The public prosecution agency stated in the indictment that it was found that tianyuan group, Guangxi Zhongmei, was an enterprise group with the defendant Guangxi Zhongmei Tianyuan Financing Guarantee Group Co., Ltd. (hereinafter referred to as tianyuan group, China Coal) as its core member. The Group conducts business activities in the name of tianyuan group and China, involving finance, energy, medicine, real estate and other fields. The Group effectively controls the business activities of affiliated enterprises through holding, equity participation and business guarantee. In order to realize the interests of the unit, the defendant manipulated a number of loan entities (mostly affiliated enterprises, a few backdoor enterprises) and others to lend to the bank, and directly provided or instructed the loan entities to provide false loan application materials to the bank in the process of applying for loans, in order to gain the trust of the bank and obtain huge loans; In the process of handling business, the defendant unit also paid bribes to bank staff.
Defendant Wu Dong is the actual controller of the Group and its affiliated enterprises; Defendants Zhu Jinhua and Yang Jing are the chief financial officer and office director of the Group respectively, and they are senior managers of the Group; Defendant Wu Hao is the head of the group's northern regional business and the legal representative of Panjin Zhongmei Tianyuan Real Estate Development Co., Ltd.; Defendant Wu Zhou is the head of the southern district of the group; Defendant Wu Shimin is the vice president of Nanning Branch of Liuzhou Bank Co., Ltd.; Defendant Zhang Zuopeng is the nominal legal representative of the affiliated company Guangxi Guihong Bajiao Spice Trading Co., Ltd., but actually an ordinary employee of the group; Defendants Xie Shimin and Cao Meiling are employees of affiliated company Guangxi Zhongle Jiayi Life Supermarket Co., Ltd.; Defendant Huang is an employee of the Group; Defendant Zhou Yunfei was originally the chief of mortgage registration unit of Panshan Land and Resources Bureau of Panjin City, Liaoning Province; Defendant and Huang are the actual controllers and responsible persons of Yulin Branch of Guangxi Mingguan Real Estate Appraisal Co., Ltd. respectively. Among them, the defendants Wu Dong, Zhu Jinhua, Wu Hao, Wu Zhou,,, Huang, Zhang Zuopeng, Cao Meiling, and Huang were charged with the crime of defrauding loans; Defendants Wu Dong and Zhu Jinhua were also suspected of accepting bribes.
1 Crime of defrauding loans
The public prosecution agency accused: from February 2065438 to August 20 14, the defendant forged financial and accounting statements, audit reports, tax payment vouchers, purchase and sale contracts, etc. of related companies in the name of Beihai Xinte Pharmaceutical Co., Ltd. and Nanning Chen Zheng Petrochemical Co., Ltd. under his control, and collaborated with others to produce false land ownership certificates and other land rights certificates. Forged the certificate of ownership of state-owned land and the certificate of other rights of land in Taiping Town, Panshan County, Liaoning Province, forged the above-mentioned land evaluation report of Taiping Town, Panshan County, and inflated the land evaluation value to Liuzhou Bank, Guangxi Beibu Gulf Bank, China Everbright Bank (3.840, -0. 13, -3.27%) Nanning Branch and China Agricultural Bank Yulin Branch respectively. Up to the time of the crime, the above loans have been settled in 267 * * totaling 31200 million yuan, and the outstanding loans in 127 * * totaling1800 million yuan. Defendants Wu Dong, Zhu Jinhua, Yang Jing, Wu Hao, Wu Zhou, Wu Shimin, Zhang Zuopeng, Cao Meiling, Xie Shiming and Huang are directly responsible persons in charge and jointly committed crimes with defendants Huang and Huang. The main evidence to identify the above-mentioned criminal facts includes physical evidence, documentary evidence, witness testimony, defendant's statements and excuses, expert opinions and electronic data.
2 unit accepting bribes
During the period from 2009 to 20 14, the units where the defendants worked were defendants Wu Dong and Zhu Jinhua, who received help from Beibu Gulf Bank and Liuzhou Bank in handling loans, accepting bills of exchange, and acquiring shares, and delivered them to Teng Chong, the former chairman of Beibu Gulf Bank, with a total equivalent of RMB 6,543.8+0.9 million; Give Liu Zhong, the former chairman of Liuzhou Bank, two properties of HK$ 3.5 million, RMB 654.38+million and RMB 9.2 million (attempted); It was given to Ya Tingzhou, the president of Nanning Branch of Liuzhou Bank, RMB290,000, He, the vice president, RMB654,380,000, the vice president, RMB654,380,000 and Liao, the secretary of the board of directors of Liuzhou Bank, RMB654,380,000.
At the end of 20 13, after Li Yaoqing took over as the chairman of Liuzhou Bank, he found that the total amount of tianyuan group's loans between China and the United States was too large, the credit concentration was too high, and the collateral was inflated. Therefore, he demanded that the total amount of loans of this unit be controlled and gradually reduced. In order to continue to borrow money in tianyuan group, China and the United States, one day in early April, 20 14, during the meeting between defendant Wu Dong and Li Yaoqing at "Maojia Hotel" in Yuejin Road, Liuzhou, Wu Dong arranged for defendant Zhu Jinhua to give Li Yaoqing a bag containing 1 10,000 Hong Kong dollars. After Li found out, Liao, secretary of the board of directors of Liuzhou Bank, returned the defendant Wu Dong in the witness of the secretary of the Disciplinary Committee the next day.
The above bribe-taking property * * * totals HK$ 6.52 million, RMB 9 1 10,000, and US$ 1 10,000, and two sets of attempted properties with a value of more than RMB 9.2 million, equivalent to RMB 155 1 10,000.
The public prosecution agency believes that the defendant tianyuan group and the defendants Wu Dong, Zhu Jinhua, Yang Jing, Wu Hao, Wu Zhou, Wu Shimin, Zhang Zuopeng, Xie Shiming and Huang, together with the defendants Huang and Chen Jian, obtained bank loans by deception, causing particularly heavy losses to the bank, and the circumstances were particularly serious. Their behavior has violated the relevant provisions of China's criminal law, and the facts of the crime are clear. Defendants Wu Dong and Zhu Jinhua of Sino-American Tianyuan Guarantee Company, their responsible supervisors and persons directly responsible, gave money and property to state employees in order to seek illegitimate interests. Their actions violated the relevant provisions of China's criminal law, with clear criminal facts and solid and sufficient evidence. Therefore, criminal responsibility should be investigated for accepting bribes. The defendants Wu Dong and Zhu Jinhua of Sino-American Tianyuan Guarantee Company, the responsible person in charge and the person directly responsible all committed several crimes and should be punished for several crimes.
During the trial, except the defendants Wu Dong and Wu Zhou, the other defendants had no objection to the criminal facts alleged in the indictment.
Defendant Wu Dong denied the accusation of defrauding loans. He argued that he was the major shareholder of Liuzhou Bank, signed a bank-enterprise agreement with the bank, and agreed with the bank to "invest one loan for ten" and "deposit one loan for three". The loan did not cause losses to the bank and should not constitute the crime of defrauding the loan. As for the authenticity of the loan application materials provided by their group, the defendant Wu Dong said that it was audited by Liuzhou Bank, and the bank knew whether the materials were fraudulent. Defendant Wu Dong has no objection to the name and amount of the bribery alleged by the unit, but he has objection to some facts of the accusation-that is, all the money he gave to Tengchong was bribes; Except 6,543,800 yuan, all the money paid to Liu Zhong was paid by Liu Zhong. As for the HK$ 6,543,800,000 given to Li Yaoqing, since the other party has already returned it, Li Yaoqing does not constitute the crime of accepting bribes, nor should this amount constitute the crime of bribery. As for the property given to other middle-level cadres of Liuzhou Bank, the defendant Wu Dong believes that it is the "hard work fee" for employees to speed up business processing and work overtime as a major shareholder of the bank. As for whether or not to take bribes, he said it was up to the court to decide.
Wu Zhou, another defendant, argued that he was not the head of the business in tianyuan group Southern District of China and the United States, and he refused to accept the charge of fraudulent loans. First, the bank did not lose money, and second, the circumstances were not particularly serious.
On the same day 12: 00, the court announced an adjournment and continued the trial in the afternoon.
Understand the Tianyuan incident between China and the United States
If it weren't for a bloody case, the Wu Dong family's continuous loan fraud and loan fraud may not stop until now.
1 The murder took place on 14 May 10, a Saturday afternoon. On Shuguang East Road, Chengzhong District, Liuzhou City, Li Yaoqing, the chairman of Liuzhou Bank, who is going to exercise, went to the shoe repair booth outside the community to repair shoes and returned to the community with the driver.
At this time, a young man stepped down from a Chevrolet car outside the gate of the community, quickly pulled out a 20-cm-long kitchen knife inserted in the back and cut it at Li Yaoqing. Three knives down to see the bones. A woman who witnessed the tragedy was shocked on the spot.
The long knife wound on Li Yaoqing's back is shocking.
After the incident, Li Yaoqing's driver quickly lifted him into the car and rushed to the nearest hospital for treatment. According to the medical records, Li Yaoqing bled a total of 3,500 ml and almost died. Li Yaoqing's injury was later identified as serious injury level 2.
The police later discovered that this is a post-90s youth named Wu Bin from Liutian Village, Maowang Town, Bobai, Guangxi. After cutting the man, Wu Bin ran away quickly and got into the Chevrolet parked nearby. Wu Shihua, a 30-year-old fellow villager, quickly drove the car on the highway. After many twists and turns, the two came to Luchuan County, Yulin to hide.
2
May 1 1, at 22 o'clock in the evening of 2065438, the police arrested three suspects in Luchuan County, Yulin City, and nine others involved in the case were also arrested. After investigation, among the 12 suspects involved in the "Li Yaoqing attack", three are the sons of Wu Dong, namely, the eldest son Wu Zhou, the third son Wu Hao and the fourth son Wu Shizhong.
three
On September 27th, 20 16, Liuzhou chengzhong district court sentenced Wu Hao and Wu Shizhong to five years and six months' imprisonment, Wu Shihua to five years' imprisonment and Wu Bin to four years and six months' imprisonment for intentional injury. Wu Zhou and other six people were sentenced to two years' imprisonment for harboring crimes, with terms ranging from 10 to 2 years and 2 months.
four
From 20 17 65438+ 10/0/8 to 19, the Intermediate People's Court of Liuzhou City, Guangxi Zhuang Autonomous Region held a public hearing on the case of 13 defendants Wu Dong, Wu Hao and Wu Zhou suspected of committing the crime of defrauding loans. Liuzhou People's Procuratorate sent personnel to appear in court to support the public prosecution, and relevant injured units and defenders attended the proceedings.