After trial, it was found that the defendant registered assets and wealth as the legal representative in June 2013 and June 2014, and rented Capita Hongkou Dragon Dream at No. XXX, Xijiangwan Road, Hongkou District, this city The 21st floor of Building A was used as a business location, and 10 people including the defendants Zhang and Lu were recruited to serve in the company. During the operation period, the above-mentioned defendant publicly sold financial products by distributing small advertisements and spreading word of mouth. Without the approval of relevant departments, the city's unspecified citizens are attracted to participate in investment with an annualized rate of return ranging from 8 to 12, and public funds are illegally absorbed and used in disguised forms for company operating expenses, investment, lending to others, etc.
After the incident, audited by Shanghai-Hong Kong Jinmao Accounting Firm, Yang Guo Assets and Yang Guo Wealth collected 603,141,436 yuan through a third-party payment platform.
In the end, the Hongkou District People's Court found the defendant Zheng Wen guilty of illegally absorbing public deposits and sentenced him to seven years in prison and a fine of 300,000 yuan. That is, from September 24, 2016 to September 23, 2023. The other defendants were sentenced to fixed-term imprisonment of one year and two months to two years and three months, and fines ranging from 20,000 yuan to 50,000 yuan.
The actual controller of the affiliated company Guocheng Financial was sentenced.
On September 23, 2016, Shanghai Yangguo Asset Wealth Management Co., Ltd. (Yangguo Wealth Operation Company) was investigated and punished by the Shanghai Hongkou Public Security Bureau. A public security notice posted in front of the company stated that investors are requested to register at the Hongkou Public Security Bureau on September 26, 2016. Another source said that nearly 10 employees of the company were criminally detained by the police on suspicion of illegally absorbing public deposits.
Industrial and commercial information shows that Shanghai Yangguo Wealth Investment Management Co., Ltd. was established on June 3, 2014, with a registered capital of 1 million yuan. The legal representative is Zheng Wen, and the shareholders are Zheng Wen and Shanghai Yangguo Asset Management Co., Ltd.
2065438 On August 29, 2006, Yangguo Wealth issued a closure announcement, stating that the "Information Intermediary in Person-to-Person Lending" issued by the China Banking Regulatory Commission The "Interim Measures for the Management of Institutional Business Activities" has new regulations on P2P financial management platforms, in which the upper limit of loan amount is 200,000 yuan, and offline financial management is not allowed, which has affected the operation and development of Yang Guo Wealth.
“After years of development, competition in the offline mortgage market has become fierce, and P2P operations are difficult. Yang Guo Wealth has experienced borrowers’ delayed repayments, resulting in the inability to pay corresponding investors’ financial principals on time.” Yang Guo Wealth said. The announcement stated that after careful consideration, it was decided to suspend the operations of Yangguo Fortune.
The above announcement shows that Yangguo Wealth Management has 497 customers, involving an amount of 654.3892 million yuan. According to media reports, the hole in Yang Guo’s wealth of RMB 654.38 billion was mainly caused by the unfinished construction of two factories in Shanghai.
Information shows that Zheng Wen, chairman and legal person of Yangguo Fortune, is also one of the co-founders of Guocheng Financial, accounting for 39% of the shares. In addition, there is a complicated relationship between Yang Guo Wealth and Guocheng Financial, which makes it difficult for Guocheng Financial to get rid of its relationship with Yang Guo Wealth. On September 23, an open letter released by Guocheng Financial also showed that Zheng Wen, the second largest shareholder, was still detained by the public security organs, saying that due to operating difficulties of Zheng Wen, an internal shareholder of Guocheng Financial, due to personal reasons, temporary measures were taken to restrict cash withdrawals.
The judgment shows that the defendant partnered with Li 2 (handled in another case) and registered Guocheng Company in May 2013. Li 2 served as chairman and vice chairman (49 shares held). During the period of operation, the website (www.gcjr.com) was set up as an online platform, recruiting unspecified customers through the Internet and offline public service advertisements, selling various financial products to the public and raising funds in the form of equity crowdfunding. The commitment expired Pay principal and interest, attract unspecified citizens to participate in investment, and illegally absorb public funds in disguise.
The industrial and commercial files of Guocheng Company retrieved by the Hongkou Branch of the Shanghai Public Security Bureau confirmed that the basic information of Guocheng Company and the company's business scope do not include financial management matters. After auditing, Guocheng Company collected 953,991,875.03 yuan of investor funds through five third-party payment platforms: Jintong, JD.COM Online, Shengfutong, Fuyou Pay, and Sina Pay. According to the existing reporting materials, the unpaid amount is 4821056638.06 yuan; according to the existing investigation materials, the unpaid amount is 60095959.54 yuan; Guo Subsidiary and Yang Guo Company transferred 20 million yuan to Guocheng Company.
The Hongkou District Court finally ruled that the defendant Zhang Er was guilty of illegally absorbing public deposits and was sentenced to two years and three months in prison and fined RMB 50,000.