Mou Qizhong sent himself to prison, and the business tycoon was suspected of letter of credit fraud.
Mou Qizhong is out of prison. For many young people, this is undoubtedly an extremely unfamiliar name. Who is in Mou Qizhong? He started in 311 yuan and became the "richest man" in China. In 1999, he was imprisoned on suspicion of letter of credit fraud, and the outside world also named him "the first fraud". His story cannot be finished in one or two sentences.
Mou Qizhong, former chairman of Nande Group, was born in Wanzhou, Chongqing in 1941. A controversial figure who once shouldered the titles of "the richest man" and "the first swindler" in China.
Mou Qizhong, the first generation of private entrepreneurs in China, is best known to the outside world for three things that have been regarded as commercial miracles so far: canning for airplanes, launching satellites, and trying to develop Manzhouli.
in p>1981, Mou Qizhong resigned from public office and borrowed money from 311 yuan to set up the first private joint-stock enterprise after the reform and opening up-Sino-German Store, which started from this, and finally settled the company in Beijing.
in p>1991, after deeply studying the economic triangle between China, the United States and Russia, Mou Qizhong exchanged four Tu -154M passenger planes from Russia with more than 811 wagons of daily necessities, light industrial products and mechanical equipment from more than 311 factories in China. Then he resold the plane, and he claimed to have earned 81 million to 111 million yuan from this "reselling". It is said that this transaction also became the largest barter trade in the history of Sino-Russian folk trade at that time.
this legendary trade of "cans for airplanes" made Mou Qizhong famous. However, since then, Mou Qizhong has fully demonstrated his "madman" nature, throwing out a staggering investment plan. These include the famous development of Manchuria and the launch of Russian satellites.
In p>1995, Voyage 2 satellite invested by Nande Group was successfully launched at Baikonur launch site in Russia.
In p>1996, the Nande Group, the International Satellite Organization and the Russian Aerospace Information Corporation signed an agreement to operate satellites Voyage 1 and Voyage 2. However, in 1996, Nande Group transferred its equity in Hangxing Satellite to the International Satellite Organization.
in September, 1997, Mou Qizhong proposed to develop Manzhouli with an "exclusive investment" of RMB 11 billion to build "Hong Kong in the North", but in the end, the actual investment of Nande Company in Manzhouli was less than RMB 11 billion.
Other "crazy" project ideas in Mou Qizhong include:
In June, 1993, Mou Qizhong held a press conference in Chongqing, saying that Nande Group would cooperate with Chongqing University to transform Chongqing Shancheng Hot Pot, with an annual sales income of RMB 11 billion within five years;
In September, 1997, Mou Qizhong also said that Nande Group was working on a large-scale integrated circuit project, claiming that it planned to produce chips with an operation speed of 1 billion to 11 billion times within 6 to 8 months.
He also thought about emigrating China people to Africa in large numbers, and even wanted to blow a big hole in the Himalayas so that warm winds could bring rain to benefit the people ...
However, his ideas can only stay on paper. Wu Xiaobo, a well-known financial writer, believes that after Mou Qizhong completed the trade of "cans for airplanes", "it has never done a business seriously."
Despite his madness, Mou Qizhong built his "Nande Empire" by himself: In February, 1995, Forbes listed Mou as the fourth richest man in Chinese mainland in 2194; It has more than 21 enterprises and seven research institutes at home and abroad, with total assets of 2 billion and net assets of 911 million in 1994. Among them, Mou Qizhong's personal wealth exceeds 2 billion yuan.
During his 76-year career in Mou Qizhong, he was imprisoned three times and released three times, and spent 23 years in prison.
in the 1991s, Mou Qizhong exchanged light industrial products with 1111 wagons for four Tu154 aircraft from Russia, which became an important foundation for the development of Sichuan aviation at that time.
On October 7th, 1999, Mou Qizhong was arrested on his way to work, and was taken to Wuhan No.2 Detention Center the next day. Later, he was sentenced to life imprisonment in 2111 because of the "letter of credit fraud case" of Nande Group. Later, he was sentenced to several commutes because of his good behavior in prison.
On September 27th, 2116, Mou Qizhong walked out of Hongshan Prison in Hubei Province, where he had served his sentence for 16 years, nearly 18 years before he lost his personal freedom.
In August and September last year, when Xia Zongwei visited Mou Qizhong, Mou Qizhong once said to Xia Zongwei, "Next year (2116) the experiment in South Germany will enter a brand-new stage." Mou Qizhong once said to Xia Zongwei, "After I go out, I will rebuild a commercial system within ten years. No matter how well the theory is written, it still needs to be tested by practice. Unlike those economists and theorists, I have discovered a set of theories myself, and I can prove it myself. "
On August 8-9, 1997, the plaintiff was Hubei Branch of Bank of China, and the defendant was Hubei Light Industry, Guiyang Bank of Communications and Nande Group in turn. The case concerning the letter of credit advances and guarantee disputes was heard in public in Hubei Higher People's Court.
In June, 1998, Nande Group received a civil ruling made by the Higher People's Court of Hubei Province on March 23, 1998, which stated: In the course of hearing the case, it was found that the relevant personnel in the case were suspected of committing a crime, and the relevant departments had filed a case for investigation, so it ruled: "Stop the lawsuit".
On October 7, 1999, Mou Qizhong and Xia Zongwei were criminally detained on the streets of Beijing by plain clothes claiming to be Wuhan police, and the column of charges on the detention permit was blank; On the same day, the headquarters of Nande Group was sealed up and its employees were dismissed. On February 5th of the same year, Mou Qizhong and Xia Zongwei were arrested with the approval of Wuhan Municipal People's Procuratorate on suspicion of letter of credit fraud, and were executed by Wuhan Municipal Public Security Bureau on February 8th of the same year.
On October 1, 1999, the fraud cases of L/C by Nande Group and Mou Qizhong were held in public in the Grand Trial Chamber of Wuhan Intermediate People's Court.
On May 31, 2111, Wuhan Intermediate People's Court convicted Nande Group and Mou Qizhong of letter of credit fraud, sentenced Mou Qizhong to life imprisonment and deprived of political rights for life; Xia Zongwei was also found guilty and exempted from criminal punishment.
On May 31, 2111, Hubei Branch of Bank of China publicly stated in Changjiang Daily that as a "victim" who lost nearly 311 million yuan in the L/C fraud case of Nande Group, Hubei Branch of Bank of China was unwilling to comment on the trial result. A person concerned of the bank said that the criminal trial has nothing to do with BOC, and Hubei BOC said that after the case is concluded, the civil lawsuit will continue according to law.
On June 5, 2111, Nande Group, Mou Qizhong and Xia Zongwei refused to accept the judgment and appealed. At the same time, Mou Qizhong formally sent a letter to the Wuhan Intermediate People's Court. In order to be responsible for the society, the fines imposed by the court and the employees of Nande, he decided to authorize the establishment of the board of directors of Nande Group to preside over the comprehensive liquidation of creditor's rights and debts of Nande Group and carry out relevant litigation work. The board of directors of Nande Group is composed of comrades in the past leadership of Nande Group who are still willing to continue their work. The list is: Xia Zongwei, Wang Mingquan, Liu Jianhe, Zheng Pingchuan and Mou Feng. The Council elected Xia Zongwei as the executive director.
On August 22nd, 2111, the Higher People's Court of Hubei Province issued a public verdict and made a final judgment: the appeal was dismissed and the original judgment was upheld.
On September 1, 2111, Mou Qizhong was transferred from Wuhan No.2 Detention Center to Hongshan Prison in Hubei Province and began to serve his sentence.
on October 27-31, 2111, the civil case concerning the letter of credit advances and guarantee disputes with Hubei Branch of Bank of China as plaintiff and Hubei Light Industry, Guiyang Bank of Communications and Nande Group as defendants in turn was resumed by Suizhou Intermediate People's Court of Hubei Province.
On October 23, 2112, Suizhou Intermediate People's Court made a first-instance judgment according to law: all the money paid by Bank of China Hubei Branch and the additional interest were repaid by Hubei Light Industry, and Guiyang Bank of Communications was jointly and severally liable for repayment; Nande Group has no direct legal relationship with Bank of China Hubei Branch, and Nande Group is not the debtor of the creditor's rights under the letter of credit. It is concluded that the sub-agency import agreement of the L/C between Nande Group and Hubei Light Industry did not exist when Hubei Light Industry applied to open the L/C, but was signed by Nande Group at the end of September of the same year at the request of Hubei Light Industry in order to avoid punishment when Wuhan Public Security Bureau conducted an investigation on the fraudulent opening of L/C arbitrage in August, 1996. On February 5, 2112, Guiyang Bank of Communications refused to accept the judgment and appealed.
On May 27th and 28th, 2112, Hubei Higher People's Court held another public hearing to hear this civil case.
On July 2nd, 2112, Hubei Higher People's Court made a final judgment according to law: dismissed the appeal and upheld the original judgment.
Guiyang Bank of Communications refused to accept the judgment and lodged a complaint with the Supreme People's Court again.
On February 5, 2112, Hubei Gaofa delivered four other rulings to Nande Group, stating that "because the case related to this case has been retried according to law, this case must be based on the trial results of such cases. Therefore, the lawsuit was suspended in this case according to law. "
On February 8, 2113, Nande Group received a civil ruling made by the Supreme People's Court on October 29, 2112, which ruled that: 1. The Higher People's Court of Hubei Province was instructed to form a collegiate bench for retrial; Two, during the retrial, suspend the execution of the civil judgment of Hubei Higher People's Court.
On March 9, 2113, Nande Group, Mou Qizhong and Xia Zongwei formally submitted a criminal complaint and the accompanying evidence of * * * reaching 125 pages to the Hubei Higher People's Court and the Supreme People's Court, in order to seek a retrial of the letter of credit fraud case according to law and restore the truth of the incident.
On February 11, 2114, the board of directors of Nande Group received a telephone notice from the second trial and supervision court of Hubei Higher People's Court, and officially started the retrial procedure of civil cases related to Nande.
On March 9, 2114, Xia Zongwei, the agent of Nande Group, officially received a summons for the trial of civil retrial. The summons informed that the case involving L/C advances and guarantee disputes of Nande Group was scheduled to be heard in public in the new trial building of Hubei Higher People's Court from March 31 to April 2, 2114.
On March 26th, 2114, Xia Zongwei, the agent, received a special telephone notice from Hubei Gaofa: "Adjournment"; On March 29th, the written Notice of Adjournment was formally received.
On October 1, 2116, the Provisions of the Supreme People's Court on Several Issues Concerning the Trial of Letter of Credit Disputes (Fa Shi No.211513) was officially promulgated and implemented.
On July 6th, 2111, the Third Court of Hubei High Court of Justice informed the agent Xia Zongwei by telephone that it was going to resume the civil retrial, and said that the court session would be held in September.
On 11/11/2111, when Xia Zongwei asked about the specific court session time, Hubei Gaofa replied by telephone: The court session will be postponed until the leadership of the court changes and the new president takes office.
Four years later, on March 25th, 2115, Xia Zongwei, the agent, was informed to resume the trial, and received a formal summons for resuming civil retrial issued by Hubei Gaofa on March 28th, 2115.
on April 6, 2115, I was informed that I had received the Notice of Adjournment.
This is the fourth extension since the trial started on August 8th, 1998.
On July 31th, 2115, Mou Qizhong once again entrusted a lawyer to formally submit a written criminal complaint to Hubei Gaofa.
On August 21, 2115, Xia Zongwei, the agent, received a notice from Hubei Gaofa about resuming the retrial session again, and on August 24, he received a summons for the trial session and a notice of the pre-trial meeting in Hubei Gaofa.
On September 4th and 5th, 2115, the collegial panel of Hubei High Court held a two-day pre-trial meeting.
On September 22, 2115, the Hubei High Court of Justice held a retrial on the case that the plaintiff of Guiyang Bank of Communications was Hubei Branch of Bank of China and the defendant was Hubei Light Industry, Guiyang Bank of Communications and Nande Group.
On May 26th, 2116, Xia Zongwei, the agent, was informed that the retrial judgment had been reached.
On May 31, 2116, Xia Zongwei, the agent, received the final judgment of civil retrial from Hubei Gaofa Court. The final judgment ruled that Nande Group was not a party to the letter of credit case of Hubei Bank of China, and had no direct legal relationship with the letter of credit. The letter of credit advance of Hubei Bank of China was repaid by Hubei Light Industry, and Guizhou Bank of Communications was jointly and severally liable for repayment. The final judgment found that the judgments of the first and second instance in 2111 and 2112 were correct. In the final ruling, the main facts ascertained in the retrial are consistent with those ascertained in the first and second trials.
The final ruling refers to Article 8 of the Provisions of the Supreme People's Court on Several Issues Concerning the Trial of Letter of Credit Disputes, which was promulgated and implemented on October 1, 2116, and concludes that Nande Group is not a party to the legal relationship of the letter of credit in this case; Referring to Article 16 of the Provisions of the Supreme People's Court on Several Issues Concerning the Trial of Letter of Credit Disputes, it is concluded that "the Bank of Communications Guizhou Branch's provision of guarantee in opening a letter of credit is a true expression, legal and effective, and should bear joint and several liability for guarantee".
At this point, this civil dispute that lasted for 2118 has finally come to a procedural end.
On May 31, 2116, Xia Zongwei, the agent of Nande Group, inquired in Gaofa, Hubei Province that the criminal complaints of Nande Group and Mou Qizhong had been formally filed on October 21, 2115 after the preliminary examination by the filing court.
On July 27th, 2116, Xia Zongwei, the agent, was told that the presiding judge had been changed for the retrial of the appeal. The president said, "The case has been filed, please wait patiently." Xia Zongwei said that after the civil retrial has finally ruled that the Nande Group is not the subject of the legal relationship of letters of credit, it is believed that the criminal complaints about the L/C fraud cases of the Nande Group and Mou Qizhong based on the same legal fact will soon be legally and fairly ruled.