He was criminally detained on May 29th 1998 on suspicion of letter of credit fraud, and was arrested on July 4th of the same year. He is now being held in Beijing detention center.
The Beijing No.1 Intermediate People's Court heard the case that the First Branch of Beijing People's Procuratorate accused the defendant Zheng Dachuan of letter of credit fraud. 19991February 2, the defendant Zheng dachuan was found guilty of letter of credit fraud by criminal judgment (1999) No. Sentenced to death, suspended for two years, deprived of political rights for life, and confiscated all property. Continue to recover the defendant Zheng Dachuan's criminal proceeds of 8.869 million US dollars and return them to Zhongshe (Nantong) Machinery and Equipment Import and Export Company and China Jianong Enterprise Group Company respectively; Defendant Zheng Dachuan's Hong Kong permanent identity card and home visit permit were placed on file for seizure and returned to Defendant Zheng Dachuan; The seized items were confiscated and returned to China Construction (Nantong) Machinery and Equipment Import and Export Company and China Jianong Enterprise Group Company. There was no appeal or protest in this case within the statutory time limit. Beijing No.1 Intermediate People's Court reported to our hospital for approval according to law. Our hospital formed a collegial panel according to law to conduct a review. Now the review is over.
Upon examination, it is found that:
1.199665438+1From October to May, the defendant Zheng Dachuan fraudulently signed a domestic and foreign trade contract with Zhongshe (Nantong) Machinery and Equipment Import and Export Co., Ltd. in the name of David Dixintong (Hong Kong) Co., Ltd. and in the name of Shenzhen Management Department and legal representative of Qinghai Machinery and Equipment Import and Export Corporation. China Construction (Nantong) Machinery and Equipment Import & Export Corporation was induced to open four long-term irrevocable letters of credit with a total amount of over US$ 3.937 million (equivalent to RMB 32,829,5438+0,000) through China Bank Nantong Branch. Defendant Zheng Dachuan used forged invoices, packing lists, quality and quantity certificates, goods receipts and other documents attached to the letter of credit to start business from a negotiating bank in France. After the expiration of the letter of credit, Zhong Shi (Nantong) Machinery and Equipment Import and Export Corporation applied to the issuing bank, Bank of China Nantong Branch, for prepayment of the ticket accepted under the letter of credit. After the issuing bank paid the advance payment, Zhong Shi (Nantong) Machinery and Equipment Import and Export Corporation issued a repayment guarantee to the issuing bank.
2. During the period from July of 1996 to July of 10, the defendant Zheng Dachuan, in the name of David Edison (Hong Kong) Co., Ltd. and American Communication Technology (Hong Kong) Co., Ltd., successively signed several contracts with China Jianong Enterprise Group Company, China Commercial Foreign Trade Company and Beijing Jianong Kunmao Economic and Trade Co., Ltd. China Commercial Foreign Trade Company and China Resources Vantone Co., Ltd. were induced to open nine long-term irrevocable letters of credit with a total amount of over US$ 57,765,438+04,000 (equivalent to RMB 48,009,900) through the head office of China Construction Bank. Defendant Zheng Dachuan adopted the means of forging documents attached to the letter of credit, such as bill of lading, invoice, certificate of origin, packing list, quality inspection certificate, transport bill, beneficiary certificate and so on, without organizing the supply and supply. During this period, the defendant Zheng Dachuan only paid RMB 7 million (equivalent to USD 838,900) to China Jianong Enterprise Group Company, and the remaining discounted amount of USD 4,932,500 (equivalent to RMB 465,438+RMB 0099) was illegally occupied by Zheng Dachuan. After the letter of credit expired, China Jiannong Enterprise Group Company paid the principal and interest of all the money under the nine letters of credit opened to the head office of China Construction Bank through this institution.
To sum up, the defendant Zheng Dachuan used the letter of credit to defraud more than 8.8695 million US dollars, equivalent to 73.839 million yuan.
The above facts are proved by the following evidence:
1. Witness Wan Xinkun, general manager and Yu, deputy general manager of Zhongshe (Nantong) Machinery and Equipment Import and Export Corporation, confirmed that Zhongshe (Nantong) Machinery and Equipment Import and Export Corporation and David Edison (Hong Kong) Co., Ltd. of Zheng Dachuan conducted letter of credit business during the period from the beginning of 1993 to1June 1996, of which 4 letters of credit were about 3.9 million US dollars. We lost contact with Zheng Dachuan on 1998, and the company reported the case to Nantong Public Security Bureau on 1999+ 10;
2. The testimony of Guo, the finance minister of Zhongshe (Nantong) Machinery and Equipment Import and Export Company, confirmed that the company has letter of credit business from 1993 to 1996. People in the company said that there were 23 letters of credit with Zheng Dachuan, each of which was more than 900,000 US dollars. The manager is mainly responsible for this business. The last four letters of credit were paid by Nantong Branch of China Bank, and the company still owes four lines.
The testimony of Mao Hongfa, the witness and manager of Shenzhen Management Department of Qinghai Machinery and Equipment Import and Export Company, confirmed that the company had business dealings with David Edison Company of Zheng Dachuan. /kloc-in the summer of 0/994, Zheng Dachuan went to Shenzhen to help our company receive business, and asked me to stamp the seal of Shenzhen management department on blank paper, some of which were signed. Zheng Dachuan brought the paper, and Zheng Dachuan said it was easy. Later, I heard that Zheng Dachuan signed a contract with Nantong Company in the name of our company's management department. During this period, Nantong Company has nothing to do with me and our company. Our company has not paid any payment and agency fees, nor has it received any imported goods.
4. The testimony of Cui Zhongwei, a witness and vice president of China Jianong Enterprise Group Company, confirmed that Zheng Dachuan was known by Xiao Shengkuan. Zheng proposed to develop communication equipment business with our company in the name of David Edison (Hong Kong) Co., Ltd. and American Communication Hi-Tech (Hong Kong) Co., Ltd., and Zheng Dachuan signed two agreements with our company in July 196 and June 10 respectively. Entrusted China Commercial Foreign Trade Company and China Resources Vantone Co., Ltd. to import communication equipment, and opened nine letters of credit with a total amount of more than 5.7 million US dollars. After the expiration of the letter of credit, Zheng Dachuan failed to pay and only paid RMB 7 million. Zheng Dachuan didn't pay the bank money or any other money. Our two agents paid all the money in the nine letters of credit to the bank. Our company paid 246,055,438 yuan+0,000 yuan to China Merchants Foreign Trade Company and 1 692 350 yuan to China Resources Vantone Company, which actually caused our company a loss of 4 1 528, 600 yuan.
5. The testimony of witness Zhao Peng, deputy general manager of Zhuhai Company of China Commercial Foreign Trade Corporation, confirms that:1In July 1996, our company imported communication equipment and other equipment on behalf of China Jianong Enterprise Group Company, and opened three letters of credit with a total amount of more than 2.94 million US dollars. 1Feb. 997, Rennong Company paid us the letter of credit, and both parties settled the account. Later, I heard that there was something wrong with the business and I suffered a loss.
6. Witness Kelly, deputy manager of China Resources Vantone Co., Ltd. testified that: 1996 10 In June, our company imported communication equipment on behalf of China Jianong Company and signed six contracts with Zheng Dachuan. Our company has opened 6 corresponding 170-day usance letters of credit, of which 4 are from Hong Kong and 2 are issued to Macau Nanguang Arts and Crafts Company, 65438+. The Company recovered the principal paid for China Jianong Enterprise Group Company. 1998 In April and May, Cui Zhongwei told me that Zheng Dachuan could not be found and the payment for the letter of credit had not been returned.
7. The testimony of witness Cao Zhong, deputy general manager of Nanguang International Trading Co., Ltd. confirmed that: 196, 10 In June, Zheng Dachuan asked our company to discount and repay two letters of credit of China Resources Vantone Co., Ltd., with the amount of 840,000 US dollars, and the discounted negotiation documents were mainly provided by Zheng Dachuan;
8. The testimony of Xiao Shengkuan, the witness and chairman of Xinghua Trading Company, confirmed that after I learned that the contract signed between Zheng Dachuan and China Jianong Enterprise Group Company had not been fulfilled, the staff of Zheng Dachuan reported that Zheng Dachuan had asked the staff to split the big bag into small bags and made false invoices to defraud China Jianong Enterprise Group Company.
9. The Appraisal Conclusion of Public Physical Evidence Signature in No.2298 (98) of the Ministry of Public Security confirms that the English signature handwriting used in the contract and agreement signed by Zheng Dachuan and China Jiajia Agricultural Group Company was written by Zheng Dachuan;
10. The certification materials of Shenzhen Customs confirmed that the vehicles provided by Zheng Dachuan did not carry the imported communication equipment in Shenzhen Customs within the specified time; In addition, according to customs statistics, from June 1996 to February 16, China Commercial Foreign Trade Corporation and China Resources Vantone Co., Ltd. were entrusted by China Jianong Enterprise Group Company and failed to import goods through Shenzhen Customs;
1 1. The proof of the liaison office of the Hong Kong Police Force confirmed that after contacting one of the responsible persons of First Transportation Trading Co., Ltd., he said that he had never consigned goods on behalf of American Communication Technology Co., Ltd. and had no business dealings with the company;
12. Documentary materials such as the agreement and contract of nine letters of credit between Zheng Dachuan and China Jianong Enterprise Group Co., Ltd. confirmed that Zheng Dachuan signed contracts with China Jianong Enterprise Group Co., Ltd. for importing "communication multiplexing equipment" and "industrial friction" on1July 22, 1996 and1June 7, respectively. It was agreed that China Jianong Enterprise Group Company would open a 180-day usance letter of credit with a total amount of more than US$ 5.77 million in the designated bank of Zheng Dachuan. Zheng Dachuan was entrusted by China Jianong Enterprise Group Company to sign a foreign trade contract related to the agreement with China Commercial Foreign Trade Corporation and China Resources Vantone Co., Ltd., and Zheng Dachuan used the forged letter of credit to discount, apply for opening a letter of credit and pay.
13. Documentary evidence such as four letters of credit contracts signed by Zheng Dachuan and Zhongshe (Nantong) Machinery and Equipment Import and Export Corporation confirmed that Zheng Dachuan signed four sales contracts for imported communication equipment with Zhongshe (Nantong) Machinery and Equipment Import and Export Corporation in the name of David Edison (Hong Kong) Co., Ltd. from June to May, with a total amount of more than 3.93 million US dollars.
The above evidence has been proved by the people's court hearing the case and confirmed by our court.
We believe that the defendant Zheng Dachuan ignored the national financial management laws and regulations, defrauded the letter of credit by fabricating domestic and foreign trade facts for the purpose of illegal possession, and discounted the funds under the letter of credit for himself by forging documents and documents attached to the letter of credit. Its behavior has constituted the crime of letter of credit fraud, and the amount is extremely huge, which has caused particularly heavy losses to state-owned property and should be punished according to law. According to the facts, the nature of the crime and the degree of harm to society committed by the defendant Zheng Dachuan, and considering the defendant Zheng Dachuan's voluntary confession of some criminal facts after being detained, his good attitude of pleading guilty and the specific circumstances of this case, he was sentenced to death, suspended for two years, deprived of political rights for life, and confiscated all his personal property.
To sum up, the facts identified in the original judgment are clear, the evidence is indeed sufficient, the conviction is accurate, the sentencing is appropriate, and the trial procedure is legal. According to Article 201 of the Criminal Procedure Law of People's Republic of China (PRC), the verdict is as follows:
Approved the criminal judgment of Beijing No.1 Intermediate People's Court (1999) 1953, and sentenced the defendant Zheng Dachuan to death, suspended for two years, deprived of political rights for life, and confiscated all property.
This ruling shall take legal effect as of the date of service.