From August 20 15 1 1 to August 20 19, the staff of Newland Anhui Branch tricked investors into buying the company's services such as "stock recommendation and trading point control", claiming that buyers can enjoy "private placement and institutional cooperation to raise the stock price". In fact, it is a set of layers, and there is no related "service" at all.
Recently, China Judgment Document Network published the first-instance judgment of the first-instance court on the employees of the Development Department 17 of Xinlande Anhui Branch and the judgment of four managers of this company four months ago, which uncovered the fraud routine of this company.
A set of five steps.
Even consulting companies with investment consulting qualifications are not necessarily reliable.
Shanghai Xinlande Securities Investment Consulting Co., Ltd. (hereinafter referred to as "Xinlande") is qualified to engage in securities investment consulting business. 2065438+September 2005, Xinlande Anhui Branch was established in Hefei, Anhui.
An investment consultant with a securities qualification certificate in Newland said that he works in the media department of the company, recording and analyzing the stock market and broadcasting it on TV stations or websites. When he communicates with customers, he only expresses his views on the broader market and does not recommend stocks.
Newland claims to provide four main services: the annual service fee is 25,800 yuan and 98,000 yuan, the investment amount is 10%, and the investment amount is 30%. Among them, the minimum services include stock recommendation, trading points and so on. Upgrading a file is that the chief teacher provides the above services; The last two files are linked to the investment amount, which increases the company's "service" of "using private placement and institutions to raise the stock price".
According to the disclosure of the judgment, the fraud of Xinlande Anhui Branch is mainly divided into five steps.
In the first step, the New Rand Investment Consultant recorded the video and played it on TV stations, websites and other media to attract customers to contact the company through QQ number, QR code or WeChat to achieve the purpose of drainage.
In the second step, the marketing department of Xinlande Anhui Branch sent the profit chart and transaction list recommended by the "teacher" to successful customers, boasting the strength of the "teacher" and urging customers to pay the down payment and purchase the company experience service.
In the third step, the development department of Newland Anhui Branch exaggerates the strength and role of the company's "chief teacher" or "core team" to customers. Customers must pay an annual fee if they want to operate according to the stock. Customers who pay the annual fee will be invited to enter the "core QQ group".
The fourth step is that the "core QQ group" has only two to five real customers. There are the company's "teacher number" and "assistant number" in the group, and there are forty or fifty "comrades-in-arms numbers". The head of the development department pretends to be the "chief teacher" to operate the "teacher number" in the core QQ group, and fictionally launches a plan to cooperate with private equity and institutions to boost stocks; The salesman pretends to be a customer to operate a "comrade-in-arms", falsely publicizes a "customized plan", sets off a "master engineer" and above plans, and falsely claims that he has participated in it before, making a profit of more than 60%; "Teachers" and "comrades-in-arms" will also contact customers privately, and luring customers to participate in the above plans can make them profit and cheat customers' trust.
However, even after customers pay a high service fee, the company does not provide the so-called "service" to boost stocks, and still sends stock information and recommends stocks to customers like ordinary services.
This is the fifth step, and the development department gives the customer to the company's customer service department. The customer service department continues to send stock information and recommend stocks, and handles customer complaints and refunds.
From 20 15, 1 1 to 20 19, Newland Anhui Branch defrauded 805 people and defrauded 257.57 million yuan of "service fee". Before the incident, it had refunded 33.03 million yuan, and actually defrauded 227.24 million yuan. After the incident, Newland Company has refunded RMB 0.1.81.70 million, and the public security organ has frozen the account of Newland Company of RMB 83.26 million.
2 1 person was sentenced, and 3 of them were related.
This is a gang crime.
According to the judgment, Cao is the head, general manager and legal representative of New Rand, and is responsible for the docking between the company and the media, business promotion and customer drainage. He is from Hefei, Anhui. Cao Shiying, the head of Xinlande Anhui Branch, is also from Hefei, Anhui.
The court of first instance held that Cao and Cao Shiying fabricated facts and concealed the truth for the purpose of illegal possession, which constituted the crime of fraud. They play a major role in the crime of * * * and are the principal offenders. The other two executives are accomplices.
Cao and Cao Shiying were arrested by the public security organs in Xinlande Anhui Branch on August 30th, 20 19, and the other two voluntarily surrendered themselves to the public security organs. Also arrested on the same day were the staff of the company's development department.
Four executives, including Cao and Cao Shiying, voluntarily pleaded guilty and pleaded guilty, but requested a lighter punishment.
Cao's defender said that 50% of the fraud amount can be returned by the stolen goods returned by Newland Company and the seized funds, which will alleviate the damage results to some extent; After committing a crime, he can truthfully confess the facts of the crime, plead guilty and admit punishment, which is the first offense.
Later, the defender of a vice president of Xinlande Anhui Branch who voluntarily surrendered said that the vice president thought that he was engaged in legal work and lacked legal awareness, which led to a crime and surrendered immediately after the incident; The company development department mainly implements fraud, and the department in charge of the vice president only plays an auxiliary role.
The judgment issued by the court recently sentenced a vice president, two development ministers and 14 salesman in charge of the development department of New World Anhui Branch.
Yue Nan is the vice president in charge of the development department. He is also from Hefei, Anhui. In his written opinion, he pointed out that his subjective sense of crime was not strong and he was cheated by the company. His brother and brother-in-law were involved in the case (editor's note, he was a salesman in the company's development department and was also sentenced). He just played the role of uploading a request for a lighter punishment.
Yue Nan participated in the fraud of 65.438+0.75 billion yuan, making an illegal profit of 326.4 million yuan, and recovered 65.438+0.6 million yuan after the incident.
The amount of fraud involved by the two ministers of the development department was 92.06 million yuan and 82.97 million yuan respectively, and the illegal profits were 292,700 yuan and 24 1.4 million yuan respectively. After the incident, the two returned 286,900 yuan and 1 10,000 yuan respectively.
The amount of fraud involved by the development department 14 salesman ranges from10.4 million yuan to 2310.9 million yuan.
According to the court's decision, Cao, the head and general manager of Newland Company, committed fraud and was sentenced to 65,438+6 months in 2003 and fined 500,000 yuan.
Cao Shiying, head and general manager of New World Anhui Branch, was convicted of fraud, sentenced to 1 1 year 10 month and fined 500,000 yuan.
Two deputy general managers of Newland Anhui Branch committed fraud and were sentenced to 8 years 10 month, 8 years and 4 months respectively, and fined 10 million yuan.
Yue Nan was convicted of fraud, sentenced to 5 years' imprisonment 10 month and fined 40,000 yuan.
Two directors of the development department of Newland Anhui Company were sentenced to four years' imprisonment, three years and nine months' imprisonment respectively, and fined 30,000 yuan. Company Development Department 14 salesmen (editor's note, including two relatives of Yue Nan) were all sentenced to three years' imprisonment, suspended for three to four years.
The judgment also revealed that the freezing of funds in Newland accounts was handled by the freezing authorities according to law; The stolen money will continue to be recovered and returned to the victim in proportion, with a return list attached.
In the court's reimbursement list, * * * has 784 people, including 33 people involved in the case involving more than one million yuan, 4 people involved in more than two million yuan, and the highest one is as much as three million yuan.
Editor: Yao Kun
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