A few days ago, net of Chinese judge copy clerk announced contract bilk proposal one case.
In 5 years of time after francium of thunder of former president of subbranch of a bank of road of north of source of sea of Kunming of bank of rich another name for Yunnan Province begins from November 2011, save adolescent to develop foundation, Kunming to teach commonweal career to promote 5 units such as the meeting to sign fund of high specified number of false contract diddle with Yunnan education foundation, Yunnan respectively, cause afore-mentioned company losses aggregate make an appointment with a RMB fifty-eight million two hundred and fifty-five thousand eight hundred.
After first instance, lei Fang puts forward to appeal, think oneself behavior should be not maintained for contract crime of fraud, its behavior is not accorded with " it is a purpose with detinue " , but 2 careful still keep the court original judgement, sentence a set term of imprisonment 13 years.
Former president causes a loss to 5 units 58 million
Came in November 2011 during January 2016, in the course that Lei Fang is teaching foundation, Yunnan to save adolescent to develop foundation, Kunming to teach commonweal career to promote meeting, Yunnan to save current guild, Yunnan to save 5 units such as agricultural machinery head office to sign a contract with Yunnan, dummy fact, hide the fact, subtenancy of the usury after afore-mentioned 5 units capital gives diddle Yunnan show limited company of group of Gong Dehua industry, search pasture with individual name investment 3 seas were met in March project of temple ecstasy tower, cause 5 units loss to add up to RMB fifty-eight million two hundred and fifty-five thousand eight hundred yuan.
First trial court sentences Lei Fang set term of imprisonment 13 years with contract crime of fraud, punish gold 500 thousand yuan.
After adjudging, lei Fang puts forward to appeal to this, she expresses:
The first, she deals with the leader incite sb to do sth that the conduct financial transactions of 3 foundation is foundation for you, financial personnel also is known perfectly well, principal and interest of before a few years arrives as scheduled account, by fulfill about, did not cash for the last time only;
The 2nd, repaid captital with interest before the economy that saves current guild two times;
The 3rd, the capital of agriculture machinery company is nonexistent deceit, had signed 5 contracts in all, before 4 contracts already were fulfilled, by remanded about principal and interest, the last loan was not returned, cannot maintain for bilk. In the meantime, lei Fang already returned 300 thousand yuan in investigation process, should regard pay compensation for what one has unlawfully taken as illicit money.
Be worth what carry is, lei Fang's paraclete puts forward, lei Fang's behavior should be not maintained for contract crime of fraud, its behavior is not accorded with " it is with detinue purpose " . "A few units are to know perfectly well have economy, the principal and interest of the contract is pressed a few years afore fulfilled about, only the last loan fails to remand, and relevant capital did not enter account of thunder francium individual, enter group of heart China industry directly however, the capital that be murdered unit did not call in should be not maintained for bilk amount, lei Fang not detinue. " its paraclete expresses.
Cause loss amount tremendous, the court maintains original judgement
The court still maintained original judgement finally.
During 2 careful, yunnan of the injured party saves agricultural machinery head office to put forward, this case first instance omits subbranch of a bank of road of north of source of of great capacity of bank of rich another name for Yunnan Province of guilty main body, bilk of contract of existence of francium of thunder of the accused person, draw deposit not enter an item in an account, break the law extend the behavior counting a blame of loan, court of first instance did not make a thorough investigation of in the round case fact, did not investigate judicatory survey report in the round lawfully close compasses, lawful, request 2 careful court to weigh careful case, the action counting a blame that investigates francium of the accused thunder correctly and bank violate the crime that manage and civil duty.
Yunnan of the injured party teachs foundation to put forward, yunnan teachs foundation and subbranch of a bank of road of sea source north to began to sign a contract 2011, and before 5 contracts are paid already capital and accrual, was 2014 those who sign is final two contracts did not put in gold of repayment of capital and accrual 's charge to add up to 27.5 million yuan, because this thunder francium is subjective,go up the purpose that does not have detinue foundation capital, lei Fang's behavior is accorded with draw client fund not of blame of enter an item in an account make important document.
The court thinks finally, lei Fang uses him to hold the position of the post of president of subbranch of a bank of road of north of source of sea of Kunming of bank of rich another name for Yunnan Province to facilitate, risk with bank name, sign a contract with the injured party, capital of diddle the injured party, bring about loss RMB 58255822 yuan fail to remand, amount is particularly huge, lei Fang's behavior already offended our country criminal law, constitute contract crime of fraud, answer to penalize lawfully.
Via checking, thunder francium department embezzles unit name and be murdered unit sign loan contract, use experience case borrow or lend money at investing De Hua group to earn interest of high specified number, the interest of high specified number that gets was to enter Lei Fang the personal account such as actual pilot Chen Mou, Jiang Mou, He Mou, Wu Xingping, bring about capital finally to fail to call in, because this case holds the fact of crime of fraud of thunder francium contract,belong to solid, the opinion of its appeal reason and paraclete cannot hold water.
According to " procedural law of criminal of People's Republic of China " the 225th the first (one) regulation, the ruling is as follows: Reject appeal, maintain original judgement.
The data shows, lei Fang, female, was born on June 19, 1968, yunnan saves person of jade brook city, the Han nationality, university culture, former president of subbranch of a bank of road of north of source of sea of Kunming of Inc. of bank of rich another name for Yunnan Province, yunnan of census register seat visits 5 China areas of Kunming city. Because this case was arrested on June 26, 2016. Detain now detention house of Yu Kunming town.
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