Dołączył: 07 Lut 2011
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|Wysłany: Sob 9:36, 12 Mar 2011 Temat postu: Man to the crime of misappropriation of funds in c
The case then common enough in the past four years, the Court of First Instance after five judgments were four times Xinxiang City Intermediate People's Court remand, the last through the Henan Provincial High Court in the retrial, the trial was finally closed a total of six .
the scourge of land transfer payments
Shan-l is a typical little guy, but because somehow the effort.
2005 年 5 months, by the Bureau of Xinxiang City Commercial appointed as the king of good l Meat Co., Ltd Xinxiang City, Jinhui chairman.
Jinhui at this time the company is not only an empty shell, but also owes more than 320 million foreign debt. Matters worse, the king of good l months after taking office, the company operating the former chairman Zhang owed to the company Company accounts frozen by the court later, the vehicle also be sealed.
company operating in a difficult situation. At this point, the king of good l with the company and its clients other three directors Zhang Yue, Wang Guangfu,[link widoczny dla zalogowanych], Guo Yuejun, after discussions,[link widoczny dla zalogowanych], the company decided to all of the South Centre Jinhui the land use right transfer stations to save businesses.
end, Jinhui company at 280 million will be the land use right transfer stations to Xinxiang Sinopec oil company, paid 1.7 million yuan in advance, both sides agreed, the remaining 1.1 million yuan of oil to be Xinxiang approval of higher authorities after the company reported paid in full.
Jinhui company under the joint decision by several land-use right transfer station director's testimony, in view of the former chairman of the company being sued, the situation is complex, transfer stations, and the decision of land use rights have not been shareholders meeting to discuss their intention in this matter is fully operational again after the other shareholders of public good.
in Jinhui company account has been frozen, the creditor repeatedly bombarded with the case of arrears, Xinxiang oil companies to pay 1.7 million yuan was not enough debt. Shan-liter and Wang Guangfu, Guoyue Jun, Zhang Yue collective discussion, decided to try to make this 1.7 million yuan, rose by the king of good care, we mutually agreed necessary expenses for the company.
Wang Shan rise to 1.7 million yuan them out after the payment of land transfer 570,000 yuan, 380,000 yuan for projects and tax more than 140,000 yuan, and other miscellaneous expenses, the remainder being kept in more than 576,[link widoczny dla zalogowanych],000 yuan Shan-rise office.
subsequent investigation confirmed that neither the more than 570,000 yuan in cash into the bank, nor used for other purposes, but packed in a cardboard box, placed the king of good l in the house under the bed.
to August 2005, Goodwill has 3 months without wages. Wang and Zhang Shan rose again 3 to discuss music, etc., saved from their own land transfer payments, the sub-3 has come up with 145,000 yuan to Wang Jinhui company lent the name of the individual wages for workers, and clearly tell the cashier, not counting the interest.
2006 年 3 months, the king of good l leave the post of chairman, Zhang business to continue as chairman. Two months later, the company employees on behalf of Wang Shan Chen Huanhui rise in interest received a 1,000 yuan, Wang said after that, this part of the money can not receive, should be returned to the company.
Wang Shansheng and several other shareholders of the practice a clear violation of the financial system, eventually to be found --- August 23, 2006, Walker County Public Security Bureau on suspicion of detention, kept in their own homes in the Shan-l told his wife Wang Huifang: yuan after allowing the remaining 345,397.5 yuan to the Walker County Procuratorate. In the following
three trials of three sentencing
Shan-l was indicted, ushered in the constant appeal, continue to remand the cyclical ups and downs, and the results of the dramatic sentencing trial.
2007 年 1 24, Walker County Court of First Instance sentenced the crime of misappropriation of funds Wang Shan-liter 5 months detention. Good rise against the king, to appeal.
3 months later,[link widoczny dla zalogowanych], Xinxiang City Intermediate People's Court,
2007 年 10 on 10, Walker County Court sentenced again to misappropriation of funds, the king of good l 5 months detention.
Shan-liter maintains his innocence, and the second appeal. December 13 that year, Xinxiang in the hospital once again quash the original verdict, remand. Reason is still the
anticipated that the king of good l, in all the facts have not changed the circumstances, Walker County Court was in the third retrial, sentenced him to imprisonment for the crime of misappropriation of funds for 5 years.
third Wang appeal of good-liter, Xinxiang Intermediate People's Court ruled that the results of the criminal is still cassation, remand.
2008 年 7 25, Walker County 法院对该案 fourth verdict back to the starting point --- the king of misappropriation of funds was sentenced to 5 months of good-liter detention.
rise in the face of the king of good 4th appeals court in Xinxiang firm
2009 年 4 13, Walker County 法院对该案 verdict to the fifth to misappropriation of funds, the king sentenced to criminal detention, 9 months of good l, while the king recovered the possession of 86,000 yuan rise of good money.
the fifth king of good l appeal. But this time, Xinxiang Intermediate People's Court and the Court of First Instance in a stalemate but a few years later, to a 180-degree turn, found the king of good l possession and use his position to dispose of the amount of 145,000 yuan, and its behavior had constituted the crime of misappropriation of funds. Accordingly, the court in Xinxiang on June 11, 2009 ruling, dismissed the appeal and upheld the original verdict.
rose strongly against the king of good final decision, also the court in Xinxiang, a complaint was dismissed. Subsequently, Wang Shan rise to the Henan Province Higher People's Court of Appeals, insisted he had never had a penny to seek personal gain, the request was acquitted.
2010 年 5 months, the Henan Provincial High Court decided the case brought to trial. Meanwhile, in Henan Province in October 2010 Procuratorate of Henan Provincial High Court brought to the protest, the king found Xinxiang Intermediate People's Court sentenced the crime of misappropriation of funds of good l is not true.
Henan Provincial High Court for retrial that the king of good care of 1.7 million yuan rose gold and is responsible for the transfer of land required for company expenses, the decision was in the company accounts were frozen, the company operating under the premise is extremely difficult, by the directors, deputy general manager and principal to discuss the, and which has been used for the company 1,268,602.5 yuan necessary expenses.
Moreover, the land transfer fee of 14.5 million to Wang in the rise of good lending companies use personal capacity, but also by the person in charge of negotiation with the company after the decision, although the interest, but Wang did not use a penny of good l personal and has not paid interest and cause any damage.
retrial also identified, in addition to the company the necessary expenditure Jinhui 126,802.5 yuan, the king of good l have no unauthorized persons in the home 431,397.5 yuan deposited in the penny. Thus, while the king of good l keep his own name to their own units for use of funds lent to the fact that this unit is undoubtedly clear, but it does not constitute the crime of misappropriation of funds.
2010 年 11 22, the Henan Provincial High Court decision to withdraw the decision of a court of second instance, declared the king of good l guilty.
remand hidden reason behind
simple little fact that the case, why has experienced four remand? Why not commute court of second instance? What factors have led to cases in the first instance and second instance court, Facts not in dispute in the case, why such a big difference in sentencing?
a series of questions, did not rise as the King was acquitted of good end.
It is in this case, especially some of the background of complex cases, the lower court decision knowing the error, but because they can not transcend the hope that a higher court commuted; and do not want to take a higher court Under the So, now popular in the court system a Thus, there is again remanded this
Relations confused too stiff. retrial and remanded back to the last what different reasons. In this
Xinxiang in the hospital because of repeated when the remand and to bear some blame, the Henan Provincial High Court is also in the same way, the Court of First Instance ruling in Xinxiang many remand . The official confirmed that, in their hands, and now there is High Court remanded the case many times.
Henan Provincial High Court is clearly aware of this problem. September 16 this year, Henan Provincial High Court made Wang, vice president of wishful that in judicial practice, should minimize the remand, but the courts do exist now remand the case again, the protracted problem.
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