The court found that from 1988 to 65438+February, Chen Kunzhi worked as a policeman in Yangjiaping Police Station of Jiulongpo Branch of Chongqing Public Security Bureau and Shimen Police Station of Jiangbei Branch, and submitted his resignation to the public security organ from 1995 to February. Since 2004, Chongqing Wanguan Financial Consulting Co., Ltd., Chongqing Lixin Investment Co., Ltd. and other high-interest lending companies have been established with * * * *, and together with Chongqing Guo Heng Investment Co., Ltd. and other economic means, they have wooed and rallied Ye, Ye, Ye and others, mainly targeting at the real estate industry in this city, and engaged in illegal and criminal activities such as usury for a long time.
Under the organization and command of Chen Kunzhi, members have a clear division of labor: Yang Yun, Jiang Xiaofeng and others provide and lend; Dai Kewei, Xiong Yongchun and Tang Hong contacted the lending business; Ye, Qian Yuankang and others apply for loans; Taxes can help sign loan contracts and after loans. In order to ensure the recovery of the principal and interest of the loan, Ye, Qian Yuankang and others have repeatedly used violence and threats such as illegal detention, compulsory creditor's rights and seizure of equity to recover the debt from the borrower. In addition, Ye, Hou Jie and others also wooed Xie Gang, a staff member of state organs, to seek illegal protection by means of asking for help, inducements and bribes, and gradually formed an underworld organization with Ye, Jiang Xiaofeng as active participants and Lee Hung and Dai Kewei as general participants. In order to gain illegal economic benefits, the organization engaged in illegal business, illegal detention, high-interest lending, bribery, compulsory creditor's rights, seizure of equity, manipulation of agents of both parties, collusion in land auction and other illegal and criminal activities, seriously disrupting the financial order, endangering financial security, seriously disrupting the normal operation of the city's real estate industry and seriously undermining the order of economic and social life.
It was also found out that Xie Gang, as a staff member of state organs, condoned criminal activities organized by underworld organizations; Taking advantage of his position, he seeks illegitimate interests for others, extorts 2.6 million yuan from others' property and illegally accepts 300,000 yuan from others; In order to seek illegitimate interests, the state functionaries were given property of RMB 270,000, and the circumstances were serious. As a staff member of state organs, Nie Kui violated the regulations on gun control and illegally held 3 1 round of military bullets.
The court held that Chen Kunzhi's organization and leadership of underworld organizations and organized illegal and criminal activities have constituted the crime of organizing and leading underworld organizations; Opening a casino for profit, instigating others to retaliate, deliberately depriving others of their lives illegally, resulting in one death, which constitutes the crime of intentional homicide and gambling; In violation of national financial management laws and regulations, 487.2 million yuan of usury was issued, and the illegal profit was 65.438+24.04 million yuan, which disturbed the financial order and market order, and the circumstances were particularly serious. His behavior constitutes the crime of illegal business operation, which plays the role of organization and command and is the principal offender; For the purpose of lending, he took credit funds from financial institutions and lent them to others at a high interest rate of 2,665,438+10,000 yuan. The illegal income was18.52 million yuan, which was huge. His behavior constitutes the crime of usury, which plays a major role and is the principal offender; In order to seek illegitimate interests, he gave state functionaries more than 980,000 yuan in property, and the circumstances were serious, which constituted the crime of accepting bribes; In order to obtain usurious debts, he illegally detained others for three times, which constituted the crime of illegal detention; If Chen Kunzhi commits several crimes, he should be punished for several crimes and punished according to law. Chongqing No.3 Intermediate People's Court made the above judgment according to law on the basis of comprehensive consideration of the specific criminal facts and sentencing circumstances of each defendant.
Xie Gang, the defendant who sheltered "gang-related" personnel, was sentenced to 20 years' imprisonment, and the remaining 16 defendants were sentenced to 15.5 to 8 months' imprisonment respectively. After the verdict was pronounced, three defendants, including Chen Kunzhi and Jiang Xiaofeng 13, said in court that they would appeal, while five defendants, including Mei Jia and Nie Kui, said that they would consider whether to appeal.