Wang Zhizhong was sentenced to 12 years in prison for contract fraud; at the same time, his property of 200,000 yuan was confiscated.

Ruichang City People's Court of Jiangxi Province

Criminal Judgment

(2006) Ruixingchuzi No. 10

Public Prosecution Agency Ruichang Chang City People's Procuratorate.

The defendant Han Zhongming, male, was born on July 1, 1953 in Guiyang City, Guizhou Province. He is Han nationality and has a junior high school education. He is the chairman of Hong Kong United Investment Co., Ltd. and lives in Luoshan Road, Yunyan District, Guiyang City, Guizhou Province. No. 3, 5th Floor, Unit 2, Building 32. On suspicion of contract fraud, he was arrested with the approval of the Ruichang Municipal People's Procuratorate on May 20, 2005. He was arrested by the Guiyang Yunyan District Public Security Bureau on July 12 of the same year, and was arrested by the Ruichang Municipal Public Security Bureau on July 17. He is currently being held in Ruichang City Detention Center.

Defender Yin Xingchang is a lawyer at Jiangxi Taiji Law Firm.

The defendant Wang Zhizhong, male, was born in Ruichang, Jiangxi Province on November 12, 1957. Han nationality, high school education, unemployed, living at No. 523 Renmin North Road, Ruichang City. On suspicion of contract fraud, the Ruichang Municipal Public Security Bureau made a criminal detention decision on October 18, 2004. He was arrested by the Nanhu Police Station of the Luohu Branch of the Shenzhen Municipal Public Security Bureau on April 14, 2005, and was arrested by Ruichang City on April 20 of the same year. He was detained by the Public Security Bureau and arrested on May 20 of the same year. He is currently being held in Ruichang City Detention Center.

Defender Chen Jingren is a lawyer at Jiangxi Taiji Law Firm.

The Ruichang Municipal People's Procuratorate accused the defendants Han Zhongming and Wang Zhizhong of contract fraud through Ruichang Criminal Indictment (2005) No. 187, and filed a public prosecution with this court on December 9, 2005. This court formed a collegial panel in accordance with the law and held a public hearing on this case on January 5, 2006. The Ruichang City People's Procuratorate appointed prosecutor Cheng Lixia to appear in court to support the prosecution. The defendant Han Zhongming and his defender Yin Xingchang, and the defendant Wang Zhizhong and his defender Chen Jingren attended the court. The case has now been concluded.

The Ruichang Municipal People's Procuratorate alleged that on January 12, 2003, the defendant Han Zhongming signed an "Investment Project Agreement" with the Ruichang Municipal People's Government on behalf of Hong Kong United Investment Co., Ltd., and later the defendant Han Zhongming signed an "Investment Project Agreement" with the Ruichang Municipal People's Government. Zhongming entrusted the defendant Wang Zhizhong and others to handle the relevant procedures for the establishment and registration of "Jiujiang Gangchang Industrial Co., Ltd." based on the agreement. Defendant Han Zhongming instructed defendant Wang Zhizhong and others to outsource projects in the name of "Jiujiang Gangchang Industrial Co., Ltd." when he failed to pay the land transfer fee and industrial and commercial registration capital in accordance with the "Investment Project Agreement". , collect project deposits (deposits, performance fees) or borrow money to spend. As of the time of the incident, *** had collected project deposits of RMB 746,000 from the Shanghai Branch of the Navy's East China Engineering Construction Bureau, Fujian Linde Construction Co., Ltd., Hubei Huanggang Yinhuan Construction and Installation Co., Ltd., and individuals such as Peng Fangjia, and borrowed RMB 28,055. Ten thousand yuan.

Regarding the facts of the above charges, the public prosecution agency read out and presented the following evidence in court:

1. The confessions of the defendants Han Zhongming and Wang Zhizhong during the public security investigation stage. To prove the fact that the two defendants used the name of "Jiujiang Gangchang Industrial Co., Ltd." to outsource project contracts and collect project deposits and loans without paying the land transfer fee and the industrial and commercial registration capital on time.

2. The testimonies of witnesses Yu Deguang, Xia Anshui, Ke Zunping, Feng Jianming, Ke Zunliang, Cheng Guangdong, Huang Yinghui, Gu Linxiang, Peng Fangjia, Zhu Xianyi, Song Zengxing, Li Hongguo, Zhu Jiejin, Zhou Pingzhong, Zou Shixi and others, as well as the project construction agreement, Payment receipt. To prove that the two defendants *** collected project deposits of 746,000 and loans of 280.55 million from the Shanghai Branch of the Navy East China Engineering and Construction Bureau, Fujian Linde Construction Co., Ltd., Hubei Huanggang Yinhuan Construction and Installation Engineering Co., Ltd., and individuals such as Peng Fangjia Yuan.

3. Testimonies of witnesses Ke Zunzhi, Zhang Xushu, Chen Xingxing, Chen Shilai, Yan Chunjian and others. To prove the fact that the two defendants outsourced projects in the name of "Jiujiang Gangchang Industrial Co., Ltd." and collected project deposits.

4. "Investment Project Agreement", "Power of Attorney", "Enterprise Legal Person Business License", "Articles of Association" and Jiujiang Foreign Trade and Economic Cooperation Commission's "Articles of Association of Jiujiang Gangchang Industrial Co., Ltd." "Approval", certification materials from Ruichang Gold Industrial Park Management Committee, Jiujiang City Administration for Industry and Commerce and other documentary materials. To prove that the defendant Han Zhongming entrusted the defendant Wang Zhizhong and others to register "Jiujiang Gangchang Industrial Co., Ltd." in accordance with the "Investment Project Agreement". Later, the company failed to pay the registered capital in accordance with the "Articles of Association" and failed to comply with the "Investment Project Agreement". Project Agreement" to pay the land transfer fee and the fact that the company has not had annual inspections since its establishment.

5. Proof of the capture of the second defendant, seizure of company seals, certificates and licenses list, seizure of deposit certificates, remittance receipt list, proof of household registration of the second defendant, etc. To prove the arrest of the two defendants and the seizure of relevant items.

The public prosecution organ believes that the defendants Han Zhongming and Wang Zhizhong defrauded the other party of property in a particularly huge amount during the signing and performance of the contract for the purpose of illegal possession. Their actions constituted the crime of contract fraud. Please Punished according to law.

The defendant Han Zhongming argued that he did not engage in contract fraud because he did not outsource the project, and he did not know about the project contracted by Wang Zhizhong. The defense opinion put forward by his defender is: The indictment finds that the defendant Han Zhongming instructed the defendant Wang Zhizhong and others to outsource projects and collect project deposits in the name of "Jiujiang Gangchang Industrial Co., Ltd." There is insufficient factual evidence, and Han Zhongming did not participate in the project. The act of issuing a contract does not constitute the crime of contract fraud.

Defendant Wang Zhizhong argued that he was only attracting investment and serving the company, and was not committing contract fraud. The defense opinion put forward by his defender was that the defendant Wang Zhizhong’s behavior constituted the crime of contract fraud, but he obtained the consent of Han Zhongming for all contracted projects, and most of the project deposits collected were used by Han Zhongming, so Wang Zhizhong’s criminal role was greater than that of Han Zhongming. He is young and has a good attitude towards pleading guilty. Please ask the court to give him a lighter sentence.

After trial, it was found that on January 12, 2003, the defendant Han Zhongming signed an "Investment Project Agreement" on the production and sales of chips with the Ruichang Municipal People's Government on behalf of Hong Kong United Investment Co., Ltd., and decided to Ruichang City Gold Industrial Park started a business, and authorized the defendants Wang Zhizhong and Liang Ping to be responsible for the preliminary establishment and signing of the business. On March 18, 2003, the defendant Wang Zhizhong and others obtained the "Enterprise Legal Person Business License" of "Jiujiang Gangchang Industrial Co., Ltd.", and on the 25th of the same month, they obtained the "Tax Registration Certificate for Foreign-Invested Enterprises" and applied for the "Jiujiang Port "Special Contract Seal of Jiujiang Gangchang Industrial Co., Ltd.", "Special Financial Seal of Jiujiang Gangchang Industrial Co., Ltd." and the personal seal of the legal representative Han Zhongming. Later the defendants Han Zhongming, Wang Zhizhong and Liang Ping failed to pay the land transfer fee in accordance with the provisions of the "Investment Project Agreement", nor did they subscribe for the capital contribution and pay in accordance with the provisions of the "Articles of Association" of "Jiujiang Gangchang Industrial Co., Ltd." The registered capital began on April 2 of the same year in the name of "Jiujiang Gangchang Industrial Co., Ltd.", fictitious engineering projects, concealing the fact that the registered capital was not in place and the industrial land was not allocated, and successively contacted the Shanghai Branch of the Navy East China Engineering Construction Bureau , Hubei Province Huanggang Yinhuan Construction and Installation Engineering Co., Ltd., Hubei Jinqingniu Construction Engineering Company, Ruichang Huadong Construction Co., Ltd., Fujian Linde Construction Co., Ltd., Jiangxi Changsha Construction Engineering Group Company Fifth Branch and other construction The unit signed a false project contracting agreement with Zhu Xianyi, Zhou Pingzhong, Zou Shixi, Cheng Guangdong, Ke Zunping, Peng Songlin, Song Zengxing and other individuals with the "Special Contract Seal of Jiujiang Gangchang Industrial Co., Ltd." and their personal signatures and seals, and issued The payment receipt stamped with the "Special Financial Seal of Jiujiang Gangchang Industrial Co., Ltd." is collected in the name of collecting project contract performance fees, project construction contract deposits, project contract deposits, etc., and a total of RMB 65.8 is collected. This money was squandered by the defendants Han Zhongming, Wang Zhizhong and others.

The above facts are confirmed by the following evidence produced and cross-examined in court:

1. "Investment Project Agreement".

It was confirmed that on January 12, 2003, Han Zhongming signed the agreement with the Ruichang Municipal People's Government on behalf of Hong Kong United Investment Co., Ltd. The agreement stipulates: "Party B (Hong Kong United Investment Co., Ltd.) shall pay all the land transfer fees to Party A within thirty days of signing this agreement." It also stipulates that “this agreement shall take effect on the date Party B pays the land transfer fee to Party A”.

2. Power of attorney. It was confirmed that Han Zhongming, in the name of the chairman of Hong Kong United Investment Co., Ltd., entrusted Wang Zhizhong to handle the company's preparatory preparations on behalf of the company; he entrusted Liang Ping to handle the relevant signing matters on behalf of the company.

3. "Enterprise Legal Person Business License" and "Foreign-invested Enterprise Tax Registration Certificate". It was confirmed that "Jiujiang Gangchang Industrial Co., Ltd." was registered with the industry and commerce on March 18, 2003, with a registered capital of US$10.75 million, and received a tax registration certificate on the 25th of that month.

4. List of seized seals and other items. It was confirmed that the company applied for contract-specific and financial-specific seals at that time.

5. "Jiujiang Gangchang Industrial Co., Ltd." "Articles of Association". It is confirmed that the company complies with these Articles of Association: its first-phase capital contribution shall be paid in full within 90 days from the date of issuance of the business license, and the capital contribution shall not be less than 15% of the investment subscription amount.

6. Certification materials from Ruichang Gold Industrial Park Management Committee on April 30, 2005, and certification from Jiujiang City Administration for Industry and Commerce on May 9, 2005. It was confirmed that "Jiujiang Gangchang Industrial Co., Ltd." has not settled in Ruichang City Gold Industrial Park, and the Industrial Park Management Committee has not allocated industrial land to the company. "Jiujiang Gangchang Industrial Co., Ltd." has not had annual inspection since its establishment.

7. Witness Gu Linxiang’s testimony, agreement and receipt. It was confirmed that on April 2, 2003, on behalf of the Shanghai Branch of the Navy's East China Engineering Construction Bureau, he signed a "Project Construction Agreement" with Liang Ping, the then general manager of "Jiujiang Gangchang Industrial Co., Ltd." and paid a performance fee of 80,000 for the project contract. Yuan, in May and June of the same year, Han Zhongming went to Shanghai to inspect the Shanghai Branch of the Navy's East China Engineering and Construction Bureau.

8. Witness Song Zengxing’s testimony and receipt. It was confirmed that on April 17, 2003, he remitted 35,000 yuan to Han Zhongming, and Han verbally promised him to complete the project and issued a receipt to him, which was marked "for the company's preliminary expenses" and stamped There is Han Zhongming's personal seal.

9. Witness Xia Anshui’s testimony, agreement and receipt. It was confirmed that on April 18, 2003, on behalf of Hubei Province Huanggang Yinhuan Construction and Installation Engineering Co., Ltd., it signed a "Project Construction Confirmation Agreement" with "Jiujiang Gangchang Industrial Co., Ltd.". During the negotiation, Han Zhongming was present. The agreement was stamped with Han Zhongming's personal seal and a deposit of 100,000 yuan was paid for the project construction contract.

10. Witness Huang Yinghui’s testimony and receipt. It was confirmed that on May 31, 2003, in the name of Hubei Jinqingniu Construction Engineering Company, he signed a construction agreement with Wang Zhizhong, the boss of Jiujiang Gangchang Industrial Co., Ltd., and paid a construction contract deposit of 50,000 yuan.

11. Witness Zhu Xianyi’s testimony, agreement and receipt. It was confirmed that on June 11, 2003, he signed a "Project Construction Agreement" in his own name with Wang Zhizhong, who was responsible for the business of "Jiujiang Gangchang Industrial Co., Ltd.", and paid a deposit of 20,000 yuan for the project contract on the 13th of the same month.

12. Witness Feng Jianming’s testimony, agreement and IOU. It was confirmed that on July 9, 2003, it signed a "Project Construction Agreement" with "Jiujiang Gangchang Industrial Co., Ltd." Wang Zhizhong in the name of Ruichang Huadong Construction Co., Ltd., and paid RMB 30,000. Wang Zhizhong Issued an IOU to Feng Jianming.

13. Witness Zhou Pingzhong’s testimony, agreement and receipt. It was confirmed that on July 18, 2003, he signed a "Project Construction Agreement" with "Jiujiang Gangchang Industrial Co., Ltd." Wang Zhizhong in his own name, and paid a project deposit of 40,000 yuan on that day, and an additional 10,000 yuan on the 23rd of the same month. .

14. Witness Ke Zunping’s testimony and receipt stub. It was confirmed that on August 7, 2003, he paid a project deposit of 5,000 yuan to Wang Zhizhong, general manager of "Jiujiang Gangchang Industrial Co., Ltd."

15. Witness Ke Zunliang’s testimony and receipt.

It was confirmed that in September 2003, he introduced Fujian Linde Construction Co., Ltd. to "Jiujiang Gangchang Industrial Co., Ltd." to undertake the construction project, and signed an agreement, and then successively paid the project deposit (deposit) of 150,000 yuan. Receipts of 70,000 yuan and 80,000 yuan were issued on September 17 and September 25. After it was confirmed, he went to Shenzhen many times to ask Han Zhongming to ask for the project and to demand repayment of the project payment.

16. Witness Yu Deguang’s testimony, agreement and receipt. It was confirmed that on October 16, 2003, on behalf of the Fifth Branch of Jiangxi Changxia Construction Engineering Group Company, he signed a "Project Construction Agreement" with Wang Zhizhong, the person in charge of "Jiujiang Gangchang Industrial Co., Ltd." and paid the project contract credit fee 80,000 yuan.

17. Witness Peng Songlin, agreement and receipt. It was confirmed that on February 16, 2004, he and Yu Zhousong signed a "Project Construction Agreement" with "Jiujiang Gangchang Industrial Co., Ltd." and paid a project deposit of 20,000 yuan on that day, and later borrowed 3,000 yuan from the company. , and in July of the same year he paid a further deposit of 5,000 yuan.

18. Witness Zou Shixi’s testimony and receipt. It was confirmed that on March 31, 2004, he personally signed a construction agreement with Ke Zunzhi of "Jiujiang Gangchang Industrial Co., Ltd." and paid a project deposit of 2,000 yuan on that day, and then paid an additional 10,000 yuan on April 5, 18, and 27. , 2,000 yuan, 2,000 yuan.

19. Witness Cheng Guangdong’s testimony, agreement and receipt. It was confirmed that on May 10, 2004, he signed a "Project Construction Agreement" with Ke Zunzhi of "Jiujiang Gangchang Industrial Co., Ltd." in the name of Ruichang Guilin Construction Co., Ltd. and paid a project deposit of 20,000 yuan.

20. Testimonies of witnesses Ke Zunzhi, Zhang Xushu, Chen Xingxing, Chen Shilai and others. It was confirmed that while they and others were working at "Jiujiang Gangchang Industrial Co., Ltd.", Wang Zhizhong was later responsible for the company's affairs, and it was also confirmed that the company outsourced projects without settling in an industrial park or having any factory planning and design information. Facts such as collecting project deposits. It was also confirmed that the projects contracted by Wang Zhizhong during his tenure were all reported to Han Zhongming for instructions, and Han Zhongming also went to Shanghai to inspect the East China Construction Bureau; Fujian Linde Construction Company came to Shenzhen many times to look for Han Zhongming, and Han also received him; When Xia Anshui signed the agreement in the name of Hubei Huanggang Yinhuan Construction Company, it also contacted Han Zhongming at the Ruichang Municipal Government Guest House.

21. Current savings deposit certificates and bank card business receipts. It was confirmed that from April 18, 2003 to April 14, 2004, after Wang Zhizhong collected the project deposit, he remitted a total of 299,700 yuan to Han Zhongming.

22. Proof of capture and proof of household registration. Confirm the return of defendants Han Zhongming and Wang Zhizhong and their identities.

23. Confessions of defendants Han Zhongming and Wang Zhizhong during the public security investigation stage. It was confirmed that during the early preparations for the establishment of "Jiujiang Gangchang Industrial Co., Ltd.", Han Zhongming appointed Liang Ping as the general manager of the company, and later appointed Wang Zhizhong as the general manager. After Han Zhongming confessed, he knew that Wang Zhizhong contracted projects in the name of the company and collected project deposits. He also received funds remitted by Wang Zhizhong many times. The confessions of the two defendants and the above-mentioned evidence can corroborate each other, forming an evidence chain.

The above evidence is true, legal and valid, and this court confirms it.

As for the defense opinions put forward by the defendants Han Zhongming, Wang Zhizhong and Han Zhongming’s defenders, the conduct of the two defendants does not constitute the crime of contract fraud. After investigation, the defendant Han Zhongming initially charged RMB 35,000 on April 17, 2003, promising to do the Song Zengxing project. The next day, he entered into a contract with a bank in Hubei Huanggang City in the name of "Jiujiang Gangchang Industrial Co., Ltd." Huan Construction and Installation Engineering Co., Ltd. signed the "Project Construction Confirmation Agreement" and received a deposit of 100,000 yuan for the project construction contract. The receipt issued to Song Zengxing and the "Project Construction Confirmation Agreement" signed by him were both stamped with Han Zhongming's personal seal. Subsequently, the defendant Wang Zhizhong also signed project contracting agreements in the name of the company many times, collected project deposits, and remitted the collected funds to Han Zhongming many times. Accordingly, the two defendants’ arguments and the defender’s opinion that their actions did not constitute contract fraud were inconsistent with the factual evidence and were not accepted by this court.

The indictment accuses the defendants Han Zhongming and Wang Zhizhong of borrowing money in the name of the company and squandering money. After investigation, most of the loan vouchers attached to the case were Wang Zhizhong's personal financial debts. As for the more than 200,000 yuan of funds remitted by Ke Zunliang, the bank card business receipt provided only had a bank card number, no name of the payee, and no Wang Zhizhong’s receipt or loan receipt, so the indictment has insufficient evidence for this accusation and this court will not confirm it.

This court believes that the defendants Han Zhongming and Wang Zhizhong used the name of contracting projects for the purpose of illegal possession when the land for "Jiujiang Gangchang Industrial Co., Ltd." has not been allocated and the registered capital cannot be in place. , concealed the inability to perform the contract, fabricated the project project and start time and other facts, signed a false project contracting agreement in the name of the unit, and defrauded collective and personal property, the amount was extremely huge. His behavior constituted the crime of contract fraud and should be punished according to law. The charges charged by the public prosecution were found guilty and this court confirmed them. Accordingly, in accordance with Article 224, Article 25, Paragraph 1, and Article 64 of the Criminal Law of the People's Republic of China, the Supreme People's Court's Specific Application of Laws in the Trial of Unit Crime Cases According to the provisions of Article 2 of "Interpretation of Issues", the verdict is as follows:

1. The defendant Han Zhongming was guilty of contract fraud and was sentenced to 12 years in prison and had 200,000 yuan of property confiscated.

2. The defendant Wang Zhizhong committed contract fraud and was sentenced to 12 years in prison and his property of 200,000 yuan was confiscated.

3. Order the defendants Han Zhongming and Wang Zhizhong to pay compensation for their illegal gains of 6.58 million yuan.

The above-mentioned confiscated property shall be paid within one month after the judgment takes effect.

(The sentence shall be calculated from the date the judgment takes effect. If the sentence is taken into custody before the execution of the judgment, one day in custody shall be counted as one day of the sentence. That is, the defendant Han Zhongming’s sentence shall be from July 12, 2005 to 2017 ended on July 11, 2017; defendant Wang Zhizhong’s prison term was from April 14, 2005 to April 13, 2017).

If you are dissatisfied with this judgment, you may appeal through this court or directly to the Intermediate People's Court of Jiujiang City, Jiangxi Province within ten days from the second day after receiving the judgment. If the appeal is made in writing, one original copy and three copies shall be submitted.

Chief Judge Tian Daliang

People's Assessor Tao Cailong

People's Assessor Zhao Dagui

February 2006 23rd

Secretary Xu Fang