Zhao Xinxian's conviction

On the morning of June 27th, 2007, Zhao Xinxian, the former chairman of Sanjiu Group, was sentenced to one year and ten months' imprisonment by the Luohu District Court of Shenzhen for "the crime of abuse of power by state-owned company personnel". Along with the defendants, there were three senior executives of the former Sanjiu Group, He Rong. Three people were also found guilty of "abuse of power by state-owned company personnel" and sentenced to one year and seven months and one year and six months respectively.

In the court, except for the lawyers and family members of the four defendants, there were almost no others in the gallery. The judge only sentenced 10 minutes. The four men were sentenced because when they decided to acquire the equity of Hong Kong Changteng Company in 2000, and then took control of Meisha Seaview Golf Project (i.e. Sanjiu Dalong Health City Project) in Longgang District, Shenzhen, they "exceeded their authority or actively promoted the signing and performance of the equity acquisition agreement involved, which caused great losses and adverse effects to Sanjiu Enterprise Group". ancestors

Zhao Xinxian stepped down as chairman of Sanjiu Group in May 2004. At this time, the enterprise is heavily in debt and is in danger. In mid-2005, the National Audit Office intervened in Zhao's resignation audit, which exposed the problems of the Sanjiu Dalong Health City project. This project was originally established by Hong Kong Jinwanli Company and pingshan town Municipal Government of Longgang District on 1994, and was taken over by Sanjiu Group after several twists and turns, costing 470 million yuan. Because the land use right certificate was not obtained before and after the acquisition, the project is still in a state of stagnation.

audit

In the "Audit Points", the National Audit Office pointed out that "the whereabouts of some funds purchased by this project are unknown" and suggested that the judicial organs file an investigation. Shenzhen Public Economic Crime Investigation Bureau intervened in the investigation. Zhao Xinxian was detained in criminal detention on June 5438+065438+1October 2 1, and was arrested on February 23 of the same year by the Shenzhen Municipal Procuratorate. Chen, Zhang and Rong, who facilitated and helped complete the transaction of the Health City project, were also detained and arrested in the same period.

Before Zhao and other four people were tried, Xu Dezhi, former president and party secretary of Sanjiu Brain Hospital, Cui, former chairman of Sanjiu Brain Hospital and president of Shenzhen Sanjiu Hospital, and Lin Changxing, former general manager of Sanjiu Property Development Co., Ltd. were sentenced for corruption, bribery and other crimes. The Zhao case was once regarded as the "highlight" of the Sanjiu series. As many as 10 copies of Zhao were investigated in this file, but the final cause of prosecution did not involve other enterprises or projects outside the Health City affiliated to Sanjiu Group. Zhao and four other senior executives of Sanjiu Group were charged with far less crimes than Cui and Lin Changxing.

prosecute

The indictment shows that the investigation of Zhao and other four people involved in the case was terminated by the public security department as early as May 19, 2006 and handed over to the procuratorate for review and prosecution. However, the investigation was withdrawn twice in July and September of that year, and the procuratorate asked the public security organs to supplement the investigation. Finally, it was transferred to Luohu Procuratorate on June 25th, 2006. According to the public prosecution data, Zhao and others decided to buy 470 million yuan from Sanjiu Health City, and paid it in two installments through tortuous channels such as mortgage and dividend, but it did pay the seller. It just failed to fulfill the statutory approval and decision-making procedures, which ultimately damaged the enterprise.

During the trial, Zhao admitted that he monopolized the power of Sanjiu Group, and there was a so-called "Sanjiu system" in which "individuals have the final say", and did not deny the decision and deployment of purchasing Sanjiu Health City. However, "the court's judgment proves that all previous speculations about Zhao Xinxian's alleged economic problems are false." Zhao Xinxian's lawyer Zhu Yonghui told Caijing reporter.

In the face of the first-instance judgment, Zhao Xinxian decided not to appeal after "comprehensive consideration". The other three and the prosecutor did not appeal. If there are no accidents, the judgment of first instance will take effect in ten days. Due to the deduction of detention time, Zhao's sentence will expire on September 20th, 2007. The sentences of the other three people expired on June 2, 20071day and June 22, 2007, respectively. Before the verdict was pronounced, the other three people were released on bail pending trial.

On February 14, 2007, Luohu District Procuratorate prosecuted Zhao Xinxian and other four people for allegedly "exceeding their powers and abusing their powers" in the Sanjiu Health City project, and prosecuted them for "abusing their powers by state-owned company personnel". In addition, Chen, Zhang and Rong were accused of defrauding foreign exchange to pay Hong Kong businessmen after the completion of the project of purchasing a healthy city, committing the crime of defrauding foreign exchange. However, the court finally did not agree with this accusation.