198 1 Born in Wuying, Dongyang, Zhejiang Province, with only secondary school education, he is the legal representative of Zhejiang Bense Holding Group Co., Ltd., and lived in Room 9 13, Bense Concept Hotel, Dongyang City before his arrest.
It was found through court trial that in April 2006, before the establishment of Bense Holding Group Co., Ltd., the defendant Wu Ying used the high interest rate ranging from 10,000 yuan per day to 35 yuan, 40 yuan and 50 yuan or the high investment return of 30%, 60% and 80% dividends per quarter as bait to raise funds from Yu, Xia Yaoqin and Xu Yulan140,000 yuan.
In the second half of 2005, Wu Ying, which was in debt of tens of millions of yuan, continued to raise funds illegally with high interest rates and high returns as bait, and used the illegal fund-raising funds to falsely register a number of companies. In order to cover up the fact that it is heavily in debt and conceal the truth, it adopts the methods of paying high interest or high return on investment, buying real estate, investing in donations by illegal fund-raising, etc., making false propaganda, giving the public the illusion of its strong economic strength and defrauding social funds.
For example, the defendant, Wu Ying, partnered with Yang and others to speculate in futures, but he didn't want Yang and others to take risks, but gave them a fixed return. Yang and others invested 33 million yuan, while Wu Ying actually lost nearly 50 million yuan in futures speculation, concealing the fact that he suffered huge losses, claiming to be profitable and paying the so-called profit of 6,543,804 yuan to Yang and others. Another example is to buy home textiles and send home appliances with the same value.
From May 2005 to February 2007, the defendant Wu Ying illegally raised RMB 773.395 million from, Yang, Yang et al. 1 person in the name of investment, loan and capital turnover. Paying high interest to repay the principal, paying high interest and buying real estate, cars and personal luxury are actually fund-raising fraud.
Most of the victims in this case are loan sharks, and most of their funds are illegally absorbed. Lin Weiping alone involves 66 individuals and units. In addition, Wu Ying not only illegally raised funds from 1 1 victims in this case, but also illegally raised funds from Wang Xianghuan, Lu Xiaofeng, Wang Zehou, Chen Tingxiu, Yu, Xia Yaoqin and others. Defendant Wu Ying not only raised funds illegally by himself, but also instructed Xu Yulan to raise funds illegally from others. Xu Yulan illegally absorbed public deposits involving 14 people.
Defendant Wu Ying still disposes and squanders illegal fund-raising funds without authorization, even though he is heavily in debt and has no economic strength. Jewelry worth hundreds of millions of yuan, such as more than 23 million flowers, is not used for business, but is given away at will or used as collateral; Regardless of their own economic strength, bidding or investing in the development of real estate, resulting in the confiscation of the deposit and deposit140,000 yuan; Donations from fund-raising funds amounted to 2.3 million yuan; In the absence of practical use, I spent nearly 20 million to buy a large number of cars, including a Ferrari sports car of 3.75 million for myself; Pay others money at will for the so-called relationship, 6.5438+0.3 million yuan; He spent a lot of money and squandered it. He confessed that he spent 4 million yuan on brand-name clothes, watches and cosmetics, and at the same time spent 6 million yuan on high-end entertainment consumption. Defendant Wu Ying not only arbitrarily punished and squandered the fund-raising, but also failed to record the huge amount of illegal fund-raising, and the company's accounts were chaotic, so the three accounting firms could not audit.
The court held that the defendant Wu Ying's behavior not only violated the property ownership of others, but also undermined the financial management order of the country, which constituted the crime of fund-raising fraud. The accusation of the public prosecution agency is established and our court supports it. Defendant Wu Ying and his defenders suggested that defendant Wu Ying's behavior was normal private lending and did not constitute the crime of fund-raising fraud, which was inconsistent with the facts and legal provisions ascertained by our court and was not adopted by our court. In view of the huge amount of fund-raising fraud by the defendant Wu Ying, which caused particularly heavy losses to the interests of the country and the people, and the circumstances of the crime were particularly serious, it should be severely punished according to law. In order to protect citizens' property from illegal infringement and maintain the normal financial management order of the country, the above judgment was made in accordance with the provisions of Articles 192, 199, 57, paragraph 1 and 64 of the Criminal Law of People's Republic of China (PRC).