Publication date: 20 17-08-29; number of visits: 33 1 time.
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People's Court of Zhangjiagang City, Jiangsu Province
criminal judgement
(20 17) Su 0582 No.596 at the beginning of punishment
Public Prosecution Organ Zhangjiagang People's Procuratorate.
Defendant Chen Jie, male, 1967, born in Bozhou City, Anhui Province, Han nationality, junior high school education, legal representative of Jiangsu Ruyi Bao Tong Network Technology Co., Ltd., lives in Qiaocheng District, Bozhou City, Anhui Province. On August 20 16 18, he was detained in criminal detention on August 20 19, and was arrested on September 23. He is currently being held in Zhangjiagang City Detention Center.
Defender Chen Qi, lawyer of Jiangsu Qiao Jun Law Firm.
The People's Procuratorate of Zhangjiagang City accused the defendant Chen Jie of illegally absorbing public deposits with Public Prosecution No.2. Zhang sued Criminal Inspection [20 17] No.561and filed a public prosecution in our hospital on June 2, 20 17. Our court applied ordinary procedures according to law, formed a collegiate bench according to law, and heard the case in public. The People's Procuratorate of Zhangjiagang City appointed prosecutor Yang to appear in court to support the public prosecution, and the defendant and his defender attended the proceedings. The trial is now over.
It was found through trial that from May to August, 2065438+2006, the defendant and Ge Mou (handled separately) planned to establish Jiangsu Ruyi Bao Tong Network Technology Co., Ltd. in Zhangjiagang City with the defendant as the legal representative and Ge Mou as the general manager. Without the approval of the competent department, they recruited staff in the name of investment, through online publicity, personnel recommendation, and promised high returns.
After the defendant Chen Jie was brought to justice, he truthfully confessed the above-mentioned criminal facts.
During the trial, the defendant Chen Jie had no objection to the above facts. There are also victims Shimou 1, Yemou 2, Zhangmou 2, Wangmou 1, Dongmou 1, Dongmou 2, Tianmou, Wangmou 2, Jinmou, Zhangmou 7, Loumou, Shengmou 1, Lengmou, Shumou/Kloc-0. Deng Mou, Zhang Mou 3, Zhu Mou 1, Hu Mou 1, Dai Mou 1, Huan Mou, Xie Mou, 2, Wang Mou 4, Cao Mou, Cheng Mou, Mao Mou, Gong Mou, Xia Mou 1,. Power of attorney and letter of commitment issued by the victims Tu Mou 1, Lu Mou, Tu Mou 2, Lu Mou 1, Shan Mou, Zhu Mou 2, Yan Mou, Ye Mou 1, Zhou Mou 1, Wang Mou 7, 3 and Wang Mou 8. , Shao Mou 3, Zhou Mou 3, Pang Mou, Li Mou 3, Tang Mou, Dai Mou 2, Yan Mou, Zhang Mou 5, Lu Mou 2, Lu Mou 3, Si Mou 2 and other people's report forms and their commitment letters, testimony and invoices of witnesses 5, Li Mou 4, 6, Yuan Mou, Lu Mou 1 2, Zhang Mou 6. The company registration information, information description, population information, investigation and arrest process, and the defendant Chen Jie's confession records, such as the Approval Form for Company Establishment and the Notice for Company Establishment Registration, are sufficient for identification.
Our court believes that the defendant Chen Jie and others illegally absorbed public deposits, disturbing the financial order, and the amount was huge, which constituted the crime of illegally absorbing public deposits and was a joint crime. In the joint crime, the defendant Chen Jie plays a major role and is the principal offender. In view of the fact that Chen Jie, the defendant, is the principal offender with a relatively small position and role, can be given a lighter punishment by truthfully confessing his crimes after being brought to justice. The accusation of the People's Procuratorate of Zhangjiagang City was established. Regarding the defense opinion put forward by the defendant's defender to absorb deposits in the name of Ruyi Company, in the absence of Ge's confession, the possibility that this case is a unit crime cannot be ruled out, and most of the funds in this case are not withheld by individuals, so it should be considered as a unit crime. After investigation, Jiangsu Ruyi Bao Tong Network Technology Co., Ltd. only engaged in criminal activities of illegally absorbing public deposits from its establishment to its investigation. According to Article 2 of the Supreme People's Court's Interpretation on Relevant Issues Concerning the Specific Application of Law in the Trial of Unit Crimes, companies, enterprises and institutions established by individuals for illegal and criminal activities commit crimes, or after the establishment of companies, enterprises and institutions, their main activities are to commit crimes, and they are not punished as unit crimes. Therefore, this case should not be considered as unit crimes, and the above defense opinions cannot be established, and our court will not adopt them. Defender's defense opinion that defendant Chen Jie confessed the facts of the crime truthfully after being brought to justice, pleaded guilty voluntarily, was a minor principal in the same case, and had no criminal record was found to be true and adopted. In order to strictly abide by the legal system and maintain the order of financial management, our court made the following judgments in accordance with the provisions of Article 176, Paragraph 1, Article 25, Paragraph 4, Paragraph 3, Article 52, Article 53 and Article 64 of the Criminal Law of People's Republic of China (PRC):
1. Defendant Chen Jie was convicted of illegally absorbing public deposits, sentenced to three years' imprisonment and fined RMB100000 yuan.
(The term of imprisonment shall be counted from the date of execution of the judgment. In case of detention before the execution of the judgment, one day of detention shall be reduced to one day of fixed-term imprisonment, that is, from August 20 16 to August 20 17; The fine shall be paid within ten days after this judgment comes into effect).
2. The defendant Chen Jie was ordered to refund the money that has not been recovered and the relevant victims.
If you refuse to accept this judgment, you can appeal to the Intermediate People's Court of Suzhou City, Jiangsu Province through our court or directly within ten days from the second day of receiving this judgment. If a written appeal is filed, one original and two copies of the appeal shall be submitted.