About contract bilk, " criminal law " be to having specific definition. Basis " criminal law of People's Republic of China " the 224th regulation, contract bilk 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.
However, between real life, as a result of the person mixed, and contract not simply business contract a kind, make again contract bilk also not only buying and selling closes put oneself in another's position now Alexandrine. For instance, the enlarge of the company agreement, it is the contract of another expression form, but after persuading a person to become a shareholder, very sharp move walks along the money paid for shares of new partner, is not to follow a person to cooperate one case well deal shares out bonus together, masked the essence of contract bilk with the appearance of contract dispute. Liu Qinghua of Heibei book businessman is in Inner Mongolia E Er is much this encountered first honey-tongued persuade him to become a shareholder, and after account of company of infuse of 5 million yuan of money paid for shares, the undesirable employer that was taken very quickly by move.
In August 2010, e Er is much this trade of car of state of blessing of city Dong Sheng district is finite liability company enlarge, younger brother of Zhang Su of effective control person invites Liu Qinghua share, acceptance if the right of administration that Liu Qinghua share can hold the position of company of general manager exercise 5 million yuan, hold the position of company legal representative. On August 16, 2010, liu Qinghua assembles 5 million yuan of money paid for shares account of blessing nation company, become the 2nd large stockholder that Fu Banggong manages. But, after become a shareholder, zhang Su younger brother prevents Liu Qinghua to perform general manager job with all sorts of reason. Continue to bully a person, on August 18, 2010, in Liu Qinghua absent circumstance falls, zhang Su younger brother still is being stolen hold shareholder meeting, the name that meets with partner decides he is blessing nation company to carry out trustee, legal representative. Next, on August 26, 2010, the Er of another company another name for Hubei province that Zhang Su younger brother begins to be effective control person to oneself is much this finite liability company changes job of city Tian Chuan car capital, up to transferred 9 in all on December 31, 2010, 6.87 million yuan. Occupy Liu Qinghua to tell, zhang Su younger brother turns to Tian Chuan company one of reason of the paragraph are to pay rent, specific amount is 5.19 million yuan, and become a shareholder in Liu Qinghua actually before Fu Banggong manages, the office room that Zhang Su younger brother provides with respect to company of affirmatory Tian Chuan uses a year freely. Very fast, liu Qinghua is informed, the relationship of Zhang Su younger brother and Tian Chuan company is close, allow to carry out trustee by him, additional the wife that two partner are him and his little sister, that is to say Zhang Su younger brother is controlling two companies of blessing nation company, Tian Chuan company at the same time. Because Fu Banggong manages to Tian Chuan the company pays a huge sum rent, violated younger brother of the Zhang Su before becoming a shareholder completely one year to avoid the commitment of chummage, so Liu Qinghua thinks 5 million yuan of his money paid for shares is in this plants piece of revive younger brother " left hand pours the the right-hand side " in trading, was cheated, zhang Su younger brother from not be to want to cooperate well at the beginning, rely on to be managed lawfully with deal of honest be as good as one's word, will get rich jointly.
Any enterprises, effective control person, legal representative transfers fund, having congenital advantage and requirement. No matter be opposite the familiar degree of company items of an account and money, still meet to money the lead level of personnel, affirm excel successor. In the company interior can undertake operating, the money that diverts fund is met personnel, affirmative take orders from at effective control person, legal representative, and won't comply with the partner later.
Defalcate. Effective control person, legal representative ignores the interest of other shareholder, direct move capital transfers the new money paid for shares of partner firm infuse especially, the suspicion that has purloin capital and diddle partner money paid for shares completely actually, is the behavior of privately divert capital not merely. About divert capital, law also has specific provision, still must come back money inside 3 months. But, purloin capital and diddle capital, do not want to remand money forever. Picture, these 5 million yuan of money paid for shares that Liu Qinghua becomes a shareholder, after becoming a shareholder 10 days, be turned to him pilot by Zhang Su younger brother on another company Zhang, had gone 8 years to now, still did not remand namely?
Time compares time, if still cannot affirm piece of revive younger brother to be in namely at that time,cheat intentionally, so now criterion irrefutable evidence, real ground proved he persuades a person to become a shareholder, it is the contract bilk of type of a kind of perpetrate a fraud. "Factitious money is dead, the bird dies to feed " , open a company to want to make money, give no cause for more criticism. But, real entrepreneur, become sincere letter life, choose add of good partner succeed to cherish friendship to make money together, and the boss that does not have entrepreneur quality, just see money eye leaves, look only at the moment interest, do not say sincere letter, new busy also move whirls the money paid for shares of the partner that become a shareholder, would rather lose profitable chance of the following more collaboration. Can say, what is such person originally honest businessmen, not be what entrepreneur more.
"It is a basis with the fact, it is criterion with law " , it is the criterion that depends on law state. "Do not treat unjustly a good person, also do not let off a hellion " , it is a word that the judiciary often says. If do not look to go out really a few years ago,be contract dispute or contract bilk, it is to safeguard judicatory fairness justice, so go a few years again to now, cheater does not return money intentionally still, also say to cannot affirm this is contract bilk however, have violate execute the law for civilian requirement, do not safeguard judicatory justice.
