What is the event of robbing the mine gate?

On June 5438,2002+February 65438,2002+August, Cen, the owner of Zhongshan No.6 Mine (later renamed Fuan Coal Mine), was tricked into signing the Partnership Share Contract by Zhang and Huang. According to the contract, 49% of the shares in the mine were transferred to Juck Zhang and Hutchison at a price of 750,000 yuan. At the same time, the two sides agreed that Zhang and Huang were solely responsible for the operation and management of the mine. At that time, according to the requirement of "enterprise name cannot be numbered" by the Industrial and Commercial Bureau, it was planned to rename Zhongshan No.6 Mine. Therefore, Zhang and Huang took the opportunity to change the name of the mine and began to implement their premeditated embezzlement plan. (Step 1) They first forged a transfer agreement dated June 5438+1 October 20021(written two years earlier), and fabricated it out of thin air: "Party A (Cen) voluntarily transferred all assets of Zhongshan No.6 Mine, including management rights, mining rights and equipment, to Party B (Cen's fifth brother), and both parties agreed on the transfer amount. At the same time, while Cen and Cen Jian were away on business, they tricked Cen's girlfriend Jia Yi into signing Cen's name in the signature column of Party A on the grounds of emergency. Cen Xingge, another brother who tricked Cen Wangxing, signed Cen Jian's name in the signature column of Party B.. (Step 2) Then forged a copy of the partnership agreement of Weixin Coal Mine (to be renamed). The agreement is divided according to the total amount of existing property: 342,500 yuan, which is subject to the capital verification report of the mine. Therefore, Article 8 of the Agreement stipulates: "The investment methods and amounts of partners are as follows: 42,500 yuan contributed by Cen Jian, 200,000 yuan contributed by Juck Zhang and 654.38+million yuan contributed by Huang, all of which are in kind." From this, the original contribution ratio of Zhang, Huang and Cenjian in the mine was re-determined. In the signature column of the partners in this agreement, Zhang and Huang stamped Cenjian's personal seal without authorization and copied Cenjian's signature. Submit it to the Provincial Administration for Industry and Commerce together with other materials forged by Cenjian, namely, Application for Enterprise Establishment Registration, Power of Attorney for Enterprise Application Registration and Power of Attorney for Entrusted Agent. Blinded by Zhang and Huang, the bureau issued the Business License of Partnership for Weixin Coal Mine (later renamed Fuan Coal Mine) in Zhongshan District of Liupanshui City. Because Juck Zhang contributed the most, the partner who carried out the partnership business was registered as Juck Zhang.

At this time, according to the proportion of capital contribution re-determined in the partnership agreement of Weixin Coal Mine and registered in the industrial and commercial registration, the corresponding share proportion of Cenjian is: 42,500 yuan ÷ 342,500 yuan = 12.4%. (Step 3) Finally, Zhang and Huang published a notice in Liupanshui Evening News in the name of Weixin Coal Mine. The notice said: "Cen Jian failed to fulfill his investment obligations in Weixin Coal Mine, and with the consent of the partners, he decided to remove his name and cancel his equity in Weixin Coal Mine 12.4%." At this point, all the coal mines were occupied by Zhang and Huang.

Cen signed the Partnership Share Contract with Zhang and Huang, and transferred 49% of the shares of the coal mine to Zhang and Huang at the market price of 750,000 yuan agreed by both parties. And Zhang and Huang handed over this 750,000 yuan to Cen, without paying a cent. However, Zhang and Huang unilaterally re-determined the original capital contribution based on the actual property value of the mine's assets, but did not spend a penny, but legally acquired 87.6% of the shares of the mine. The market price of equity transfer is 750,000 yuan and the actual property value of the enterprise; The transferee's 49% equity and the original equity are completely different concepts, which were stolen by Juck Zhang and Huang! Replacing flowers with trees embezzled other people's shares. This is the core behavior of Juck Zhang and Huang's crime of fraud (embezzlement)!

And Zhang and Huang announced the cancellation of Cenjiansuo 12.4% equity in the form of a notice, which is even more an act of taking advantage of the fish in troubled waters!

In a word: Cen only transferred 49% of the shares in the coal mine to Zhang and Huang at a price of 750,000 yuan. However, Zhang and Huang obtained all the shares in the coal mine through various means. This is the ironclad fact of this case!

Zhang and Huang not only used the means of forging other people's signatures and forged industrial and commercial registration documents here; It also adopts the means of stealing concepts, replacing trees with flowers and looting.

However, in the past eight years, Cen has filed criminal charges against Zhang and Huang with Liupanshui public security organs in writing for more than ten times, but failed to file a case. The investigation team set up by Liupanshui Municipal Committee repeatedly reported to the superior that all the shares in the coal mine were transferred to Zhang and Huang and signed by Cen. They deliberately entangled in this, confusing the signature on the transfer agreement that had nothing to do with Zhang and Huang's acquisition of equity with the Weixin Coal Mine Partnership Agreement that Zhang and Huang subsequently sealed up the equity and forged the signature registration, thus deceiving the organization and confusing the audience. The purpose is to excuse criminals!

In fact, no matter whether the signatures on these legal documents are forged or countersigned, the criminal facts of Zhang and Huang cannot be denied. Because, in these fake documents, besides CenJian's fake (countersigned) name, there is also Zhang Hehong's autograph! This proves that they are not only insiders, but also directly involved in the production of fake documents. The property of others obtained by these fake documents belongs to Juck Zhang and Huang, and no one else. Subsequently, they rightfully controlled and occupied the whole coal mine. This can be completely determined that they have constituted the crime of fraud (or the crime of embezzlement) according to law. You can ask someone to do it for you. It is not the boundary between crime and non-crime that cannot be forged in person. Whether it constitutes the essence of a crime depends on whether it uses false contracts, documents and certification materials to illegally obtain other people's property.

However, Zhang and Huang's criminal acts have not been investigated for a long time, but they have been at large for a long time, occupying coal mines for a long time and making huge profits. Needless to say, it has an umbrella on its head. The power of Liupanshui local official coal collusion group can also be seen.