How was the Junyou Group case judged in court?

How was the Junyou Group case judged in the court

The Gulou District People's Procuratorate of Nanjing accused that from August 212 to the time of the crime, the defendant Zhang Lianqin (handled separately) successively registered and established Nanjing Junyou Tourism Consulting Co., Ltd., Jiangsu Junyou Investment Management Co., Ltd., Zhejiang Junyou Tourism Development Co., Ltd. and other companies (declared as Junyou Group or Junyou Company) to lease Nanjing. By recruiting salesmen, issuing leaflets, making phone calls, bringing old customers to new ones, etc., on the grounds of investing in room rental and wealth management for the elderly, paying high interest as bait, promising to repay the principal and interest when due, and illegally raising funds from unspecified objects in society.

Defendant * * * * joined Junyou Company in February 213, and successively served as salesman, trainee supervisor, supervisor, senior supervisor, trainee manager, manager and trainee director. After audit, Defendant * * * * and his team illegally absorbed deposits from 116 fund-raising participants such as Mao and Wang in the above way, totaling RMB 14.75 million.

on September 7, 22, the defendant * * * * was in Xiushan county, Chongqing.

Case facts

In order to confirm the above facts, Zhang Lianqin, Chen Mou IV, Zhu Musi, Ling Mou, Zhang Moer, Xu Mou and Li Mou, co-defendants, were supported by documentary evidence such as promotion registration form, salary system, commission scheme, reward system, salary notice, salary table, commission form, application form for refund of bills, application form for discounting due rooms, membership sharing registration form, pension management project and business process. The testimony of fund-raising participants Mao, Wang, Chen Mou, Xu, Pan and others, the search record made by the Gulou Branch of Nanjing Public Security Bureau, and the confession and excuse of the defendant * * * * * confirmed that the defendant's behavior constituted the crime of illegally absorbing public deposits. At the same time, it was found that it had a frank plot, and it was required to be based on the first paragraph of the Criminal Law of the People's Republic of China.

Defendant * * * * basically recognized the facts accused by the public prosecution agency, but argued that Junyou Company was legally engaged in pension holiday projects, and it only took customers to travel and introduced tourism projects to customers according to the company's regulations, and did not force customers to choose wealth management products. Subjectively, it had no subjective intention to illegally absorb public deposits, and its behavior did not constitute the crime of illegally absorbing public deposits.

It was found through trial that from August 212 to the time of the crime, the defendant Zhang Lianqin (handled separately) successively registered and established Nanjing Junyou Tourism Consulting Co., Ltd., Jiangsu Junyou Investment Management Co., Ltd., Zhejiang Junyou Tourism Development Co., Ltd. and other companies (declared as Junyou Group or Junyou Company) to lease Nanjing, and invested in room rental and investment by recruiting salesmen, issuing leaflets, making phone calls and bringing new customers to old customers.

Defendant * * * * joined Junyou Company in February 213, and successively served as salesman, trainee supervisor, supervisor, senior supervisor, trainee manager, manager and trainee director. After audit, Defendant * * * * and his team illegally absorbed deposits from 116 fund-raising participants such as Mao and Wang in the above way, totaling RMB 14.75 million. It was also found out that on September 7, 22, the defendant * * * * was in Xiushan County, Chongqing, and he basically truthfully confessed the fact that he participated in illegally absorbing public deposits.

The above facts include the basic information of the permanent population of the defendant * * * * *, the case acceptance registration form, the case filing decision, the incident and arrest process, the fugitive registration form, the description, the industrial and commercial registration registration materials, the promotion registration form, the salary system, the commission plan, the reward system, the salary notice, the salary table, the commission table, the application form for returning the bill, the application form for discounting due rooms, the membership sharing registration form, and the pension management project. Co-defendants Zhang Lianqin, Zhang Mou San, Chen Mou Si, Zhu Mou Si, Ling Mou, Zhu Mou, Hu Mou, Zhang Mou Si, Ling Mou Er, Yang Mou, Yin Mou, Shen Mou, Lin Mou, Zhu Mou Er, Zhang Mou Liu, Zhao Mou Er, Xu Mou, Zhang Mou Wu, Liu Mou Er, Jiang Mou, Zhao Mou Er, Zhang Mou Er, Zhu Mou San. The statements of fund-raising participants Mao, Wang, Chen Mou, Xu, Pan, etc., the appraisal report issued by Nanjing Yicheng Certified Public Accountants Co., Ltd. (22) No.4583 on the case of * * * * * participating in the "Junyou case" suspected of illegally absorbing public deposits, the search transcript produced by the Gulou Branch of Nanjing Public Security Bureau, and the confession and defense of the defendant * * * * * were confirmed. After cross-examination in court, the above-mentioned evidence is legal and valid, and mutual confirmation is enough to prove the facts ascertained by our hospital.

Court's opinion

This court believes that the defendant * * * * violated the national financial management laws and regulations, and without the approval of the relevant departments, participated in illegally absorbing funds from unspecified public, disrupting the financial order, and the amount was huge. His behavior constituted the crime of illegally absorbing public deposits, which constituted a crime with others and should be punished according to law. After the defendant * * * * was brought to justice, he basically confessed the facts of the crime truthfully, which was frank and could be given a lighter punishment according to law. The People's Procuratorate of Gulou District, Nanjing sued the defendant * * * * for the crime of illegally absorbing public deposits. The facts were clear, the evidence was true and sufficient, and the charges and applicable laws were correct, which was adopted by our court. With regard to the defendant * * * *'s opinion that his behavior does not constitute the crime of illegally absorbing public deposits, after investigation, the defendant * * * *'s confession, accomplice statement, notice of personnel change, bank transaction details and other evidence can be mutually confirmed, confirming that * * * * has worked in Junyou Company since February 213, and has been promoted from salesman, supervisor and manager to director for many years, and is familiar with the company. After the defendant * * * * was brought to justice, he made a basic confession about the specific behavior, working mode, royalty distribution and other facts of his participation in illegal fund-raising. Although he defended the nature of his behavior during the trial, he still recognized the basic facts, and it can be considered that he has a frank plot and can be given a lighter punishment according to law. Considering the defendant's criminal facts, circumstances and degree of social harm, our court gave him a comprehensive sentence. In order to maintain the financial management order and punish the crime, combined with the facts, nature, circumstances and the degree of harm to society of the defendant * * * *, according to the provisions of Article 176, paragraph 1, Article 25, paragraph 3, Article 67, Article 52, Article 53 and Article 64 of the Criminal Law of the People's Republic of China, the verdict is as follows:

(The term of imprisonment shall be counted from the date of execution of the judgment. If a person is detained before the execution of the judgment, one day of detention shall be reduced to one day of imprisonment, that is, from September 7, 22 to March 6, 225. The fine shall be paid in one lump sum within ten days from the effective date of this judgment. )

Second, order the defendant to * * * * to compensate the economic losses of the fund-raising participants jointly and severally within the amount of losses caused by his participation in the crime.

If you refuse to accept this judgment, you can appeal to the Intermediate People's Court of Nanjing City, Jiangsu Province through our court or directly within ten days from the second day of receiving the judgment. If a written appeal is made, one original and two copies of the appeal shall be submitted.