Run quickly dimension authority woman's bicycle advocate become another person unexpectedly " dimension authority object " , be pointed to to involve money of bilk of course of study of 1 million yuan of meal, caused social attention this year in April.
On July 15, substation of Min Hang of Shanghai public security bureau releases findings. Classics investigation, did not discover culture of Shanghai contest collect expands limited company (firm of market of abbreviation Shanghai contest) Huang Mou of Xu Mou of effective control person, partner Xue Mou of thing of sweet, inspect is colourful in company of operation, management " defend actor " in item process, have the advantage that exploits officially, the property this unit is illegal the circumstance of possess oneself of. Did not discover in investigation culture of Shanghai contest collect develops limited company to be a purpose with detinue, in sign, in fulfilling contract process, diddle project supplier reachs the action of business door money, content.
Accordingly, public security mechanism already was made lawfully do not grant decision of put on record.
Police bulletin
This year in May, deng Gaojing of solicitor of office of attorney of Shanghai billows booth suffers Guangzhou city planning blame to decorate engineering limited company (the following abbreviation " planning blame company " ) wait for 8 companies to entrust go to Min Hang substation to sign up for counter scale: Came in November 2017 during June 2018, xue Mou of thing of Xu Mou of general manager of company of Shanghai contest market, inspect admires to purchase cost, entertainment cost, certificate to make cost wait for capital of means embezzlement company with furniture of make a false report, equipment, bring about the supplier such as planning blame company to be in carry on contest market firm develops " contest collect defends actor cate square " there are more than yuan 200 to decorate paragraph, payment for goods to cannot call in in the project, reason reports a case to the security authorities the behavior that the person thinks Xu Mou, Xue Mou is colourful is suspected of blame of embezzlement of contract bilk, post. After Min travel substation receives a reply, accept this proposal, put on record is lengthened to examine deadline to come 60 days after.
On July 15 afternoon, case of substation of Min travel public security undertakes the policeman accepted insurgent news (Www.thepaper.cn) of the reporter interview, the introduction investigates a case, explain not the cause that put on record decides.
"Contest collect defends actor " cate square gate sticks the give public notice that give. Article picture all is photographed by Yi of insurgent journalist Zhu Yi
Do not manage business door to withdraw in succession
Firm of Shanghai contest market held water in September 2017, register fund 100 thousand yuan of RMBs, the street outside be Aegean shopping park actually via camping ground 4 buildings, advocate service of battalion meal business management, property management, meal. Partner is limited company of science and technology of space of Wuhan contest collect (it is Xu Mou holding company, occupy 75% ) , Shanghai platinic Zheng business management limited company (occupy 15% ) with Huang Mou sweet (it is Xue Mou colourful mother, occupy 10% ) , industry legal representative is Huang Mou sweet.
Register after establishing firm of Shanghai contest market, xu Mou is managed external " contest collect defends actor cate square " meal project, sign with more than 60 supplier such as planning blame company early or late decorate, equipment is supplied, the contract such as advertisement, undertake decorate; With Shanghai this discriminate meal runs limited company (the following abbreviation " this discriminate company " ) wait for 16 business door to sign " couplet sells management contract " , enrol business external.
The contract that business door and contest market firm sign
In June 2018, "Contest collect defends actor cate square " do business formally external, because in short supply of slack, power reachs store,equally shared however charge is opaque wait for a reason, into be stationed in business door and contest market firm to produce contradiction, both sides will check of the same age in August controversy of unified generation receiving silver, partly business door proper motion receives silver, contradictory become acute, into be stationed in business door to withdraw in succession. To in June 2019, the end is managed.
Whether does Xu Mou, Xue Mou admire to make functionary embezzlement crime?
One of focuses of incident depend on Xu Mou and Xue Mou admiring to whether involve functionary embezzlement pain.
Basis " criminal law of People's Republic of China " the 271st regulation, functionary embezzlement blame is to show company, company is other perhaps the personnel of the unit, exploit the advantage of officially, this unit property illegal possess oneself of, the action with larger number.
Substation of Min travel public security undertakes the policeman tells a reporter, case of each income and expenses of firm of market of contest of the Shanghai in this case is relatively clear, firm of Shanghai contest market delimits the capital of colourful individual account and company a shot in the locker all use Xu Mou, Xue Mou at the company to be managed daily, and fund use condition gets all partner agrees, did not discover Xu Mou, Xue Mou is colourful advantageous facilitate with the post, illegal embezzlement the behavior of this unit property, reason Xu Mou, Xue Mou admires not to form functionary embezzlement.
Whether does firm of Shanghai contest market form contract bilk?
The reporter understands, business door and supplier inform against behavior of bilk of contract of presence of firm of Shanghai contest market, think Xu Mou and Xue Mou admire to perform the way of the contract in order to sign small contract partly, coax supplier believes firm of Shanghai contest market is had honor the agreement ability, sign the contract of larger amount with firm of Shanghai contest market then.
Basis " criminal law of People's Republic of China " the 224th regulation, contract crime of fraud is to point to it is a purpose with detinue, in sign, in fulfilling contract process, adopt dummy fact to perhaps conceal method of really equal deceit, the property of diddle the opposing party, the action with larger number.
Investigation shows, above all, firm of Shanghai contest market controls person Xu Mou actually to have the intention that honor the agreement. Next, xu Mou, Xue Mou admires to offer a company in Shanghai, "Contest collect defends actor cate square " the project does not have dummy, concoctive behavior.
The 2nd, when firm of Shanghai contest market signs agreement, have honor the agreement ability has the real action that fulfils a contract after signing a contract. Although register fund for 100 thousand, this business partner is in " contest collect defends actor " there is the rest on the project durative investment makes an appointment with many yuan 300. In addition, since Xu Mou, Xue Mou admires to begin in the project, have stuff of invite applications for a job, fulfil the behavior such as promotion of management, project.
The 3rd, firm of Shanghai contest market controls person Xu Mou actually, inspect thing Xue Mou is colourful the behavior such as the prodigal, divert, abscond that carry a money is not had after signing agreement. On June 27, with the insolvency related this case liquidation already was in Shanghai court of the 3rd intermediate people is sessional, xu Mou appears in court should appeal to. Sign agreement with the supplier, place occupies some furniture, galley equipment to wait to also be not had legally sell off, divert sells off the behavior such as the paragraph.
Supplier representative lawyer: Already applied for to go bankrupt to firm of Shanghai contest market liquidation
Deng Gaojing of supplier representative lawyer tells insurgent journalist, current, default supplier contract money with respect to firm of Shanghai contest market, the supplier of firm of market of much home contest such as planning blame company already to Shanghai court of the 3rd intermediate people mentions civil suit, the requirement undertakes bankrupt liquidating to contest market firm. The purpose is to make a thorough investigation of the Zhang of firm of Shanghai contest market, examine whether to exist capital of embezzlement of character confuse sth with sth else, post, divert and whether to have when signing a contract with the supplier honor the agreement ability. Shanghai court of the 3rd intermediate people already put on record is accepted, already held hearing of witnesses on June 27, can go out next week go bankrupt ruling.
