On April 8, a person familiar with the Hubei Provincial High Court revealed that the once sensational Mou case was about to be retried. From "the richest man in China" to "the first liar in China", Mou Zi, who is serving his sentence in Hongshan Prison, has been trying to reverse his conviction. However, this retrial was triggered by the refusal of Guiyang Bank of Communications to accept the judgment.
According to an insider, the civil part of the Mou case will be retried in Hubei High Court. If there is a major conflict between the new evidence and the previous case, it may also involve the criminal part of the Mou case. A lawyer for Mou said that the time may be in the middle of this month. Guiyang Bank of Communications refused to accept the verdict.
The direct reason for the retrial of Mou case is that Guiyang Sub-branch of Bank of Communications refuses to accept the final judgment of Hubei Provincial High Court.
According to the "basic facts" stated in the retrial application submitted by Guiyang Bank of Communications to the Supreme People's Court on July 4, 2002, Nande Group entrusted Hubei Light Industrial Products Import and Export Corporation (hereinafter referred to as "Hubei Light Industry Corporation") to sign foreign trade contracts with foreign investors during June 5438+0995 to June 5438+0996, and entrusted Hubei Light Industry Corporation to sign foreign trade contracts with Hubei Branch of Bank of China on its behalf. Since 1996, Li Jianping, a staff member of Guiyang Bank of Communications, has issued six witness opinions on the agency import contract between Nande Group and Hubei Light Industry Company.
From 1995 to 1996, Hubei Bank of China successively opened 33 letters of credit for Hubei Light Industry Company, involving an amount of about 80 million US dollars. After that, Hubei Bank of China settled foreign exchange and advanced the funds under the letter of credit, but Hubei Light Industry Company failed to deliver the funds to Hubei Bank of China as agreed.
As Hubei Light Industry Company finally lost its repayment ability, Hubei Bank of China sued Hubei High Court, demanding that Guiyang Bank of Communications bear joint and several liability for Hubei Bank of China. After being tried by the Higher People's Court of Hubei Province, the single case of Nande Group Crime 12 was transferred to the Intermediate People's Court of Suizhou City, Hubei Province for the first instance.
On July 6, 2002, Hubei Higher People's Court upheld the original judgment in the second instance, and confirmed that Hubei Bank of China's application was established, and Guiyang Bank of Communications assumed all joint and several payment responsibilities under the letter of credit. However, Guiyang Bank of Communications believes that the losses suffered by Hubei Bank of Communications are caused by its own major fault, Hubei Light Industry Company's major fault and Nande Group's letter of credit fraud, and so on. Relevant responsibilities should be determined according to the degree of fault of all parties and the causal relationship between losses and Hubei Bank of Communications. Hubei Bank of Communications cannot demand Guiyang Bank of Communications to bear all civil liabilities for its own fault. Life imprisonment changed to 18 years.
Just when Guiyang Bank of Communications filed a retrial, a woman had been running for Mou's conviction. Her name is (aka), and she is the youngest sister, life secretary and litigation agent of Mou's ex-wife Xia Zongqiong.
On the Mid-Autumn Festival in 2003, Mou was informed that life imprisonment was changed to 18 years. Xia Zongwei said, this is the court's judgment based on good performance in prison.
According to Liberation Daily, Mou leads a normal life in prison. He gets up at 5 o'clock every morning and runs 4000 meters until he is sweating all over. Take a cold bath every day, even in the cold winter. Twice a week, he doesn't eat meat and never touches alcohol to cultivate his physique.
In prison, Mou subscribed to five newspapers, including Hubei Daily and Changjiang Daily, and became familiar with legal books. Sometimes he reads Jin Yong's martial arts novels, Yu Jie's books and Li Yang's Crazy English. Mou admitted that there were some mistakes.
On April 8th, Liu Xingcheng, a lawyer of Beijing Law Firm, told the reporter that the last time he saw Mou was in June 5438+last year 10. "Mou's mental state is very good, because he has always been full of confidence in recovery. He thinks this is an unfair case. " "At the same time, he is also reflecting on some of his mistakes. He thinks there are some mistakes."
At present, the outside world has no way of knowing the true amount of Mou's assets and debts. According to reports, Mou believes that once he is acquitted, he can restore Nande to the level before 1996 within three years, including paying off his domestic and foreign debts and realizing an annual after-tax profit of 500 million yuan. Where does Mou's confidence come from? It is difficult for the outside world to judge whether this is another "big talk".
"Nande Group no longer exists legally, and it is no longer an entity." Liu Xingcheng, the attorney and defense lawyer of Mou, told reporters that due to the public security organ's seizure of the official seal and materials of Nande Group, Nande could not conduct annual inspection, which led to the business license of Nande Group being revoked by the industrial and commercial department on June 9, 2000. "However, it is not difficult to re-register as long as you can get back the corporate seal and information of Nande Group."
According to Liu Xingcheng, during the second trial of the "Mou case", Mou in the detention center authorized the establishment of the "Nande Group Council" to preside over the liquidation of the creditor's rights and debts of Nande Group and carry out related work. At present, its main person in charge is Xia Zongwei. "The' Nande Group Council' has its own official seal and information, which has also been recognized by the court."
"She doesn't have any money now, but she has assets. Mu Ping can revitalize assets. " According to Liu Xingcheng, according to the relevant Russian regulations, as long as the legal representative of Nande Group is released from prison, he has the right to obtain the land development, management and recovery that Manzhouli deserves. The value of this asset alone is an astronomical figure. "In fact, at present, the tangible assets owned by Nande are worth more than 2 billion, and the debt ratio is not high, about 400 million."
Background information: mou case memorandum.
199965438+1October 7th, Mou was criminally detained on suspicion of letter of credit fraud. Mou was arrested on February 8, 1999 on/KLOC-0.
On May 30, 2000, Wuhan Intermediate People's Court ruled that Nande Group and its legal representative Mou constituted the crime of letter of credit fraud. By defrauding letters of credit, they illegally obtained funds of 620 million yuan, resulting in economic losses of more than 290 million yuan. Nande Group was fined 5 million yuan, and Mou was sentenced to life imprisonment and deprived of political rights for life for the crime of letter of credit fraud.
On August 22, 2000, the Hubei Provincial High Court ruled that the appeal of Nande Group and its legal representative, Mou, was rejected and the judgment of the first instance was upheld.
On June 23, 2002, Suizhou Intermediate People's Court ruled that there was no direct legal relationship between Nande Group and the plaintiff, so the responsibility that Nande Group should bear was not handled. All the money advanced by Hubei Bank of China and the additional interest are repaid by Hubei Light Industry Company, and Guiyang Bank of Communications is jointly and severally liable for repayment.
On July 12, 2002, the Hubei Provincial High Court ruled that the appeal of Guiyang Bank of Communications was rejected and the original judgment was upheld.
On October 29th, 2002165438+/KLOC-0, the Supreme People's Court made a ruling on the case of Guiyang Bank of Communications applying for retrial, and ordered Hubei Higher People's Court to form a collegiate bench for retrial.
On March 29th, 2003, Acting Mou filed a criminal appeal with the Hubei Provincial High Court and other departments.
In September 2003, Mou's sentence was changed to 18.
In March 2004, Hubei Provincial High Court informed the civil part of the case for retrial.
On March 25th, 2004, Mou, his agent, submitted an urgent application to the Supreme People's Court to suspend the civil trial and transfer it to criminal trial.
On March 26th, 2004, the Hubei Provincial High Court informed Xia Zongwei of the decision to postpone the trial by telephone.
On March 29th, 2004, Hubei Provincial High Court issued a notice of adjournment.