Luo Jianxin, 54, is a Hong Kong businessman with a net worth of over 100 million yuan. He was once a member of Dongguan CPPCC. He was taken into the detention center for "suspected contract fraud". Two months later, after relatives paid more than 20 million yuan, he was released on bail pending trial. In June 5438+10, Guangdong Higher People's Court finally acquitted him. Yesterday, the reporter learned that Luo Jianxin has applied to the relevant authorities for state compensation, and the organ liable for compensation is the Guangzhou Procuratorate, with a total claim of more than 22 million yuan.
I was suddenly arrested when I went back to Hong Kong on business.
In April of 20001year, China Electronic Import and Export South China Company (hereinafter referred to as South China Company) and Guangzhou Machinery and Equipment Import and Export Company (hereinafter referred to as Machinery Company) reported the case to Guangdong Provincial Public Security Bureau; On June 5438+ 10, 2002, it was reported to Guangzhou Public Security Bureau that in the trade with Zhongchang Industrial Co., Ltd. (hereinafter referred to as Zhongchang Company), Zhongchang Company issued a 158 blank check for fraud.
In March 2003, the Economic Crime Investigation Detachment of Guangzhou Public Security Bureau conducted border control on Luo Jianxin. On April 7, 2003, when Luo Jianxin, the chairman of Zhongchang Company with a net worth of over 100 million yuan, was preparing to go back to Hong Kong to do business as usual, the police suddenly produced an arrest warrant and took him away on the grounds of suspected contract fraud of more than 20 million yuan.
Then he was taken to the detention center and stayed there for 57 days. Luo Jianxin was released on bail pending trial after his daughter paid 201.2 million yuan to the police. "The detention center wrote' Luo Jianxin above' on the stub of 20 million yuan." Luo Jianxin recalled.
Accused of defaulting on payment involving contract fraud
In August 2007, the Guangzhou Procuratorate filed a public prosecution, accusing Luo Jianxin of contract fraud.
The procuratorate believes that Zhongchang Company and Luo Jianxin defrauded the property of the two companies by partially performing the contract during the transaction with South China Company and Machinery Company, and then destroyed the account books by changing the company name and filing for bankruptcy, concealing the whereabouts of the goods and evading the return of the payment, which is suspected of contract fraud.
Guangzhou Intermediate People's Court found through trial that Luo Jianxin was born in Dongguan, a Hong Kong resident, and was originally the chairman of Zhongchang Industrial Co., Ltd. (hereinafter referred to as Zhongchang Company).
Since 1992, Zhongchang Company has done business with South China Company and Machinery Company respectively. The two companies provide light bulbs, ceiling fans, electric irons, electric fans, batteries and other goods to Zhongchang Company, and Zhongchang Company pays the payment to the two companies. Later, due to the backlog of goods and insufficient capital turnover of Zhongchang Company, Zhongchang Company owed the above two companies more than 20 million yuan in payment. Subsequently, South China Company and Machinery Company filed lawsuits in Guangzhou Intermediate People's Court and Hong Kong High Court respectively, and both courts ruled that Zhongchang Company paid the arrears. South China company and machinery company applied to the court for compulsory execution, but the court found that Zhongchang company had no property to execute, so the case was suspended.
After the court suspended execution, 1999, the former Zhongchang Company, which had been renamed as Tian Jian Company, filed for bankruptcy, and listed South China Company and Machinery Company as creditors in relevant documents. 200 1, Tian Jian Company went bankrupt.
On September 8, 2008, Guangzhou Intermediate People's Court held in the first instance that Luo Jianxin was accused of contract fraud with insufficient evidence, and the charges could not be established. Luo Jianxin was acquitted. On September 19, 2008, Guangzhou Procuratorate lodged a protest, arguing that Zhongchang Company and Luo Jianxin defrauded the property of the injured unit by partially performing the contract while knowing that they were unable to perform the contract. Failing to fulfill the sincerity of payment, evading the return of payment, and having the intention of illegally occupying the money and materials involved.
It was a normal trade risk and was finally acquitted.
On the morning of June 25th this year, Luo Jianxin received a criminal ruling from the Guangdong Provincial High Court. "After investigation, due to objective reasons such as the Gulf War, product quality, and customers in the Middle East defaulting on payment for goods, Zhongchang Company was unable to pay the payment for goods in the later period of bilateral trade. Judging from years of trade performance, Zhongchang has actually fulfilled most of its obligations to South China and machinery companies. Among them, the accumulated trade amount between Zhongchang Company and Guangdong Machinery and Equipment Import and Export Group Company from 1986 to 1992 is about 600 million yuan, and Zhongchang has never underpaid, delayed or refused to pay for the goods. It is a normal trade risk to be unable to pay the payment in the later period, and the payment dispute has entered the implementation stage of relevant civil judgments and arbitration. "
The Guangdong Higher People's Court also held that Tian Jian Company (i.e. Zhongchang Company) applied for bankruptcy, and Luo Jianxin had verbally informed South China Company and Machinery Company that it could not be concluded that Zhongchang Company and Luo Jianxin had achieved the purpose of evading the return of funds, destroying accounting records and concealing the whereabouts of goods by bankruptcy.
Finally, the Guangdong Higher People's Court found that Luo Jianxin was guilty of contract fraud and could not be established.
In addition, the Guangdong Higher People's Court held that the 2 1.2 million yuan paid by Luo Jianxin's relatives to the public security organs was raised by Luo Jianxin's relatives, and there was no evidence to prove that the money came from Zhongchang Company, Tian Jian Company or was related to Zhongchang Company and Tian Jian Company, so it was reasonable not to confiscate it or use it to pay off debts.
make a claim
The margin interest will exceed 9.4 million.
The reporter learned yesterday that Mr. Luo has filed a state compensation. The organ liable for compensation is the Guangzhou Municipal Procuratorate. In the application, he put forward four requirements:
1.He was arrested on April 7, 2003 and released on bail on June 2, 2003. He was wrongfully detained for 57 days, and requested to pay compensation during this period, about 125 yuan per day, or 7 149.5438+0 yuan.
2. During the detention period, the daughter paid 210.2 million "security deposit" to the public security organ, and was illegally detained, claiming interest losses of more than 9.4 million.
3. This year1October 25th, 65438, the pre-trial supervision detachment of Guangzhou Public Security Bureau returned 1070000 yuan, resulting in property losses 1050000 yuan.
I have long-term severe insomnia, and I need to rely on drugs and psychotherapy to maintain my health. I've offered mental damage compensation 2 million.
gathering
"I have never been so humiliated in my life."
Luo Jianxin said in an interview with reporters, "For eight years, I have been wearing the label of' fraudster', which has a great influence. Not only does the bank dare to give me a loan, but I can't find anyone to cooperate in my business. Even before signing the contract, the other party broke the contract one after another, and all the projects under construction had to stop working, so that I not only had to pay taxes by selling land at low prices, but also used land to pay off debts and tide over the difficulties of enterprises. During the 59 days spent in the detention center, he even went to wash the toilet as a "newcomer" and used a toothbrush to brush the toilet once in the morning and evening. You know that I am over 50 years old, and I have never been so humiliated in my life! "