Who sent Mou Zhongqi in?

Mou sent himself to prison. The business tycoon was suspected of letter of credit fraud.

Mou got out of prison. For many young people, this is undoubtedly an extremely strange name. Who is Mou Zhongqi? He started in 300 yuan and became the "richest man" in China. 1999 was imprisoned on suspicion of L/C fraud, and he was also named "the first person to defraud" by the outside world. His story can't be finished in one or two sentences.

Mou, former chairman of Nande Group, 1940, from Wanzhou, Chongqing. A controversial figure who once shouldered the title of "the richest man" and "the first liar" in China.

Mou, the first generation of private entrepreneurs in China, is best known to the outside world for three things that are regarded as commercial miracles so far: canning airplanes, launching satellites and trying to develop Manzhouli.

1980, Mou resigned from public office, borrowed money from 300 yuan and founded the first private joint-stock enterprise-Sino-German Store after the reform and opening up, and started from this, and finally settled the company in Beijing.

199 1 year, after deeply studying the economic triangle between China, the United States and Russia, Mou exchanged more than 800 wagons of daily necessities, light industrial products and mechanical equipment from more than 300 factories in China for four Tu-154M passenger planes from Russia. Then he resold the plane. He claimed to have earned 80 million to 654.38 billion yuan from this "resale". It is said that this transaction also became the largest barter transaction in the history of Sino-Russian folk trade at that time.

This legendary "can for plane" transaction made Mou famous. However, since then, he has fully demonstrated his "crazy" nature and thrown out an amazing investment plan. These include the famous development of Manchuria and the launch of Russian satellites.

1995, Yuanhang-2 satellite invested by Nande Group was successfully launched at Baikonur launch site in Russia.

1996, the Nande Group, the International Satellite Organization and the Russian Aerospace Information Corporation signed an agreement to operate 1 and 2 satellites ... However, in 1996, the Nande Group transferred its equity in Xing Hang Satellite to the International Satellite Organization.

1In September 1997, Mou proposed "exclusive investment" 10 billion yuan to develop Manzhouli and build "Hong Kong in the North", but in the end the actual investment of Nande Company in Manzhouli was less than 10 billion yuan.

Other "crazy" project ideas in Mou Zhongqi include:

1In June, 1993, Mou held a press conference in Chongqing, saying that Nande Group will cooperate with Chongqing University to transform Chongqing Shancheng Hotpot, and realize annual sales income of10 billion yuan within five years;

1September, 1997, Mou also said that Nande Group is carrying out a large-scale integrated circuit project, claiming that it plans to produce chips with an operation speed of1000000000000000000 times in 6~8 months;

He also thought about immigrating China people to Africa in batches, and even wanted to blow a big hole in the Himalayas to let the warm wind bring rain to benefit the people. ...

However, his thoughts can only stay on paper. Well-known financial writers believe that after Mou completed the transaction of "changing cans for airplanes", "he didn't do a business seriously"

Despite being "crazy", Mou established his "Southern German Empire" on his own:1In February 1995, Forbes listed Mou as the fourth richest man; There are more than 20 enterprises and 7 research institutes at home and abroad, with total assets of 2 billion and net assets of 900 million ranging from 65438 to 0994. Among them, Mou's personal wealth exceeds 2 billion yuan.

During his 76-year career, Mou was imprisoned three times and released three times, and spent 23 years in prison.

In the 1990s, the light industrial products of 1000 wagons were exchanged for four planes with the picture of 154, which became an important foundation for the development of Sichuan aviation at that time.

199965438+1On October 7th, Mou was arrested on his way to work, and was taken to Wuhan No.2 Detention Center the next day. Later, he was sentenced to life imprisonment in 2000 because of the "letter of credit fraud case" of Nande Group. Later, because of his good behavior in prison, he was sentenced to several reduced sentences.

On September 27th, 20 16, after losing personal freedom for nearly 18 years, Mou walked out of Hongshan prison in Hubei Province, where he had served his sentence for 16 years.

In August and September last year, when he visited Mou, Mou once said, "Next year (20 16), the Nande experiment will enter a brand-new stage." Mou once said: "After I go out, I will rebuild a commercial system within ten years. No matter how well the theory is written, it still needs to be tested by practice. Unlike those economists and theorists, I found a set of theories myself, and I can prove it myself. "

1August, 99718-19, the plaintiff was China Bank Hubei Branch, and the defendants were Hubei Light Industry, Guiyang Bank of Communications and Nande Group in turn. The Higher People's Court of Hubei Province publicly heard the case of the dispute between the advance payment of the letter of credit and the letter of guarantee.

1June 1998, Nande Group received a civil ruling from the Higher People's Court of Hubei Province on March 23, 1998. The ruling stated that during the trial of the case, it was found that the relevant personnel of the case were suspected of committing a crime, and the relevant departments had filed a case for investigation, so it was ruled that the lawsuit should be stopped.

199965438+1October 7, Mou was criminally detained in the streets of Beijing by plainclothes people who claimed to be Wuhan police, and the column of charges on the detention certificate was blank; On the same day, the headquarters of Nande Group was sealed up and its employees were dismissed. On February 5th of the same year, Mou was arrested with the approval of Wuhan People's Procuratorate on suspicion of fraud by letter of credit, and was executed by Wuhan Public Security Bureau on February 8th of the same year.

1 999165438+1October1,Nande Group, Mou and other cases of letter of credit fraud were heard in public in the Grand Chamber of Wuhan Intermediate People's Court.

On May 30, 2000, Wuhan Intermediate People's Court sentenced Nande Group and Mou to life imprisonment and deprived of political rights for life for the crime of letter of credit fraud. Xia Zongwei was also found guilty and exempted from criminal punishment.

On May 3, 2000, Kloc-0, Hubei Branch of Bank of China publicly stated in Changjiang Daily that as a "victim" who lost nearly 300 million RMB in the L/C fraud case of Nande Group, Hubei Branch of Bank of China was unwilling to comment on the trial result. The relevant person of the bank said that the criminal trial has nothing to do with BOC, and Hubei BOC said that after the case is concluded, civil litigation will continue according to law.

On June 5, 2000, Nande Group, Mou and Mu refused to accept the appeal. At the same time, a formal letter was sent to the Wuhan Intermediate People's Court. In order to be responsible for the society, the fines imposed by the court and the employees of Nande, he decided to authorize the establishment of the board of directors of Nande Group to preside over the comprehensive liquidation of the claims and debts of Nande Group and carry out related litigation work. The board of directors of Nande Group is composed of comrades who are still willing to continue their work in the past leadership of Nande Group. The list is: Xia Zongwei, Wang Mingquan, Liu Jianhe, Zheng Pingchuan and Mou Feng. The Council elected Xia Zongwei as Executive Director.

On August 22, 2000, the Higher People's Court of Hubei Province issued a public verdict and made a final judgment: the appeal was dismissed and the original judgment was upheld.

On September 1 day, 2000, Mou was transferred from Wuhan No.2 Detention Center to Hongshan Prison in Hubei Province to serve his sentence.

2001165438+1On October 27-30, the Intermediate People's Court of Suizhou City, Hubei Province continued to hold a hearing on the civil case of disputes over advances and guarantees of letters of credit, with China Bank Hubei Branch as the plaintiff and Hubei Light Industry, Guiyang Communications Bank and Nande Group as the defendants.

On June 23, 2002, 65438, Suizhou Intermediate People's Court made a first-instance judgment according to law: all the money paid by China Bank Hubei Branch and the added interest were repaid by Hubei Light Industry, and Guiyang Bank of Communications was jointly and severally liable for repayment; Nande Group has no direct legal relationship with China Bank Hubei Branch, and Nande Group is not the debtor of the creditor's rights under the letter of credit. It is concluded that when Hubei Light Industry applied to open the L/C, the L/C agency import agreement between Nande Group and Hubei Light Industry did not exist, but was signed by Nande Group at the end of September of the same year at the request of Hubei Light Industry because the Wuhan Public Security Bureau investigated the fraudulent opening of L/C-0/996 in August. On February 5, 2002, Guiyang Bank of Communications refused to accept the judgment and appealed.

On May 27th and 28th, 2002, Hubei Higher People's Court held another public hearing to hear this civil case.

On July 12, 2002, the Higher People's Court of Hubei Province made a final judgment according to law: the appeal was rejected and the original judgment was upheld.

Guiyang Bank of Communications refused to accept the verdict and appealed to the Supreme People's Court again.

On June 5, 2002, 5438+February 5, 2002, Hubei Gaofa delivered four other rulings to Nande Group, stating that "because the relevant cases in this case were submitted for retrial according to law, this case must be based on the trial results of such cases. Therefore, the case was suspended according to law. "

On February 8, 2003/KLOC-0, the Nande Group received the civil ruling made by the Supreme People's Court on June 29, 2002 165438+ 10, ruling: 1. Instruct the Higher People's Court of Hubei Province to form another collegial panel for retrial; Two, during the retrial, suspend the execution of the civil judgment of Hubei Higher People's Court.

On March 9th, 2003, 19, Nande Group, Mou and the Supreme People's Court formally submitted a criminal complaint and attached evidence 125 page, demanding that the letter of credit fraud case be retried according to law and the truth of the incident be restored.

On February 10, 2004, the board of directors of Nande Group received a telephone notice from the Second Court of Hubei Higher People's Court, and officially started the retrial procedure of related civil cases in Nande.

On March 9, 2004, Xia Zongwei, the agent of Nande Group, officially received a civil retrial summons. According to the summons, the case of Nande Group's letter of credit advance and guarantee dispute is scheduled to be heard in public in the new trial building of Hubei Higher People's Court from March 30 to April 2, 2004.

On March 26th, 2004, Xia Zongwei, the agent, received a special telephone notice from Hubei Gaofa: "Adjournment"; On March 29th, a written notice of adjournment was officially received.

On June, 2006, 65438+ 10/day, the Provisions of the Supreme People's Court on Several Issues Concerning the Trial of Letter of Credit Disputes (Law Interpretation No.2005 1 3) was officially promulgated and implemented.

On July 6th, 20 1 1, the Third People's Court of Hubei Provincial High Court telephoned the agent Xia Zongwei to prepare to resume the civil retrial, and said that the trial would be held in September.

201111,when Xia Zongwei asked about the specific court session time, Hubei Gaofa replied by telephone: the court session will be postponed until the leadership of the court changes and the new president takes office.

Four years later, on March 25th, 2065438+2005, Xia Zongwei, the agent, was informed to resume the trial, and received the official Civil Retrial Summon issued by Hubei Gaofa on March 28th, 2065438+2005.

20 15, 16, and the notice of recess was received on April 6.

This is the fourth extension since the trial of 1998 in August.

On July 3, 2065438, Kloc-0, Mou once again entrusted a lawyer to formally submit a written criminal complaint to Hubei Gaofa.

On August 2 1, 2065438, the agent Xia Zongwei received a retrial notice from Hubei Gaofa, and on August 24, he received a summons from Hubei Gaofa and a notice of the pre-trial meeting.

On September 20 15 14 and15, the collegial panel of Hubei High Court held a two-day pre-trial meeting.

2065438+On September 22nd, 2005, Hubei Provincial High Court retried the case of the dispute over the advance payment and guarantee of the letter of credit of Guiyang Bank of Communications, in which the plaintiff was China Bank Hubei Branch and the defendants were Hubei Light Industry, Guiyang Bank of Communications and Nande Group.

On may 26th, 20 16, the agent Xia Zongwei was informed that the retrial judgment had been made.

On may 30th, 20 16, agent Xia Zongwei received the final judgment of civil retrial of Hubei high court. The final judgment ruled that Nande Group was not a party to the letter of credit case of Hubei Bank of China and had no direct legal relationship with the letter of credit. Hubei Bank of China's letter of credit prepayment is repaid by Hubei Light Industry, and Guizhou Bank of Communications is jointly and severally liable for repayment. The final judgment confirmed that the judgments of 200 1 and 2002 were correct. In the final ruling, the main facts ascertained in the retrial are consistent with those ascertained in the first and second trials.

The final ruling refers to Article 8 of the Provisions of the Supreme People's Court on Several Issues Concerning the Trial of Letter of Credit Disputes promulgated and implemented on June 65438+ 10/2006, and determines that Nande Group is not a party to the legal relationship of the letter of credit in this case; Referring to Article 16 of the Provisions of the Supreme People's Court on Several Issues Concerning the Trial of Letter of Credit Disputes, it is concluded that "the guarantee provided by Guizhou Branch of Bank of Communications in opening a letter of credit is true, legal and effective, and it shall bear joint and several liability for guarantee".

At this point, this civil dispute, which lasted for 18 years, finally came to a procedural end.

On May 30, 20 16, the agent of Nande Group inquired in Gaofa, Hubei Province that the criminal complaint filed by Nande Group and Mou had been formally filed on May 20 1 20 15 after the first trial by the filing court.

On July 27th, 20 16, the agent Xia Zongwei was informed again that the presiding judge of the appeal retrial had been changed. The president said: "The case has been filed, please wait patiently." Xia Zongwei said that after the civil retrial finally ruled that Nande Group was not the subject of the legal relationship of letters of credit, he believed that the criminal complaint of L/C fraud based on the same legal fact between Nande Group and Mou would soon be legally and fairly ruled.