Monday, February 21, 2011

17 million fraud case is obviously minor, and do not deal with by criminal

 17 million fraud case is obviously minor, and do not press criminal handled?
Zhang Hongfeng Comments: After a telephone communication with the parties, the blog that the case is worthy of public concern, is hereby forwarded. The original report Posted by real name, Figure with the truth jobs after a factory in sales .1997 factory closed down for various reasons, I also laid off unemployed. then our family members and dozens of laid-off workers with the business, since 1997, the original contract, the main job of silk, as understood market and good management, the factory gradually bigger.
He founded the company in Yantai Apocalypse Silk, Heaven Silk Company Yantai, Yantai sinks and Silk Company, the three brands belonging to a family of related bodies corporate, the same is located in Yantai City Chu Road 149 only. three years, has spent several banks from more than 1000 ten thousand yard bought in 2000 for himself when the plant property. enterprise development went smoothly, the factory output reached tens of millions a year, I Yantai City was awarded the title of young entrepreneurs. and actively participate in various charitable causes, many poor schools, sponsored by .2005, taking into account the factory is located in the downtown, not suitable for development of rural areas want to do business, so the city government for planning. and with the consent of the municipal government, listing the development.
two causes of the incident, from simple breach of contract case to the civil violence demolitions!
2005 �� 6 months, the plant by the municipal government plans to sell listing development, Zhang, general manager of Yantai Newbridge Group family, after hearing competing to own the land, numerous experiences of finding our request to cooperate and threatened the other companies can not cooperate with us. After many consultations both sides, the final decision, Health and silk from the Yantai Yantai revelation on behalf of the company and Silk Company, Yantai Heaven Silk Company a total of three companies and Yantai bridge group cooperation, both sides in the July 1, 2005 signed a demolition compensation contract.
contract: Newbridge delisted after 30 working days to pay 20 million to us; 90 working days and then pay 20 million; in 120 working days, we removed the real estate contract, bridge parties and then pay the remaining 23 million , a total of 63 million; but more than four months after our repeated urging, the bridge group to pay 17 million yuan is only twice a shortfall of 46 million yuan, a serious breach of contract. At this point sinks and companies and related enterprises have been about nearly twenty thousand square meters of vacant housing, and dismantled all the doors and windows and part of the roof. Zhang family saw the relocation of the situation, in order to achieve the remaining 46 million yuan Caqianfei repudiate the purpose, organization and evil forces personnel armed with machetes, ax to the factory demolition of violence, robbery, extortion, up to half a year, nearly one million robbery, the value of equipment, demolition of houses nearly a thousand square feet, our staff come forward to stop the lawless Christians have machetes and other weapons to take over the yard and chase the police several times for hh Check the complaint to the District Court, because of and twenty thousand square to the white house demolition. In the trial judge about the material, insisted that: Total fail, and in coordination with the Municipal Standing Committee Liu Yanlin to the District Public Security Bureau, fabricated lies, The 46 million relocation compensation and liquidated damages. by the district and municipal public security joint investigation, the fact that I have no criminal is simply false accusation against Zhangshi home. then make a
Third, planning kidnappings against me coordination meeting of the district police, prosecution, courts > which I take the initiative to find a district attorney to explain the situation Sheng Cong repair, and Zhang, who called for the prosecution in beating, smashing, looting of the crime, but Cong said: Otherwise, you should pay attention to the exclusion of h is not my attorney quit, it'll have you arrested and legal proceedings to go again ..... wrong with state compensation, not my personal pocket, we also know that Shi-family guilty, but can not grasp, pull out the carrot out of fear of mud ...... this is arranged by District Liu Yanlin secretary, whatever I do, against you to tell it, I have here another case two years ago Wu, Zou's instructions there, what's the use? to here is not that we have the final say! to leave it out when a report on reporter heard the news, in any case can not believe this broad daylight, rampant evil forces to such a degree, but after the field after the interview, as to vandalism incidents should cause alarm reply to the problem First, let out 10 million, 20 million, 33 million, so that more than half, Zhang was not satisfied with disabilities at home. Finally, it requested the white house demolition under the premise of twenty thousand square meters, and then drain on his 70 million yuan, or call me breakup of social public outcry hh . governed by the relevant level, the case can only be transferred to City inspection prosecution, but the city seized the fact that I have no criminal prosecution of the province, the provincial inspection also found not guilty, and informed review of Yantai City, the District seized. but check back volumes in the city, Liu Yanlin and coordinated area inspection, a serious breach of legal proceedings, bypassing the city directly to the district court review, the more absurd is also specifically made criminal procedure law are not allowed to well-known experts with the China Renmin University of China, Professor Chen Weidong's defense for me people on the grounds that I am 15 years imprisonment! I refused to accept, to Yantai in the Court of Appeal.
five, after sitting for two years of unjust imprisonment, I am namely reflect the corporate Human Rights Defenders for me Mingbu Ping, several follow-up reports from the public authority that evil forces into instruments of crime to seek illegal profits of vicious incidents; Wang Zuofu of well-known experts in criminal law, criminal law of, Chen Xingliang, Zhang Mingkai to form when the domestic demonstrated the most authoritative group of experts in criminal, but also made my comments do not constitute crimes joint appeal.
but was Yantai Shi-home control group in the Academy of Liu, vice president of the Chen Rongfang, even despite the media and the strong pressure of public opinion and most of the members of the Commission strongly opposed the trial, asked us to is a typical family using public power to help bilk Zhang is favoritism, is a crime! judge conscience ease, several times forced to cry in private.
my family and company employees has been to Provincial Discipline Inspection Commission Provincial Politics and Law Committee, High Court petition, the NPC petition, handing the leadership so many times in the hospital reported the case of Yantai City, Yantai Vice President Chen Rongfang but claims to be handling the case refused to report independently and help sheets those ideas with the large amount of money to buy the provincial Supreme Court justice, the Provincial Procuratorate, the Provincial Commission for Discipline Inspection on leadership. buy it everywhere, not a written letter of false accusation against the black people who uphold justice, serious prejudice to the justice and social stability.
in I appeal was seriously 10 months of extended detention cases, forced by pressure from all sides, Yantai Liu in the hospital group, Chen Rongfang and others have also threatened my family: removed, the remaining 46 million Caqianfei and not liquidated damages, do not constitute a crime, and immediately release; if we want to Caqianfei is guilty, let them go. I am again in prison for coercion. with hand baked me, desperation had to Yantai in the hospital in accordance with President Chen Rongfang into the drafting of a good argument to give up 46 million breach of contract commitments Caqianfei and rewritten the book again, and then I was bail, ending nearly two years in prison.
six, in the history of the cattle, level of housing, three months later, and the family of my repeated requests, the court notified by Yantai ZHIFU get me to the hospital in 2008 in Yantai in smoke Criminal Court issued two final word Judgement No. 17.
Order one surprise: the force of the process, now being written into the decision tactful! by the Yantai City Court issued a decision by all seen the many judges and lawyers are recognized as: corruption, the most absurd decision of lawlessness house and all the involved parties promised payments to the victims is limited to no longer have any claim to the other party; although a crime, because a good attitude, just a 17 million fraud, may be regarded as the circumstances are obviously minor, according to the law can no longer deal by crime.
day ride went with an experienced criminal defense Lingan's Counsel in the province. After I receive the verdict, that is to be read as the lawyers fast, did not think the lawyer was shocked after watching pale, could not believe his eyes: ? more surprising is that the remaining 46 million promised not to Caqianfei and liquidated damages, and will be able to complete demolition of the property involved, it becomes a performance ability, to become a 17 million because of fraud only if the circumstances are obviously minor , and do not press criminal handled?!! Oh, not personally seen,! gangster logic must not believe this decision is real! really opened the precedent of judicial corruption in China, and unprecedented ah! Qiu total, you make a fortune This collection of absolute value judgments, such as selling linked to the Internet to sell, certainly not less than a million! The judge has not yet read to gas fell to the ground: r more classic, a full reprint of r l confound right and wrong, but also written a creative decision, JI slip big thing in the world! Gao Institute of Shandong Province were carried out civil and criminal complaints for the other party to pay the outstanding 46 million yuan Caqianfei, breach of contract and related losses, and make sure I have no criminal through. But family control by ZHANG Shi Academy of Yantai in the group and Liu case personally to the High Court will be back to Yantai, has been shelved for nearly a year, the verdict is still seriously out of trial periods. and the preservation of the property seized shall not apply fully sealed in an attempt to pervert the law's decision to maintain its .
sinks and now the whole company and its related companies are evil forces, the whole back, the company was forced to close due to lack of management, workers were laid off, causing economic losses to the company a billion dollars.
I do not understand: a developer how much capability, competition can become corrupt officials are acting outside the law to benefit their own black thugs? case so clear and simple, so much of public opinion, media and leaders at all levels a high degree of concern, the evil forces are still so bold, lawless, it is shocking! Interestingly, the original people who uphold justice, are subject to varying degrees of exclusion and transfer out, and those who wrong case maker, have been promoted to varying degrees.
corrupt these corrupt Molecular Why can so rampant impunity? Who is the evil forces of the umbrella!? please help us find them so that they can be legally punished, but also do justice to the people!
Yantai Qiu Zhao Xuan injustice kidnap Second Instance of fraud Original
Yantai City Intermediate People's Court
Criminal Judgement (2008), the second sentence the final word smoke 17
former prosecutor Yantai City People's Procuratorate.
the appellant (the trial the defendant) Qiu Zhao Xuan, formerly known as Chiu Chiu months, male, 1963 September 25 Changyi born in Shandong Province, Yantai City Hongguo domicile in 55m9 number, Han, college education, Communist Party members, former Department of Health and Silk Co., Yantai the legal representative, manager, residing at the World Short Street, Yantai City 24m9 No. .2006 December 20 on suspicion of committing criminal detention contract fraud, the same year, was arrested Dec. 28; September 5, 2008 by Court bail.
defender Chen Weidong, Dong Wei, Beijing law firm.
defender into Xiaoming, Shandong Qianyuan Lawyer.
Yantai City People's Court of Yantai City People's Procuratorate of the trial the defendant accused of committing fraud and deception case Xuan Qiu Zhao, in the November 7, 2007 to (2007) Tobacco Zhi Chu Zi No. 398 Criminal criminal sentence. Qiu Zhao Xuan trial against the defendant, filed an appeal. the Court shall form a collegial panel, After marking, questioning the defendant, to listen to counsel's view that the facts of the case clearly decided not to trial. hearing has now concluded.
trial verdict, Yantai sinks and Silk Co., Ltd. (hereinafter referred to as sinks and Company) is foreign-owned enterprise, the defendant according to Xuan Qiu since November 2002 when the company was established as the legal representative of the company, the company registered address only in Yantai City, Yantai Chu Road 149 silk printing and dyeing the original hospital, the company is not any property in this hospital .2005 May 30, Yantai City Land Resources Bureau released listing of state-owned land use right transfer notice will include Chu Road 149 ZHIFU only silk printing and dyeing plant in Yantai, including the original land for the [2005] 27 cases to a listing, and provides for ground attachments by the buyer can be responsible for demolition of .2005 in May, according to Xuan Qiu defendant to sink and the name of the company in the room with the Beijing Real Estate Development Co., Ltd. (hereinafter referred to as Beijing in the Housing Corporation) signed a cooperation framework agreement, both parties agree to be jointly developed the land. Later, because the defendant according to Xuan Qiu and other reasons do not provide proof of ownership, the Housing Corporation out of Beijing.
2005 years 5 to 6 months, Yantai Newbridge Group Ltd. (hereinafter referred to as the bridge Group) in preparation for the competition to obtain the land, the defendant was introduced to Chiu Chiu Hin to negotiate compensation on demolition .2005 July 1, according to Xuan Qiu defendant to exchange and the company name with a bridge group signed a book Newbridge Group delisted within 30 working days after the Meeting and the companies within the region demolition of existing property rights or other legal instruments, exchange and bridge groups, bridge groups and companies that pay 20 million yuan exchange, delisted 90 working Newbridge Group paid 20 million yuan days, after the delisting of 120 working days, and the exchange and the company has completed the demolition by its commitment to the ground within the building, bridge group to pay 23 million yuan; sinks and company the scope of the demolition of the original hospital is a silk dyeing property rights exchange and the company all the land the building, the contract should be signed after the bridge Group stapled the legal representative of the requirements Zhangshi home, according to Xuan Qiu defendant, sent a group to give real estate bridge schedule (no company stamp), on the schedule set out in the real estate exchange and the company occupies an area of 2.64 million square meters, .2005, 6 July, competing in bridge group the right to use the state-owned land.
July 18, 2005, the defendant according to Xuan Qiu be returned to the Housing Department and the company on behalf of tenant rent, advance compensation payments from the bridge group .2005 200 million between July-August, according to Xuan Qiu accused the investment environment is not good, real estate business and so want to switch to dry the ground, to the Yantai City Investment Promotion Board requested the cancellation of foreign exchange and the company, because the council does not agree to cancellation, and in the same year on September 2 will sink and change the company's legal representative of the Republic of Korea Hsu Yung-letter. But Hsu Yung letter was in name only as legal representative are not involved in exchange and management of a company operation, the company still accused Qiu Zhao Xuan responsible. At this point, the Department and the company except with the bridge group signed demolition compensation contract, business are no more.
2005 �� 11 11, the defendant according to Xuan Qiu sinks and in the name of Youyi bridge group to ask for compensation in recognition of the accused according to Xuan Qiu proved once and timely delivery of real estate's commitment to the relocation, the new bridge Group Meeting and the company paid 15 million yuan. the defendant made by Qiu Zhao Xuan 1,700 yuan to buy a Muping buildings of Pegasus factory, his wife served as the legal representative of its revelation Silk Co., Ltd. Yantai (hereinafter referred to as the Apocalypse company) bought the name of Xing are trade Yantai Co., Ltd. (hereinafter referred to as Hing is the company) in ZHIFU Chu Road 149 only hospital in the real estate, buying on behalf of their daughter, Qiu Baoying Hotel Yantai Pa Fuer some of the properties. < br> 2005 �� 12 15, Yantai City Intermediate People's Court case to the bridge due to the implementation of other service groups assist in the implementation notice requiring the bridge to help freeze the Hing Group, was in ZHIFU Chu Road 149 just compensation for the hospital property section. Xinqiao Group was informed that, upon inquiry, sinks and in the land under the contract does not have any real estate, and in September 2, 2005 will be the legal representative of the defendant according to Xuan Qiu Xu, change the volume for the Korean letter. Shinbashi Chiu Chiu Hin Group and the defendant to no avail then several rounds of negotiations on May 10, 2006 to the Yantai City People's Court confirmed that the demolition request for compensation for the contract null and void, and ordered the return of exchange and the company and compensation for economic loss compensation. The next day, Yantai City Zhifu District People's Court delivered to the exchange and the company a copy of the complaint, the Department and the company declined, Yantai City People's Court subsequently served on the same day by way of notice to the Department and company documents served on May 21 .2006, Meeting and company principal place of business the company in Suzhou, Jiangsu Province grounds of objection to jurisdiction. In Yantai City People's Court decided to reject the jurisdiction of the Department and company objections, the Department and the basis of the same reasons the company filed an appeal.
also found that, according to bridge Group Xuan Qiu defendant alleged contract fraud reported to the public security organs, the defendant Xuan Qiu told the public security organs according to the survey, provided to the public security organs were inscribed the time March 2, 2005, March 10 and 15 March, the commissioning party for the high light, respectively, revealed the company and the Yantai Development Zone Heaven Silk Co., Ltd. (hereinafter referred to as the days pass the company), the trustees are the exchange and the company entrusted matters are disposal in the name of the Principal Chu Road 149 ZHIFU only property
trial found evidence of the facts mentioned above are:
(a) the original prosecutor provided the following evidence:
1, Li Qiang, the North's testimony of witnesses confirmed that the Housing Corporation and Department of Beijing and signed a cooperation framework agreement After; also confirmed the signing of the agreement of the time in May 2005, the defendant, Qiu Zhao Xuan's request in advance to March 28, 2005; The agreement is based on the defendant Qiu Zhao Xuan data provided by the Department and the company and its affiliates In the plot has about 2,7 million square meters on the ground and entered the building, which has repeatedly accused the floor to claim 2,7 million square meters of buildings and other information related to certificates of title, but the defendant in various reason to delay, because the defendant did not provide certificates of title, which makes both parties can not contract, can not predict the future delisting, in addition to the emergence of competitors, the company eventually dropped out of Beijing housing, documentary evidence, testimony.
2, ZHANG Shi-house witness testimony proved bridge and sinks Group signed a demolition compensation contract, the payment of compensation and relocation and the Department of Health and companies sued after the fact, etc.; also confirmed that prior to demolition compensation contract , accused the company of their sinks and speaking Chu Road 149 in the hospital only about 27,000 square meters of real estate, relocation compensation and the company signed the contract, payment exchange and corporate relocation compensation and prosecution of such exchange and the company's after the fact; also Lecture room with Beijing in the framework agreement of cooperation signed agreement Dismantling and Moving in the area is 27,000 square meters; at his request, after the signing of the contract to send the defendant a copy of Sun Bin and the company is not stamped with the seal of Health Property Details Table to his office, sending a copy of its call to the defendant company stamp of the list, but after the defendant has not agreed to send; December 2005 to assist the implementation of court to bridge Hing Group is the company's Relocation Compensation when, upon inquiry found that only the sink and in the hospital Chu Road 149 there is no real estate, legal representative of the company in September 2005 by the defendant according to Xuan Qiu Xu, change the volume for the Korean letter; the process of signing the contract, the defendant has never been their have said is the agency of others sink and disposal of property, until the bridge group to report to the public security authorities after May 20, 2006 or so, the defendant can hear police officers say the Wang Ming's testimony confirmed that the Group Meeting and the company signed with the new bridge after demolition compensation contract; also confirmed that the defendant had seen a property of its schedule, but I do not know when the defendant is provided to the family .4 Zhang Shi, witnesses Sun Bin Testimony confirmed that the company and the bridge sinks and Dismantling and Moving Compensation Group signed the contract after
; also confirmed July 2, 2005, the defendant allowed to list a property to the bridge group, which asked the defendant whether to affix the company seal, the defendant say these properties are assessed, and no company stamp, then the property of their schedule to the bridge group to the family of Zhang Shi; documentary evidence List party, specified in the contract site dismantling the relocation, relocation compensation, pre-operating costs and the payment of time to complete the demolition and removal of the time range of other content, which clearly set out the scope of the demolition of the original silk dyeing hospital are all on the floor B Property buildings.
6, witnesses Lihui Li, Rong Xu testimony of the letter confirmed the cancellation of the defendant required Qiu Zhao Xuan sinks and sinks and the company and change through the legal representative of the company; also confirmed that the letter is only nominal as Hsu Yung-legal representative, the company still operation and management of the defendant, the defendant has not spoken to the two sinks and Company and Newbridge Group signed the contract regarding the demolition compensation.
7, sinks and the company's change of business registration materials and the September 2, sinks and the company's legal representative from the Church to change according to Xuan Xu, Yung-Korean letter.
8, (2004) Zhi Zi 430ml smoke number Municipal Intermediate People's Court freeze the debtor requested to help bridge the Group are located in ZHIFU Xing Chu Road, only 149 building area of 3365.70 square meters of real estate relocation compensation fee.
9, Newbridge Group December 24, 2005 According to the defendant Xuan Qiu letter, confirming receipt of Newbridge Group Yantai Intermediate People's Court , Yantai City People's Court (2006) Chi Min Chu Zi No. 698 Second Civil clerical documentary evidence, confirming the bridge group and the company sued the Department of Health and the fact that companies responding to the negative.
11, smoking room Zhi Zi E131948 Warrant No. No. No. E135952 , 37 residential houses, a total area of 3332.73 square meters, and its per capita as the days pass ownership of the company.
1 2, smoking room the first 13,685 words from the certificate No. E on October 30, 2002, May 10, 2004 with the revelation of the two companies have signed Per capita ownership of the company for the apocalypse.
1 3, (1996) Zhi Zi 98m7 opening number Chiu illuminate the younger brother of the accused.
14, smoke room Warrant No. E126173 Chi Zi (that is, according to the defendant Qiu Xuan).
15, days through the company, revealed the company's br> 16, according to Xuan Qiu defendant's confession in the public security authorities confirmed that three and companies charged twice the amount of compensation bridge group and the specific whereabouts of such facts to use.
18, sinks and company to bridge the collection receipts issued by the Group, confirmed that sinks and company July 18, 2005, 2005 JCP received on November 11 bridge demolition compensation group, and 15 million yuan RMB 200 million yuan bank acceptance.
19, Auction Co., Ltd. Qingdao Zhenwei provided , confirmed the July 5, 2005, the defendant according to Xuan Qiu through the auction company won the bid price of 4.96 million yuan Ma Muping floor area of approximately 8,293.82 square meters factory buildings of the facts.
20, Yantai City Commercial Bank Asset Management December 30, 2005 receipt issued, smoke room warrants Chi Zi E111921, E111915, E111914, E111916, E111924 number mediation the people's court mediation, Xing is the company of five real estate license will be under the total 3365.70 square meters of five houses, one-time transfer and delivery to the apocalypse company.
21, Zhang was the source of the testimony of witnesses, the defendant in 2006, the daughter of Qiu Baoying March 4 Jianghai with real estate development company in Yantai Development Zone (hereinafter referred to Jianghai company) signed a , commissioned by the sale contract, Mudanjiang certificate issued by the COSCO Industrial Group, the escrow agreement notarized, notarial deeds, receipts and other documentary evidence collection, confirmed Qiu Baoying to 6.7 million yuan of the purchase price of the hotel Yantai Pa Fuer floor (part) to seven , nine to ten layers and the corresponding part of the basement floor area of approximately 3,381.44 square meters of housing and land a subsidiary, elevators, central air conditioning, water and electricity facilities, equipment and other facilities and equipment and assets; the purchase price of 900,939 yuan Yantai Pa Fuer eighth floor hotel real estate, construction area of 367.73 square meters.
22, proof of residence issued by public security organs, confirming the identity of the defendant Qiu Zhao Xuan situation.
23, the work issued by public security organs and other documentary evidence, According to Xuan Qiu Department confirmed the defendant was summoned appearing in court; after the incident, the public security organs in writing real estate management department Yantai City 90, North Road, Yantai Pa Fuer company name Jianghai 1-10 floor hotel real estate, Muping Pegasus Make plant and other property under the suspension.
(b) of the defender in the first instance court of first instance to provide the following evidence:
1, Zhi Zi smoking room Warrant No. E131948, No. E135952 No. No. No. E126173 E Branch on May 10, 2004 signed with the revelation of the No. respectively, revealed the company, Heaven companies, Qiu light, according to Qiu month, the trustees are the exchange and the company entrusted matters are and charge a corresponding amount, the trustees may also be entrusted with the matter to a trust third party The company has contractual capacity.
3, revealed the company, the day the company issued through a 149 Hospital Road, houses, collecting the appropriate compensation, the Department and the company has received 17 million yuan, the company agreed to temporarily by its hosted, where there is a dispute with a third person, borne by the company.
4, the Department and the company in July 1, 2005 the Group signed with the new bridge Demolition ...

No comments:

Post a Comment