return; The funding funds are used for illegal criminal activities; (5) those who escape, transfer funds, hide their property, and avoid the return funds; (6) hide, destroy accounts, or fake bankruptcy, false closure, and evade the return funds; (7) Refusing to explain the whereabouts of the funds and evades the return of funds; (8) Others can determine the purpose of illegal possession. "Because there is no controversy in the third to eight in the eight situations listed here, you only need to see the first two. The fact is clear that Wu Ying does not have the case that is not used to produce and operate activities after fund -raising or is obviously incomparable to the scale of production and operation activities and raising funds. In recent years, real estate appreciation has increased rapidly, and some have increased by four or five times), cars, more than ten companies, etc. As mentioned earlier, Wu Ying does not have any wantonly splurge on fund -raising funds. From another perspective, if Wu Ying's fundraising funds are not used for production and operation, where can the money spend? Are you squandering? How did you splurge? Is it gambling, drug use, building a mansion, or have you tossed a lot of money to eat and drink? Obviously, none of them exist. It can be seen that Wu Ying does not have the purpose of illegal possession. 2. Regarding the question of the crime or natural person's crime in this case The main reason for determining that natural person crimes are determined. One is that the company is essentially Wu Ying's personal company and does not have the personality of the company's personality; two The company's operating activities are very small; the third is that Wu Ying's fundraising is not for the company. The defenders believe that these reasons are not established. First, even if the company is a personal company, it cannot reach the conclusion that the company does not have the company's personality, because one -person company is also a form of a limited liability company. The company and natural persons are different. The concept; second, the company's operating activities are rarely insufficient. From the evidence, it can be said that there is very little profit in the short term. Including the trial business) or under construction; third, the purpose of Wu Ying's fundraising is not the same as the company's insufficient basis, because most of the loans have entered the company account and fixed assets are owned by the company. How can we say that the purpose of fundraising is not for the company? 3. Regarding whether Wu Ying's behavior meets the crime of fundraising fraud This determination is that there are three main reasons for the crime of fundraising fraud. One is to mislead the public through false publicity and pay high interest rates. Lin Weiping is doing financing business. Their funds are illegally absorbed and involved in many personnel; the third is that in addition to raising the 11 victims in the case, they also illegally funded Wangxiang bracelets and other people. The defender believes that this determination is against facts and laws. First, Wu Ying did not mislead the public through false propaganda. All evidence proved that Wu Ying had a single creditors (relatives and friends) alone when borrowing from the loan, and did not publicize it publicly. "There is no factual basis; and a large amount of evidence proves that Wu Ying only said that he only said to be business or lacks funds, and there was no" false publicity "problem. Second, although Lin Weiping's funds are illegally absorbed, Wu Ying did borrow money from Lin Wei's individual. That belongs to another legal relationship, and the two cannot be mixed. Lin Weiping's illegal absorption of the public is not a behavior of Wu Ying. From the perspective of contract law, this is called the relative of the contract. Third, the so -called illegal fundraising from Wangxiang Bracelet and others in addition to the 11 victims in this case cannot explain to the public to raise funds, because Wangxiang Bracelet and others are also Wu Ying’s friends and relatives. Specific public public. procedure errors in the first trial of the first trial 1. Severe super review limits If in accordance with Article 168 of the Criminal Procedure Law, a public prosecution case in the people's court shall be sentenced With the approval or decision of the Provincial Higher People's Court, it can be extended for another month, that is, the longest limit is two and a half months. However, the case was sentenced from January 4, 2009 to December 18th, for eleven and a half months! People often say that "late justice is non -righteousness", so late non -righteousness is even more justice. 2. Refuse to identify the problem The questions in this case requires judicial identification. One is the accurate amount of Wu Ying's loan, the flow orientation of funds, the asset value of Wu Ying and the original color group. In qualitative, the defender had applied for an entrusted appraisal; the second was that the asset price of Wu Ying and the original color group was not objective and incomplete due to the "Appraisal Conclusion" made by Dongyang Price Certification Center. Article 156 of the Supreme People's Court on the Explanation of the Criminal Procedure Law of the People's Republic of China on the Criminal Procedure Law of the People's Republic of China on the "Criminal Procedure Law of the People's Republic of China" on "the party and the defender ... those who apply for re -appraisal or investigation ... , I should agree to the application ... ". Attachment: The main content of the defender "Re -Appraisal Application" . The evaluation price is obviously low 1. The evaluation price is only: 10,000 yuan for car washing machines (lower than the price of scrap iron), and 70,000 yuan that has not been used. 2. The price of goods in the assessment form is significantly lower than the market price. For example, the evaluation price of the three -in -board board in the warehouse is only RMB 2 yuan. There is no such cheap triple board in the market! 3. The property price of the original color group was rated as about 3800 yuan per square meter and 7,000 yuan for street houses. The current market price is: about 6,500 yuan per square meter, and street houses of more than 10,000 yuan. . The assessment items have major omissions I because the judicial organs did not give Wu Ying and the original "seizure of property list"; and all the accounts were detained in the judicial organs, Wu Ying, the original color group, applicants per capita per capita It is impossible to check or verify, so it cannot be listed on the specific items, but knowing a lot of omissions, such as the boiler generator in the hotel, has not been reflected in the assessment table. . The losses caused by the public security organs shall be borne by the public security organs The property of the applicant and the true color group was seized on February 10, 2007. During the seal period, the public security organs were negligible for management, protection, and even even even Many items were stolen or moldy and depreciated. These losses shall be borne by the public security organs. The third part assumes a crime, and the first instance torture is also improper In the current judicial practice, the death penalty judgment is not uncommon. However, after Wu Ying was sentenced to the death penalty The media's words are called "the folk's crime of Wu Ying should be dead. Even in the Jinhua City Intermediate Court, there are different voices. Especially on the Internet, sympathize with Wu Ying and think that his sin is not dead, occupy one side to fall back. Location. "(December 24, 2009" Times Weekly ") The famous financial commentator and economist Ma Guangyuan said: The Wuying case compared with the seven situations stipulated by the Supreme People's Court when identifying the fund -raising fraud standard, as There are very different differences. "The judgment of this case is really far -fetched." (June 10, 2010, Phoenix Network Finance) Lang Xianping, a well -known company governance and financial expert, even said that Wu Ying's death sentence was killed! (Guangdong Satellite TV's "The Crime and Penalties of Bill Billion Sister") Together with the ordinary criminal case, it has caused such a big response to cause our thinking. The defender believes that the people's views are not unreasonable. Of course, the fundamental view of the defender is that Wu Ying does not constitute a crime. This is just a step back. The following quotes some folk views as the point of view of the defender, hoping to attract the attention of the court. 1. The social harm of Wu Ying's borrowing behavior has not reached the point where it is extremely serious. Ordinary people who are down the pot have a relatively strong ability to bear risk; more than, the victims have faults, and in accordance with Article 18 of the State Council's "Measures for the Banning Measures for Illegal Financial Institutions and Illegal Financial Business Activities" on the State Council. The provisions of the participants should be reduced by themselves. 2. Wu Ying's crime plot is not particularly bad The plot of fundraising fraud compared with violent crimes and corruption, and the former generally did not sentence the pole. For example, Bi Yuxi, the former deputy director of the Beijing Municipal Transportation Bureau, was sentenced to death for 13.04 million yuan; Han Guizhi, the former chairman of the CPPCC of Heilongjiang Provincial Political Consultative Conference, was sentenced to death for 7.36 million yuan. "The first case, Shi Xue, chairman of Liaoning Dalian Securities Company, used his position to facilitate corruption of 260 million yuan, misappropriated nearly 120 million yuan in public funds. Deadly. These must not be questioned with "judicial injustice" and "different judgment with sin". 3. Funding fraud, illegal absorption of public deposits and private lending were not clear The "crimes" when Wu Ying was arrested by Dongyang City Public Security Bureau was "illegal absorption of public deposits". The "crime" is still "illegal absorption of public deposits". It was not until the Jinhua Procuratorate's prosecution that the "crime" became "fund -raising fraud." Lin Weiping, Yang Weiling, Yang Weijiang, Yang Zhiang, Yang Zhiang, Xu Yulan, Luo Huamei, Yang Jun, etc. Never wait. These descriptions of the judicial authorities themselves have blurred and swinging about fund -raising fraud, illegal absorption of public deposits and private loans. 4. There are huge defects in my country's credit management system itself. Cou Tan, a well -known financial commentator, believes that it is a long -term dispute over whether Wu Ying should be punished. Essence There is a great gap between my country's existing banking system and market demand, and efficient civil funds make up for this defect. It is certain that as long as the unreasonable use of the system remains unchanged, as long as state -owned financial institutions have a bad deposit loan, private finance cannot disappear. Xu Da, deputy director of the Public Prosecution Department of the Jinhua Procuratorate and the public prosecutor of Wu Ying, said in analysis of the warnings and lessons of Wu Ying's case that there is a traditional coast of the Southeast coast of the tradition of wealth and the market economy, and underground finance is very developed. Objectively, enterprises have a large demand for funds, but they lack effective and smooth channels, and normal bank loans are very difficult. On the other hand, after more money in the hands of ordinary people, it is urgent to solve the channels of investment and financial management. Currency is like water, and it is better to block it. It the fourth part of the other 1. Regarding the application of the law During the trial of the second instance, the prosecutor repeatedly mentioned that Wu Ying "knows that he has no repayment ability and a large amount of funds is cheated". It's big. In fact, from the perspective of legal applications, this "Minutes of the Symposium" from the Supreme Court of September 2000, with the implementation of the "Supreme People's Court on the Specific Temodes of Criminal Cases of illegal Funding Criminal Cases", This clause has been replaced by "not for production and operation activities or for production and operation activities to be obviously not proportional to the scale of production and operation activities, so that the fundraising funds cannot be returned ..." (Article 4) The objective standard of the objective standard. That is to judge whether the standards of illegal possession are no longer using the subjective standard of "knowing the ability to not return", but instead of using the customer management standard for raising funds to produce and operate activities. It is an indisputable fact that Wu Ying will use fund -raising models for production and operation activities. The prosecutor's point of view is only that Wu Ying's enterprise has no profit or even losses. The defender talks about two points. First, Wu Ying's enterprise was in its infancy at that time. The seedlings planting fruit trees will inevitably be invested in the first few years to produce less or proof, but they will get returns after a few years; the second is that according to the latest judicial interpretation, it is required that the actor will use the funds for production and operation activities. The activity must be profitable. 2. Regarding the problem of establishing merit Wu Ying has reported to expose others' illegal and criminal acts. As follows, this is as follows: First, it should be identified as a performance performance, because although some are related to Wu Ying's bribery, some have nothing to do. For example, if bribery, the source of huge property is unknown, etc. Second, although some reports were reported in the first instance, because it was not verified at the time, the first trial was not involved; third, although only three of them have been sentenced, some of them have no time because the timing is not due to the time. The mature relevant departments have not yet investigated and dealt with and may be sentenced in the future. Fourth, the materials of the Anti -Corruption Bureau of the Hubei Provincial Procuratorate showed that in the investigation and punishment of Li Tiangui and Zhou Liang's cases, 21 cases and 21 people were investigated and punished. There are 2 people and 5 cadres at the level. They have a great shock in the province and achieved good social effects. Therefore, the court requests the court to identify major merits. In summary, the defender has two views. One is that there are indeed many problems in the judgment of the first trial. Wu Ying should not convict; the other is that Wu Ying's case is full of controversy, and the people believe that Wu Ying is not guilty or should not be sentenced to extreme punishment. The point of view has reached one side. Although the judge's judgment is based on the law rather than the public opinion, from the perspective of politics and justice for the people, this case should be at least prudent judgment, that is, the defender does think that Wu Ying has no guilt. , But if the collegiate bench believes that guilty also urged the Court to stay under the knife to avoid a tragedy of a white -haired man with a black -haired man! Thank you! The defender: Lawyer of Beijing Kyoto Law Firm Zhang Yanfeng April 7, 2011
Type announcement n Zhejiang Higher People's Court Criminal rulings (2010) Zhejiang Criminal Second Character No. 27 Wu Ying, female, born in ×××× year × month × day, Han nationality, Dongyang City, Zhejiang Province, technical secondary school culture, Zhejiang Nenjue Holding Group Co., Ltd. Household registration is in ×× town ×× ×× village. The case was detained on February 7, 2007, and was arrested on March 16 of the same year.
The defendant Wu Ying claimed that he had no purpose of illegal possession, subjectively did not intentionally scam. False propaganda to deceive creditors; creditors in this case are not the public, nor do they raise funds illegally; Declaiming innocence. Wu Ying's second instance defenders defended him for the same reason and asked Wu Ying to be guilty. At the same time, even if Wu Ying constitutes a crime, it is not particularly harsh in the crime. The social harm is extremely serious, and the first instance of punishment is improper; Wu Ying's report to expose the crime of others, constitutes a major achievement. In the trial of the second instance of the court, Wu Ying also stated that his actions had constituted the crime of illegally absorbing public deposits. The prosecutor who appeared in court believes that the criminal facts of the defendant Wu Ying's funding fraud are clear and the evidence is indeed sufficient; the method of using fraud to use fraud is to illegally fundraising from the public, and there are illegal occupation of their own subjective intentional and arbitrary disposal, squandering, squandering The behavior of fund -raising funds constitutes a crime of fund -raising fraud, and is a personal crime. The original judgment was accurate and the sentencing was appropriate. The reasons for appeal and the defender's defense opinions could not be established. It is recommended to reject the appeal and maintain the original sentence. P. After the trial of the second trial of the court, the defendant Wu Ying made a written application and asked to withdraw the appeal. The fact that the original judgment was identified as the fact that the defendant Wu Ying raised fraud. The victims Lin Weiping, Yang Weiling, Yang Zhiang, Yang Weijiang, Jiang Xinxing, Zhou Zhonghong, Ye Yisheng, Gong Yifeng, Ren Yiyong, Mao Xiazhang, Gong Suping, witness Wu Lingling Wu Lingling 、徐玉兰、俞亚素、唐雅琴、夏瑶琴、竺航飞、应丰义、葛保国、周海江、赵国夫、周巧、方鸿、金华芳、杜沈阳、吴喆、刘安、杨军、骆华梅、胡英萍、徐滨滨、 Bao Mingrong, Fu Lingling, Gong Hongxing, Wu Jianhong and other testimony, the industrial and commercial registration materials, banking vouchers, borrowings, investment agreements, debt -to -debts, receivables, records of funds, bookkeeping, accounting, accounting, accounting, accounting, accounting Borrow repayment list, futures transactions, bank entry, payment vouchers, fund remittance supplementary vouchers, guarantee deposit transfer letters, transaction confirmation books, penalties without bills, search transcripts, items seizure list, property identification conclusion, from Wu Ying The offering of the fake face value of the identification department is 49 million yuan of ICBC bills and two private seals of Hangzhou Branch of Hangzhou Branch of Hangzhou, which are engraved. The defendant Wu Ying also confessed to the case, and the confession was in line with the above evidence. ical reasons and defense opinions, after investigation: (1) Wu Ying has negatively debt before the establishment of the original Holdings Group Corporation in April 2006. Since then Regardless of its own ability to repay, there is no account or record for huge fundraising funds; at the same time, Wu Ying will use a small amount of funds from illegal fundraising to register the traditional micro -profit industry to cover the truth. Production and operation, instead of paying the principal and high interest of the early fund -raising funds, buying a large number of high -end cars, jewelry and wanton squander; before the incident, Wu Ying hid four debts and did not have the ability to repay. There is no improper purpose of behavior of illegal possession. (2) The statement of the victims in the case and Wu Ying's confession confirmed that Wu Ying was funded by various false reasons such as investment shops, coal and oil business, cooperative development of hotels, and capital turnover. The illusion of its strong economic strength is caused, using a large number of false registered companies in a short time, and using these companies to dress up a street in Dongyang City; often buy a large number of real estate from a real estate company at a time The road advertisement is concentrated on the launch of the original publicity advertisement, making the original publicity book to false publicity to the public; a large number of jewelry piled up the fraudulent purchase in the office shows the rich; in the case of serious losses in futures For high -profile dividends, Wu Ying's above -mentioned behaviors were obviously funded by fictional facts, concealing the truth, and fake propaganda to the public. (3) In addition to Wu Ying who came forward to the public to raise funds, Wu Ying also commissioned some people who did not know the truth to raise funds to the public. Although the direct victims identified were only 11 people, Lin Weiping, Yang Weiling, Yang Zhiang, Yang Weijiang four were of them. There are more than 120 people who raise funds. The victims involved Dongyang, Yiwu, Fenghua, Lishui, Hangzhou and other places in Zhejiang Province. Illegal fundraising from unspecified public is public. (4) The registered funds established by the original color group and the company are all from illegal fund -raising. After the establishment, most companies have not actually operated or lost money. The illusion of the public's prosperity to the public is to cheat more social funds. In addition, Wu Ying's large -scale fund -raising is carried out in his personal name. A large amount of funds entered his personal account, and the purpose was determined by one person at will. Therefore, the original color group and the company are essentially a tool for Wu Ying's illegal fundraising. The original judgment determined that the case was accurate by Wu Ying's personal crime. In summary, Wu Ying appealed and his second instance defenders argued that Wu Ying had no illegal purpose, subjectively did not intentionally fraud, objectively did not implement fraud, did not use false propaganda to deceive the public, and the case belonging to the unit's crime could not be established. , Do not accept it. The fact that the original judgment is determined is clear, the evidence is indeed and sufficient. Wu Ying's so -called report to expose other people's crimes. After investigation, it was bribed to others in order to obtain illegal interests. The court believes that the defendant Wu Ying illegally raised funds for fraud methods such as illegal possession, adopting fictional facts, concealing the truth, and making false propaganda to the public. In the trial of the second trial, Wu Ying argued that it only constituted the crime of illegally absorbing public deposits. The defender of the second instance proposed that Wu Ying's behavior did not constitute a crime and request the reasons for re -judgment to be guilty. Wu Ying's funding fraud is particularly huge, and it has caused particularly major losses to the interests of the country and the people. The crime plot is particularly serious, and severe punishment should be punished in accordance with the law. The defenders in the second instance requested that the reason for Wu Ying's judgment could not be established or adopted. The opinions of prosecutors in court should be adopted. According to the "Supreme People's Court, the Supreme People's Prosecutor on the Death sentence, the defendant who filed an appeal to the death penalty decided to withdraw the approved approval of the People's Court of the People's Court before the expiration of the appeal", Wu Ying requested the request to withdraw the appeal after the trial of the second instance. Do not allow it according to law. The original judgment and applicable law were correct, the sentencing was appropriate, and the trial procedure was legal. In accordance The provisions of Article 19 (1) are ruled as follows: The dismissal appeal and maintaining the original judgment. The ruling is a final trial. According to the provisions of Article 199 of the Criminal Procedure Law of the People's Republic of China, the death penalty of the defendant Wu Ying shall be reported to the Supreme People's Court for approval by the court in accordance with the law.
blue belle wholesale jewelry Wu Ying mainly involves the criminal law. The following is the relevant content. You can take a look at the defense word of the second instance of Wu Ying's fund -raising fraud case
Some parts of the first instance judgment identify facts and applicable legal errors
The main content of the first instance "Judgment": First, the basic situation of the defendant, the process of case acceptance, and the basic views of the defendant; the other is to find out The basic facts and corresponding evidence; the third is the specific facts and corresponding evidence of borrowing from 11 creditors; the fourth is the judgment of the evidence of the defender; the fifth is the discussion of the three controversial focus of the two parties; the sixth is the comprehensive perspective and the terms of the judgment clause Essence
In order to highlight the key points, it is concise and clear. Here are only the fourth and fifth parts of them analyzed and discussed.
. Regarding the evidence provided by the defender
During the trial, the defender submitted a lot of evidence to read the relevant content in the evidence of the public prosecution agency, but the judgment only used one sentence, "the source of the witness to Wu Ying's funds for Wu Ying's funds I do n’t know the whereabouts, and I do n’t conform to the testimony of the court in the investigation stage. ”There are four problems here.
1. It is not true that the whereabouts of Wu Ying's funds are not true, because witnesses have proved that funds are used for operation and have no squandering.
2. The judgment said that there are two problems with "inconsistent with the testimony in the investigation stage". One is that the testimony of the front and after the first and after the testimony is basically the same, and there is no "inconsistent" situation; Do you have to accept the testimony of the investigation phase? Obviously, there is no basis for law, because the law does not stipulate the testimony of witnesses during the investigation stage.
3. The evidence of the defender proves that Wu Ying did not use deception methods when borrowing money, and there was no existence of knowing that he had no repayment ability and a large amount of funds. Essence The verdict cannot prove the source and whereabouts of Wu Ying's funds and the whereabouts, not only violated the facts and laws, but also made logical errors, that is, only the testimony of Wu Ying's funding and the testimony of the direction can be accepted. You can't accept it. Do you need to prove any other questions?
4. The transcript of the 11 creditors read by the defender in the investigation volume proves that the creditors are not the public and have no use of fraud when borrowing. There is no legal basis for judgment.
The following table is the evidence and certification content of the defender of the original trial:
Numbers
Names
The content of the proof
1
R n testimony
① The book of the group is printed in the late 2006 and is only used to talk about projects in Hubei, which has nothing to do with borrowing;
② Wu Ying does not have a spoiler; The money is for the company's operation, and the villas and cars also belong to the company;
④ Wu Ying did not expect to be repaid when borrowing money, that is, there is no way to know that the ability to repay is not returned. Selling 30 billion;
⑤ Wu Ying did not deceive when borrowing money.
2
Wu Yan
(original color group financial director) testimony
① The company's official seal cannot be controlled by Wu Ying, blank borrowing may not be related to Wu Ying; The items are basically used in company operations;
③ True Colors Group Blog is only used to talk about projects in Hubei, which has nothing to do with borrowing;
④ Wu Ying does not have the funds of extravagance.
3
The testimony of Xu Binbin (former Director of Color Group Office)
The company official seal cannot be controlled by Wu Ying, and blank borrowings may not be related to Wu Ying.
4
(original color group cashier)
testimony
① The company's official seal cannot be controlled by Wu Ying, blank borrowing may not be related to Wu Ying;
Wu British borrowing items are used in company operations;
③ Most people think that the company has the ability to repay the loan, that is, Wu Ying does not have a large amount of funds who know that they have no ability to return;
④ Wuying The car purchased is owned by the company.
5
The testimony of Du Shenyang (originally color group driver)
① The company's official seal cannot be controlled by Wu Ying, and blank borrowings may not be related to Wu Ying;
② Wu Ying does not have the funds of extravagance.
6
Xu Yulan
(Friend) testimony
① Wu Ying did not deceive when borrowing money; I didn't expect to be repaid, that is, there is no existence of knowing that there is no ability to return and a large amount of funds.
7
111 creditor's testimony
① Wu Ying is a friend relationship with the creditor, non -public;
② Wu Ying did not use fraud when borrowing money; Before the post, it is still actively repaid.
. The focus of the three controversial points of the two parties in the prosecution
1. Regarding whether Wu Ying has the intention of illegally possessing other people's property
(1) The so -called "Judgment Book" The so -called "itself has no economy itself is economical. The foundation, unable to repay huge high -interest fundraising funds ". The defender believes that first of all Wu Ying's "no economic foundation" is controversial. Wu Ying said that he had 25 million yuan of assets at that time. The court only judged the actual investment basis with registered funds. It is also a very common and non -illegal phenomenon. Isn't it a normal business behavior to borrow chicken eggs and go to sea to go to the sea? At the beginning, the non -offset could not prove that it could not be repaid in the end; and it could not be repaid objectively or it could not prove that the borrowing had the purpose of illegal possession.
(2) The problem of the so -called "fictional facts, concealing the truth, and deceiving huge funds" about the "judgment". A large amount of evidence shows that when Wu Ying borrowed money, few people asked in detail in detail, because the creditors were concerned about interest; Wu Ying's expression of the use of borrowing was generally only called business, and in fact, except for some of them used to repay the principal and interest of the loan, almost all of them were almost all of them. It is used for operation; as for the borrowing, it is said that investing in the White Horse Clothing City Store and the hotel that acquires Hubei Jingmen, but it has not actually invested in this issue, but it is a very different situation, and the idea was indeed that the situation did not succeed later; The verdict stated that "false propaganda in the society" belongs to Zifu, without evidence, and does not meet the facts. In other words, regardless of the transcript submitted by the lawyer or the transcript obtained by the investigation agency, the victims basically claimed that Wu Ying did not cheat money. It was a normal civil loan. I wonder why the court determined that the "fraud" huge amount of funds? Of course, the original color group has printed more than a dozen brochures, and there are some exaggerated content in the brochure, but the brochure is used for participating in bids, not for borrowing. The borrowing is November of the same year, that is, the bayer is not related to the loan after the borrowing.
(3) The question of the so -called "disposal of investment funds" about the "judgment". The basis for the determination of the verdict is mainly a false registered company; the jewelry contract with hundreds of millions of yuan of payment is signed to dispose of jewelry at will; buying a large number of cars without practical use; spending 4 million yuan to buy famous clothes, famous watches, etc. These are not in line with the facts. First, the so -called false registration company does not exist, because the "false registered company" refers to the applicant's false reporting capital, submitted false materials, or adopted other fraud methods to conceal important facts to obtain the company's registration, and Wu Ying's company does not exist. Types; second, buying jewelry may not be investment, saying that the basis for disposal is insufficient, and "arbitrarily disposal" is not the same as the "wanton squander" stipulated in the judicial interpretation; The use; fourth, the so -called personal spending 4 million yuan to buy famous clothes, famous watches, etc. does not exist. The line person Ying Xiaohua threatened and deceived Wu Ying in Wu Yingjian, and let his fabrication money that had been spent). In addition, there were no other evidence. Can't be admitted as evidence.
Because the Supreme People's Court recently made a judicial interpretation, it made a clear rule on the identification standard of "illegal possession", so the defender believes that it is necessary to compare the judicial explanation to see if Wu Ying has the purpose of illegal possession. Article 4 of the "Supreme People's Court on Several Issues of Specific Application Law on Trial of Illegal Funding Criminal Cases" stipulates that if one of the following circumstances, it may be identified as "the purpose of illegal possession": "(1) After fundraising, it is not required to produce after funding. Business activities or the scale of production and operation activities are obviously not proportional to the scale of raising funds, which causes fundraising funds to be unable to return; The funding funds are used for illegal criminal activities; (5) those who escape, transfer funds, hide their property, and avoid the return funds; (6) hide, destroy accounts, or fake bankruptcy, false closure, and evade the return funds; (7) Refusing to explain the whereabouts of the funds and evades the return of funds; (8) Others can determine the purpose of illegal possession. "Because there is no controversy in the third to eight in the eight situations listed here, you only need to see the first two. The fact is clear that Wu Ying does not have the case that is not used to produce and operate activities after fund -raising or is obviously incomparable to the scale of production and operation activities and raising funds. In recent years, real estate appreciation has increased rapidly, and some have increased by four or five times), cars, more than ten companies, etc. As mentioned earlier, Wu Ying does not have any wantonly splurge on fund -raising funds. From another perspective, if Wu Ying's fundraising funds are not used for production and operation, where can the money spend? Are you squandering? How did you splurge? Is it gambling, drug use, building a mansion, or have you tossed a lot of money to eat and drink? Obviously, none of them exist. It can be seen that Wu Ying does not have the purpose of illegal possession.
2. Regarding the question of the crime or natural person's crime in this case
The main reason for determining that natural person crimes are determined. One is that the company is essentially Wu Ying's personal company and does not have the personality of the company's personality; two The company's operating activities are very small; the third is that Wu Ying's fundraising is not for the company.
The defenders believe that these reasons are not established. First, even if the company is a personal company, it cannot reach the conclusion that the company does not have the company's personality, because one -person company is also a form of a limited liability company. The company and natural persons are different. The concept; second, the company's operating activities are rarely insufficient. From the evidence, it can be said that there is very little profit in the short term. Including the trial business) or under construction; third, the purpose of Wu Ying's fundraising is not the same as the company's insufficient basis, because most of the loans have entered the company account and fixed assets are owned by the company. How can we say that the purpose of fundraising is not for the company?
3. Regarding whether Wu Ying's behavior meets the crime of fundraising fraud
This determination is that there are three main reasons for the crime of fundraising fraud. One is to mislead the public through false publicity and pay high interest rates. Lin Weiping is doing financing business. Their funds are illegally absorbed and involved in many personnel; the third is that in addition to raising the 11 victims in the case, they also illegally funded Wangxiang bracelets and other people.
The defender believes that this determination is against facts and laws. First, Wu Ying did not mislead the public through false propaganda. All evidence proved that Wu Ying had a single creditors (relatives and friends) alone when borrowing from the loan, and did not publicize it publicly. "There is no factual basis; and a large amount of evidence proves that Wu Ying only said that he only said to be business or lacks funds, and there was no" false publicity "problem. Second, although Lin Weiping's funds are illegally absorbed, Wu Ying did borrow money from Lin Wei's individual. That belongs to another legal relationship, and the two cannot be mixed. Lin Weiping's illegal absorption of the public is not a behavior of Wu Ying. From the perspective of contract law, this is called the relative of the contract. Third, the so -called illegal fundraising from Wangxiang Bracelet and others in addition to the 11 victims in this case cannot explain to the public to raise funds, because Wangxiang Bracelet and others are also Wu Ying’s friends and relatives. Specific public public.
procedure errors in the first trial of the first trial
1. Severe super review limits
If in accordance with Article 168 of the Criminal Procedure Law, a public prosecution case in the people's court shall be sentenced With the approval or decision of the Provincial Higher People's Court, it can be extended for another month, that is, the longest limit is two and a half months. However, the case was sentenced from January 4, 2009 to December 18th, for eleven and a half months! People often say that "late justice is non -righteousness", so late non -righteousness is even more justice.
2. Refuse to identify the problem
The questions in this case requires judicial identification. One is the accurate amount of Wu Ying's loan, the flow orientation of funds, the asset value of Wu Ying and the original color group. In qualitative, the defender had applied for an entrusted appraisal; the second was that the asset price of Wu Ying and the original color group was not objective and incomplete due to the "Appraisal Conclusion" made by Dongyang Price Certification Center. Article 156 of the Supreme People's Court on the Explanation of the Criminal Procedure Law of the People's Republic of China on the Criminal Procedure Law of the People's Republic of China on the "Criminal Procedure Law of the People's Republic of China" on "the party and the defender ... those who apply for re -appraisal or investigation ... , I should agree to the application ... ".
Attachment: The main content of the defender "Re -Appraisal Application"
. The evaluation price is obviously low
1. The evaluation price is only: 10,000 yuan for car washing machines (lower than the price of scrap iron), and 70,000 yuan that has not been used.
2. The price of goods in the assessment form is significantly lower than the market price. For example, the evaluation price of the three -in -board board in the warehouse is only RMB 2 yuan. There is no such cheap triple board in the market!
3. The property price of the original color group was rated as about 3800 yuan per square meter and 7,000 yuan for street houses. The current market price is: about 6,500 yuan per square meter, and street houses of more than 10,000 yuan.
. The assessment items have major omissions
I because the judicial organs did not give Wu Ying and the original "seizure of property list"; and all the accounts were detained in the judicial organs, Wu Ying, the original color group, applicants per capita per capita It is impossible to check or verify, so it cannot be listed on the specific items, but knowing a lot of omissions, such as the boiler generator in the hotel, has not been reflected in the assessment table.
. The losses caused by the public security organs shall be borne by the public security organs
The property of the applicant and the true color group was seized on February 10, 2007. During the seal period, the public security organs were negligible for management, protection, and even even even Many items were stolen or moldy and depreciated. These losses shall be borne by the public security organs.
The third part assumes a crime, and the first instance torture is also improper
In the current judicial practice, the death penalty judgment is not uncommon. However, after Wu Ying was sentenced to the death penalty The media's words are called "the folk's crime of Wu Ying should be dead. Even in the Jinhua City Intermediate Court, there are different voices. Especially on the Internet, sympathize with Wu Ying and think that his sin is not dead, occupy one side to fall back. Location. "(December 24, 2009" Times Weekly ") The famous financial commentator and economist Ma Guangyuan said: The Wuying case compared with the seven situations stipulated by the Supreme People's Court when identifying the fund -raising fraud standard, as There are very different differences. "The judgment of this case is really far -fetched." (June 10, 2010, Phoenix Network Finance) Lang Xianping, a well -known company governance and financial expert, even said that Wu Ying's death sentence was killed! (Guangdong Satellite TV's "The Crime and Penalties of Bill Billion Sister") Together with the ordinary criminal case, it has caused such a big response to cause our thinking.
The defender believes that the people's views are not unreasonable. Of course, the fundamental view of the defender is that Wu Ying does not constitute a crime. This is just a step back. The following quotes some folk views as the point of view of the defender, hoping to attract the attention of the court.
1. The social harm of Wu Ying's borrowing behavior has not reached the point where it is extremely serious. Ordinary people who are down the pot have a relatively strong ability to bear risk; more than, the victims have faults, and in accordance with Article 18 of the State Council's "Measures for the Banning Measures for Illegal Financial Institutions and Illegal Financial Business Activities" on the State Council. The provisions of the participants should be reduced by themselves.
2. Wu Ying's crime plot is not particularly bad
The plot of fundraising fraud compared with violent crimes and corruption, and the former generally did not sentence the pole. For example, Bi Yuxi, the former deputy director of the Beijing Municipal Transportation Bureau, was sentenced to death for 13.04 million yuan; Han Guizhi, the former chairman of the CPPCC of Heilongjiang Provincial Political Consultative Conference, was sentenced to death for 7.36 million yuan. "The first case, Shi Xue, chairman of Liaoning Dalian Securities Company, used his position to facilitate corruption of 260 million yuan, misappropriated nearly 120 million yuan in public funds. Deadly. These must not be questioned with "judicial injustice" and "different judgment with sin".
3. Funding fraud, illegal absorption of public deposits and private lending were not clear
The "crimes" when Wu Ying was arrested by Dongyang City Public Security Bureau was "illegal absorption of public deposits". The "crime" is still "illegal absorption of public deposits". It was not until the Jinhua Procuratorate's prosecution that the "crime" became "fund -raising fraud." Lin Weiping, Yang Weiling, Yang Weijiang, Yang Zhiang, Yang Zhiang, Xu Yulan, Luo Huamei, Yang Jun, etc. Never wait. These descriptions of the judicial authorities themselves have blurred and swinging about fund -raising fraud, illegal absorption of public deposits and private loans.
4. There are huge defects in my country's credit management system itself.
Cou Tan, a well -known financial commentator, believes that it is a long -term dispute over whether Wu Ying should be punished. Essence There is a great gap between my country's existing banking system and market demand, and efficient civil funds make up for this defect. It is certain that as long as the unreasonable use of the system remains unchanged, as long as state -owned financial institutions have a bad deposit loan, private finance cannot disappear. Xu Da, deputy director of the Public Prosecution Department of the Jinhua Procuratorate and the public prosecutor of Wu Ying, said in analysis of the warnings and lessons of Wu Ying's case that there is a traditional coast of the Southeast coast of the tradition of wealth and the market economy, and underground finance is very developed. Objectively, enterprises have a large demand for funds, but they lack effective and smooth channels, and normal bank loans are very difficult. On the other hand, after more money in the hands of ordinary people, it is urgent to solve the channels of investment and financial management. Currency is like water, and it is better to block it.
It the fourth part of the other
1. Regarding the application of the law
During the trial of the second instance, the prosecutor repeatedly mentioned that Wu Ying "knows that he has no repayment ability and a large amount of funds is cheated". It's big. In fact, from the perspective of legal applications, this "Minutes of the Symposium" from the Supreme Court of September 2000, with the implementation of the "Supreme People's Court on the Specific Temodes of Criminal Cases of illegal Funding Criminal Cases", This clause has been replaced by "not for production and operation activities or for production and operation activities to be obviously not proportional to the scale of production and operation activities, so that the fundraising funds cannot be returned ..." (Article 4) The objective standard of the objective standard. That is to judge whether the standards of illegal possession are no longer using the subjective standard of "knowing the ability to not return", but instead of using the customer management standard for raising funds to produce and operate activities. It is an indisputable fact that Wu Ying will use fund -raising models for production and operation activities. The prosecutor's point of view is only that Wu Ying's enterprise has no profit or even losses. The defender talks about two points. First, Wu Ying's enterprise was in its infancy at that time. The seedlings planting fruit trees will inevitably be invested in the first few years to produce less or proof, but they will get returns after a few years; the second is that according to the latest judicial interpretation, it is required that the actor will use the funds for production and operation activities. The activity must be profitable.
2. Regarding the problem of establishing merit
Wu Ying has reported to expose others' illegal and criminal acts. As follows, this is as follows: First, it should be identified as a performance performance, because although some are related to Wu Ying's bribery, some have nothing to do. For example, if bribery, the source of huge property is unknown, etc. Second, although some reports were reported in the first instance, because it was not verified at the time, the first trial was not involved; third, although only three of them have been sentenced, some of them have no time because the timing is not due to the time. The mature relevant departments have not yet investigated and dealt with and may be sentenced in the future. Fourth, the materials of the Anti -Corruption Bureau of the Hubei Provincial Procuratorate showed that in the investigation and punishment of Li Tiangui and Zhou Liang's cases, 21 cases and 21 people were investigated and punished. There are 2 people and 5 cadres at the level. They have a great shock in the province and achieved good social effects. Therefore, the court requests the court to identify major merits.
In summary, the defender has two views. One is that there are indeed many problems in the judgment of the first trial. Wu Ying should not convict; the other is that Wu Ying's case is full of controversy, and the people believe that Wu Ying is not guilty or should not be sentenced to extreme punishment. The point of view has reached one side. Although the judge's judgment is based on the law rather than the public opinion, from the perspective of politics and justice for the people, this case should be at least prudent judgment, that is, the defender does think that Wu Ying has no guilt. , But if the collegiate bench believes that guilty also urged the Court to stay under the knife to avoid a tragedy of a white -haired man with a black -haired man!
Thank you!
The defender: Lawyer of Beijing Kyoto Law Firm
Zhang Yanfeng
April 7, 2011
Type announcement
n Zhejiang Higher People's Court
Criminal rulings
(2010) Zhejiang Criminal Second Character No. 27
Wu Ying, female, born in ×××× year × month × day, Han nationality, Dongyang City, Zhejiang Province, technical secondary school culture, Zhejiang Nenjue Holding Group Co., Ltd. Household registration is in ×× town ×× ×× village. The case was detained on February 7, 2007, and was arrested on March 16 of the same year.
The defendant Wu Ying claimed that he had no purpose of illegal possession, subjectively did not intentionally scam. False propaganda to deceive creditors; creditors in this case are not the public, nor do they raise funds illegally; Declaiming innocence. Wu Ying's second instance defenders defended him for the same reason and asked Wu Ying to be guilty. At the same time, even if Wu Ying constitutes a crime, it is not particularly harsh in the crime. The social harm is extremely serious, and the first instance of punishment is improper; Wu Ying's report to expose the crime of others, constitutes a major achievement. In the trial of the second instance of the court, Wu Ying also stated that his actions had constituted the crime of illegally absorbing public deposits.
The prosecutor who appeared in court believes that the criminal facts of the defendant Wu Ying's funding fraud are clear and the evidence is indeed sufficient; the method of using fraud to use fraud is to illegally fundraising from the public, and there are illegal occupation of their own subjective intentional and arbitrary disposal, squandering, squandering The behavior of fund -raising funds constitutes a crime of fund -raising fraud, and is a personal crime. The original judgment was accurate and the sentencing was appropriate. The reasons for appeal and the defender's defense opinions could not be established. It is recommended to reject the appeal and maintain the original sentence.
P. After the trial of the second trial of the court, the defendant Wu Ying made a written application and asked to withdraw the appeal.
The fact that the original judgment was identified as the fact that the defendant Wu Ying raised fraud. The victims Lin Weiping, Yang Weiling, Yang Zhiang, Yang Weijiang, Jiang Xinxing, Zhou Zhonghong, Ye Yisheng, Gong Yifeng, Ren Yiyong, Mao Xiazhang, Gong Suping, witness Wu Lingling Wu Lingling 、徐玉兰、俞亚素、唐雅琴、夏瑶琴、竺航飞、应丰义、葛保国、周海江、赵国夫、周巧、方鸿、金华芳、杜沈阳、吴喆、刘安、杨军、骆华梅、胡英萍、徐滨滨、 Bao Mingrong, Fu Lingling, Gong Hongxing, Wu Jianhong and other testimony, the industrial and commercial registration materials, banking vouchers, borrowings, investment agreements, debt -to -debts, receivables, records of funds, bookkeeping, accounting, accounting, accounting, accounting, accounting Borrow repayment list, futures transactions, bank entry, payment vouchers, fund remittance supplementary vouchers, guarantee deposit transfer letters, transaction confirmation books, penalties without bills, search transcripts, items seizure list, property identification conclusion, from Wu Ying The offering of the fake face value of the identification department is 49 million yuan of ICBC bills and two private seals of Hangzhou Branch of Hangzhou Branch of Hangzhou, which are engraved. The defendant Wu Ying also confessed to the case, and the confession was in line with the above evidence.
ical reasons and defense opinions, after investigation: (1) Wu Ying has negatively debt before the establishment of the original Holdings Group Corporation in April 2006. Since then Regardless of its own ability to repay, there is no account or record for huge fundraising funds; at the same time, Wu Ying will use a small amount of funds from illegal fundraising to register the traditional micro -profit industry to cover the truth. Production and operation, instead of paying the principal and high interest of the early fund -raising funds, buying a large number of high -end cars, jewelry and wanton squander; before the incident, Wu Ying hid four debts and did not have the ability to repay. There is no improper purpose of behavior of illegal possession. (2) The statement of the victims in the case and Wu Ying's confession confirmed that Wu Ying was funded by various false reasons such as investment shops, coal and oil business, cooperative development of hotels, and capital turnover. The illusion of its strong economic strength is caused, using a large number of false registered companies in a short time, and using these companies to dress up a street in Dongyang City; often buy a large number of real estate from a real estate company at a time The road advertisement is concentrated on the launch of the original publicity advertisement, making the original publicity book to false publicity to the public; a large number of jewelry piled up the fraudulent purchase in the office shows the rich; in the case of serious losses in futures For high -profile dividends, Wu Ying's above -mentioned behaviors were obviously funded by fictional facts, concealing the truth, and fake propaganda to the public. (3) In addition to Wu Ying who came forward to the public to raise funds, Wu Ying also commissioned some people who did not know the truth to raise funds to the public. Although the direct victims identified were only 11 people, Lin Weiping, Yang Weiling, Yang Zhiang, Yang Weijiang four were of them. There are more than 120 people who raise funds. The victims involved Dongyang, Yiwu, Fenghua, Lishui, Hangzhou and other places in Zhejiang Province. Illegal fundraising from unspecified public is public. (4) The registered funds established by the original color group and the company are all from illegal fund -raising. After the establishment, most companies have not actually operated or lost money. The illusion of the public's prosperity to the public is to cheat more social funds. In addition, Wu Ying's large -scale fund -raising is carried out in his personal name. A large amount of funds entered his personal account, and the purpose was determined by one person at will. Therefore, the original color group and the company are essentially a tool for Wu Ying's illegal fundraising. The original judgment determined that the case was accurate by Wu Ying's personal crime. In summary, Wu Ying appealed and his second instance defenders argued that Wu Ying had no illegal purpose, subjectively did not intentionally fraud, objectively did not implement fraud, did not use false propaganda to deceive the public, and the case belonging to the unit's crime could not be established. , Do not accept it. The fact that the original judgment is determined is clear, the evidence is indeed and sufficient. Wu Ying's so -called report to expose other people's crimes. After investigation, it was bribed to others in order to obtain illegal interests.
The court believes that the defendant Wu Ying illegally raised funds for fraud methods such as illegal possession, adopting fictional facts, concealing the truth, and making false propaganda to the public. In the trial of the second trial, Wu Ying argued that it only constituted the crime of illegally absorbing public deposits. The defender of the second instance proposed that Wu Ying's behavior did not constitute a crime and request the reasons for re -judgment to be guilty. Wu Ying's funding fraud is particularly huge, and it has caused particularly major losses to the interests of the country and the people. The crime plot is particularly serious, and severe punishment should be punished in accordance with the law. The defenders in the second instance requested that the reason for Wu Ying's judgment could not be established or adopted. The opinions of prosecutors in court should be adopted. According to the "Supreme People's Court, the Supreme People's Prosecutor on the Death sentence, the defendant who filed an appeal to the death penalty decided to withdraw the approved approval of the People's Court of the People's Court before the expiration of the appeal", Wu Ying requested the request to withdraw the appeal after the trial of the second instance. Do not allow it according to law. The original judgment and applicable law were correct, the sentencing was appropriate, and the trial procedure was legal. In accordance The provisions of Article 19 (1) are ruled as follows:
The dismissal appeal and maintaining the original judgment.
The ruling is a final trial. According to the provisions of Article 199 of the Criminal Procedure Law of the People's Republic of China, the death penalty of the defendant Wu Ying shall be reported to the Supreme People's Court for approval by the court in accordance with the law.