With dispatch network news to investment, the stock matchs endowment it is a Shuang Renjian, allow accrual twice growth with good meeting, conversely, with bad to also can explode quickly Cang Feng danger. In fact, match endowment exist only not just explode storehouse deficit risk, it is even when occurrence gain, want to took accrual smoothly to also be full of uncertainty.
Recently, the book of a ruling that net of juridical copy clerk publishs, because match,announced one case endowment the legal issue that pose, having " Dongguan god " the Huang Muxiu that say, with embezzlement blame will " Dongguan constant Ping Shoufu " Liu Baiquan tells a court.
"Dongguan god " with " Chang Ping head is rich "
The data shows, the Liu Baiquan that was born in July 1962, former department often makes the same score vice-chairman of chamber of commerce, in Dongguan, "Local tyrant " Liu Bai Quan owns hotel of 5 stars class at least, be called " Chang Ping head is rich " , still by the coronal with " magnate of Dongguan hotel industry " say. Because Dongguan sweeps yellow action, in May 2014 put in prison.
It is the Huang Muxiu that was born 1962 together, rather child because Huang Junhu dotes on ST be called " ST specialist " . Its classic battle also is absent a few, 2010, *ST of stake of Huang Muxiu father and son closes aluminium, after waiting painstakingly near two years, *ST closes aluminium to change personally 5 mine rare earth, first days go up greatly 1 times much, yellow wood beautiful father and son two people gain profit more than 300 million yuan. In August 2014, stock of zincic line of business performs conceal of yellow wood beautiful father and son " the secular bird " miracle, restore to appear on the market first days to go up greatly 148.97% , two people float is filled with father and son 130 million yuan.
In addition, yellow Mu Xiucan and wooden ST still have, *jin Cheng of cotton of heart of ST Luo Du, *ST, *ST many, huang Muxiu also is called accordingly Dongguan is true " god " and most one of Niu San door.
Sign match endowment contract monthly interest 2%
The kind and enmity of two people is mentioned from 2011 even.
Say according to Huang Muxiu, because its and Liu Bai Quan ever held the position of the vice-chairman that often makes the same score chamber of commerce to be acquainted, came in June 2011 in March 2013, liu Bai Quan and yellow Mu Xiushuang just are signed " contract of investment share collaboration " , " investment collaboration contract " wait for 6 contracts, conventional Liu Bai Quan controls his account of 15 negotiable securities and account password to give Huang Muxiu, ask in the contract Huang Muxiu infiltrates to above account bail is reached offer assure undertake operating along with all the others.
Be equivalent to bilateral and furtive agreement " match endowment fry " , liu Bai Quan fastens contributive person, handle stock account by Huang Muxiu, agree by account form accrual of collection of initiative capital total.
The contract that signs according to both sides agrees, huang Muxiu must continue to use former account and code, do not get do sth without authorization to revise, at the same time Liu Bai counterpoises to undertake keeping jointly use with the password to above account. Liu Bai Quan does not participate in investment decision-making also do not assume investment risk, only collection every months of fixed income of 2% .
Come from June 2011 in March 2013, huang Muxiu turns with adopting authority and the relative that its appoint and company pay Zhang means Xiang Liubai fixed yield. Signed on March 4, 2013 " assure confirmation " , offer 5 million ST to close aluminous stock to do assure.
Match in what agree before this endowment after time expires, on July 1, 2013, huang Muxiu and Liu Bai Quanshuang just talk things over sign reimbursement confirmation, decide by end the investment amount June 30, 2013 242 million yuan, one-time pay accrual 45.78 million yuan. And reappoint month interest is 2% , time limit of fund borrow or lend money is delayed to on June 30, 2014.
Huang Muxiu expresses, its were pressed on July 2, 2013 about paid primary interest 45.78 million yuan, after this is divided 2 times again pay accrual 31.06 million yuan.
Touch during put in prison on big ox city
On Feburary 9, 2014, CCTV managed the circumstance of pornographic course of study to have a story to hotel of Dongguan city share. Dongguan city begins afternoon from 9 days, dispatch in all 6525 alarm enough of all to whole town sauna, wash one's hair and public place of entertainment have power at the same time examination, the yellow place of much place experience that is aimed at program exposure undertakes check is captured.
Yellow action is swept in this in, by the coronal with " magnate of Dongguan hotel industry " because the Liu Bai Quan that say is suspected of crime in May 2014 put in prison.
Because of put in prison of Liu Bai Quan, what Huang Muxiu uses match endowment account expires in fund borrow or lend money hind, cannot have effective connection and complete a business transaction with Liu Bai Quan. Huang Muxiu decides, continue to use the negotiable securities account that Liu Bai Quan offers.
Till May 17, 2015 Liu Bai Quan is released from prison, during this, as it happens catchs up with A the big ox city of round of surging forward with great momentum, the assets of the negotiable securities account of lend also appeared to grow considerably, the amount of account form achieves 448 million yuan.
After Liu Bai Quan is released from prison, begin to ask for original loan and accrual to Huang Muxiu, classics both sides is oral principal of original to Zhang loan 242 million yuan, need to pay 23 months interest (came on July 1, 2013 on May 30, 2015, aggregate 111 million yuan, deduct prepaid interest 31.06 million yuan, should pay 80.41 million yuan of interest) .
Came on May 28, 2015 on June 8, huang Muxiu passes undersell stock and former account to oneself remaining sum counterpoises to Liu Bai reimbursement. During, liu Bai Quan uses custodial account and code 398 million yuan are transferred in 5 account respectively, exceed original agreement principal and interest (323 million yuan) seventy-five million six hundred and seventy-five thousand five hundred yuan. After the event, liu Bai Quanxiu changed account code.
Both sides rips turn against to litigate
After Huang Muxiu discovers, requirement Liu Bai Quan returns surplus money, dan Liubai authority expresses to reject to return. On April 8, 2018, the 3rd people of city of Dongguan of yellow Mu Xiuxiang forensic to lodge a complaint, appeal to beg a court to investigate duty of criminal of Liu Bai Quan with embezzlement blame, ask to return the account capital of much extraction and interest.
In case cognizance process, the court points out, embezzlement blame is to point to it is a purpose with detinue, the other property that will keep for you or the oblivion of other content, bury content possess oneself of, number is larger and the behavior that refus is not returned or refus does not hand over. The court thinks, the account password of account of certificate of verify of Liu cypress authority and asset have right of own disciplinary action, huang Muxiu advocates Liu Bai Quan to commit embezzlement crime, but afore-mentioned referred evidence can't prove Liu Bai Quan has embezzlement fact.
Accordingly, forensic decision, according to " criminal law " wait for relevant provision, those who rule pair of Huangmu are beautiful sue, this academy does not grant to accept.
This dispute that matchs endowment record also did not end accordingly, the retrieval that carries networks of pair of juridical copy clerk with dispatch net discovers, huang Muxiu still counterpoises with Liu Bai the account of lend is possessory wait for dispute of law of much person existence, among them, the civil ruling that already announced is amounted to 13 cases.
