Q: How did Ceng Chengjie get the right to develop the "Three Museums Plan"? How does its "Santing Company" operate?
A: In June, 2003, the government of Xiangxi Autonomous Prefecture of Hunan Province decided to develop the "Three Pavilions Project" as a whole, explicitly requiring the developers who bid not to sign contracts or entrust, and at the same time requiring the developers to have their own funds of 40 million yuan.
When Ceng Chengjie participated in the bidding of "Three Pavilions Project", there was no legal entity and no development qualification. He was affiliated with Shaoyang Construction and Installation Engineering Company, and then affiliated with Jishou Land and Housing Comprehensive Development Company, and participated in the bidding in violation of regulations in the name of Shaoyang Construction and Installation Engineering Company. It has no funds and no collateral. In order to pay the government a deposit of 40 million yuan for the development and investment project of "Three Pavilions Project", we borrowed 40 million yuan from Jishou Renmin Road Credit Cooperative in the name of Jishou Land and Housing Comprehensive Development Company, and the interest of the loan was 800,000 yuan, which was paid by borrowing from others. In order to win the "Three Museums Project", Ceng Chengjie bribed Du, the younger brother of the then governor of Xiangxi, with 200,000 yuan, and promised Du a return of interest, so that Du could find (sentenced for accepting bribes) to help him win the "Three Museums Project".
Ceng Chengjie's Jishou Land and Housing Management Comprehensive Development Company, Jishou Guang Cai Real Estate Development Company and Hunan Xiangxi Rongchang Group won the bid at the same time, and the government requested the "Three Museums Project" to set up a new real estate joint development company for joint development. Ceng Chengjie then signed cooperation agreements with two other companies in the name of Shaoyang Construction and Installation Engineering Company. By paying 2 million yuan and 6 million yuan to the two companies respectively, the other two companies withdrew from the development of the "Three Museums Project", and Ceng Chengjie obtained the overall development right of the "Three Museums Project".
Before the development of the "Three Pavilions Project", Ceng Chengjie actually had no funds. Before 1996, Ceng Chengjie borrowed1520,000 yuan from Shaoyang Baichun Credit Cooperative, which appealed it to the court. Although the two sides reached a settlement agreement twice, Ceng Chengjie never fulfilled it.
Sanguan Company was established for the development of "Sanguan Project" and after obtaining the development right of "Sanguan Project". The registered capital for the establishment of Sanguan Company was not Ceng Chengjie's personal or family investment, but came from the loan of 8.5 million yuan from Jishou Rural Credit Cooperative in 2004, and then Ceng Chengjie repaid the loan with this money. In addition, since Ceng Chengjie was a parole officer at that time, he could not be the legal representative of the company. Therefore, in Sanguan Company, Ceng Chengjie is the president, and his wife Deng Youyun is the legal representative and chairman.
It can be said that Ceng Chengjie completely used a kind of "karate" means and methods, without any input. The establishment and operation of the company and the "Three Pavilions Project" were all carried out through loans and illegal fund-raising. According to the regulations, the development of the "Three Museums Project" requires its own capital of 40 million yuan, and enterprises must invest registered capital and have development qualifications. Judging from the situation at that time, Ceng Chengjie did not have these conditions, and he was not a law-abiding person.
Q: When did illegal fund-raising in Ceng Chengjie begin? In the process of illegal fund-raising, why did Cheng Jie attract so many fund-raising households to participate?
A: In fact, before Sanguan Company was established, Ceng Chengjie began to raise funds illegally. On June 5th, 2003, Ceng Chengjie and others rented two offices on the fourth floor of Xiangyun Hotel, Wuling East Road, Jishou City, and set up the "Three Pavilions Construction Project Preparation Office". They began to falsely publicize in the local media that the "Santing Project" had been jointly developed by Shaoyang Construction and Installation Engineering Company and Jishou Land and Housing Comprehensive Development Company, and privately engraved "Shaoyang Construction and Installation Engineering Company in Jishou Development Department". Without any approval, the development department of Shaoyang Construction and Installation Engineering Company in Jishou City is the main body of fund-raising, relying on the "Santing Project" to illegally raise funds from the society.
Ceng Chengjie relies mainly on reckless high interest rates and high returns to trick the public into participating in fund-raising. From October, 2003 to August, 2008, Ceng Chengjie successively raised funds from the society by participating in the "Three Pavilions Project", subscribing for the real estate of the Three Pavilions, and subscribing for the commercial world house in Jishou, and the interest rate of raising funds gradually increased from 20% per month (10/.67%). At the same time, starting from September 2007, Ceng Chengjie also rewarded fund-raisers according to their different deposit periods, with a deposit of 250 yuan/10,000 yuan for six months and 500 yuan/10,000 yuan for one year. In July, 2008, the reward was increased to 300 yuan/ten thousand yuan for three months, 800 yuan/ten thousand yuan for six months, and kloc-0/200-1600 yuan/ten thousand yuan for one year. Reckless high interest rates and high returns directly led to the break of Ceng Chengjie's capital chain in September 2008, when it was unable to fulfill its promise to fund-raisers, which subsequently led to mass incidents and vicious incidents of self-immolation.
Q: What are the mass incidents and self-immolation incidents?
A: According to the evidence, three mass incidents occurred: First, the September 5th incident. On September 5, 2008, more than 10 thousand fund-raising people blocked the railway and railway station in Jishou City, seriously disrupting the normal railway transportation order; The second is the "September 24" incident. On September 24, 2008, the fund-raising people in Jishou city surrounded the Xiangxi Autonomous Prefecture government, blocked roads, smashed and looted the Xinyijia supermarket; Third, the September 25 incident. On September 25, 2008, thousands of fund-raising households surrounded the state government organs of Xiangxi Autonomous Prefecture, injuring many armed police officers on duty, breaking the doors, windows and glass of the reception room and duty room at the entrance of the state government, and the lawless personnel dismantled and smashed the state government brand, gathering onlookers 1 10,000 people. The traffic jam is serious, all shops are closed and the order is chaotic. Afterwards, the People's Court of Jishou City gathered several people for this matter.
The case of the self-immolation incident was that a fund-raising victim named Wu was laid off. After Sanguan Company announced that it would stop paying the principal and interest, other companies involved in fund-raising also stopped paying the principal and interest. According to his own statement afterwards, "because the fund-raising money could not be collected, I thought I was finished at that time, and there was no source in my life." I have no job, I have to raise my daughter, I just bought a house and I have to repay the loan. So I spilled gasoline on the sidewalk next to the state government, and my life was too stressful. After diagnosis, Wu suffered multiple burns all over his body, with a severe burn area of 38%, which constituted a seven-level disability. This is the most tragic consequence.
Q: What factors played a key role in the process of illegal fund-raising in Ceng Chengjie?
A: In addition to high interest and high return, false propaganda is an important fund-raising means for him. In Ceng Chengjie's media publicity, it concealed the real situation of the first-phase real estate sales and the fact that the "Santing Project" lost money, and falsely publicized in the media that the real estate developed by Santing Company sold well and there were many development projects, and the project area expanded from Jishou City in western Hunan to Changsha, Zhuzhou, Shaoyang and other large and medium-sized cities, thus deceiving fund-raising households. In addition, he also held a series of celebrations to show the so-called strength of the company, and exchanged money for the honor of the company and its individuals, expanded social influence, and defrauded the trust of fund-raisers. The above publicity expenditure is 9.8244 million yuan.
Q: According to previous media reports, Ceng Chengjie Sanguan Company is more like a family-owned enterprise. Is that so?
A: Yes. Because Ceng Chengjie was a parolee after being sentenced for intentional crimes when he was the legal representative of Sanguan Company, Ceng Chengjie was accused of not having the qualifications and conditions to be the legal representative, so he changed the legal representative and chairman of Sanguan Company to his wife, namely the defendant Deng Youyun (sentenced to five years and six months in prison), and his daughter was a cashier (sentenced to seven years in prison). As the actual controller of Sanguan Company, Ceng Chengjie's fund-raising form and scope, fund-raising interest rate, fund-raising purpose and foreign investment are all decided by Ceng Chengjie himself, and Ceng Chengjie firmly holds the right of illegal fund-raising in his own hands in this way. In addition, Ceng Chengjie also used Zeng Zheng to arrange the employees of the company to transfer the company's funds into an account controlled by individuals. In May, 2006, Ceng Chengjie arranged for Zeng Zheng to open six bank accounts in China Bank and other banks with his personal ID card to control fund-raising, and Ceng Chengjie and Zeng Zheng could control it at will.
Q: Ceng Chengjie's total fund-raising exceeded RMB 3.45 billion. Is this money really spent on the "Three Pavilions Project" that fund-raisers are familiar with?
A: According to the case file, the fund raised by Ceng Chengjie in the "Three Museums Project" is only 550 million yuan. Most of the fund-raising funds were not used for the development of the "Three Pavilions Project", but used to repay the principal and interest, pay the fundraiser's remuneration and rob Peter to pay Paul. The rest were illegally transferred, hidden or set up in the name of others by Ceng Chengjie, including many projects and companies invested in the name of others. The assets purchased with raised funds were transferred to Deng Youyun's name at RMB 65,438+0,996,5438+0,000, and individuals concealed a large amount of raised funds of RMB 654,380+0.53 million. In addition, Ceng Chengjie's daughter used fund-raising to do business alone, and used false invoicing and other means to collect more than 7.3 million yuan of fund-raising money for her own use, which was used to buy luxury cars and other profligate consumption.
Q: What did Ceng Chengjie's family do after Ceng Chengjie stopped paying principal and interest to fund raisers, which led to a mass incident?
A: In September 2008, Sanguan Company stopped paying the principal and interest to the fundraisers, which directly led to three mass incidents and 1 self-immolation incidents of fundraisers. From June, 5438 to October, 2008, Ceng Chengjie's wife, Deng Youyun, fled to Hainan, tried to leave the country under the pseudonym of "Lin Yijun", and tried to escape with a personal passport of "Lin Yijun", but failed in the end. After the police found Deng Youyun in Hainan, she also argued that she was Lin Yijun, not Deng Youyun.
Q: During the Ceng Chengjie incident, public opinion also paid attention to the amount of unpaid capital. The accounting appraisal result of Hunan judicial organs is 65.438+0.77 billion yuan, but Ceng Chengjie's defense holds that the actual unpaid financing principal registered by the fundraiser is 65.438+0.25 billion yuan, with a huge error of 520 million yuan. Why is this?
A: According to the authority of judicial organs, the total amount of illegal fund-raising from unspecified public in Ceng Chengjie is 3.452 billion yuan, of which the total amount of cash fund-raising actually received is 2.825 billion yuan, and the total amount of transferred fund-raising is 627 million yuan. Ceng Chengjie Company has returned the paid-in capital 168 100000000 yuan, including cash10540000000 yuan and transferred capital of 6270000000 yuan. There is still 177 10000000000 yuan of fund-raising money that has not been returned, which is the result of the judicial organ's determination according to the legal and effective appraisal conclusion. As for the statement that the outstanding financing principal before the incident was 65.438+0.25 billion yuan, there was no evidence to support it in the case. The people's court is "based on facts and taking the law as the criterion" in trying cases, and any statement without evidence cannot be accepted.
Q: Previously, the media had compared this case with Wu Ying's case and thought it was a fund-raising fraud case. The verdict is different and biased. what do you think?
A: Some media have compared these two cases. Wu Ying's case can't be compared with Ceng Chengjie's case in terms of the amount of crime, the number of people involved and the social harm. Judging from the amount of crimes, the case of Wu Ying illegally raised 773 million yuan, while the case of Ceng Chengjie was as high as 3.452 billion yuan. Judging from the social harmfulness, Wu Ying's case did not trigger social mass incidents. He accused others of committing crimes and was sentenced to death with a two-year suspension. The Ceng Chengjie case triggered three mass incidents, and one person set himself on fire, which caused great social harm. The Supreme People's Court tried Ceng Chengjie's fund-raising fraud case submitted for approval by Hunan Higher People's Court in strict accordance with the law, and his attitude was extremely cautious. After deliberation by the collegial panel and discussion by the judicial committee, it was considered that the facts identified in the original trial were clear, the evidence was sufficient, the conviction was accurate and the sentence was appropriate. Judging from the facts of fund-raising fraud in Ceng Chengjie, the amount of crime is extremely huge, which is the highest in similar cases over the years; The number of deceived people is also the highest in the past years. It not only seriously undermines the financial management order, but also causes particularly heavy losses to the interests of the country and the people, and also seriously affects the stability of the local society. The crime is extremely serious, and the death penalty should be approved according to law.
What if Hunan health code has blue code? What does this mean? Let's have a look!
Meaning of blu