The Intermediate People's Court of Jinhua City, Zhejiang Province found the following facts in the first instance: In August 2003, the defendant Wu Ying opened the Ning Wu Noble Beauty Salon in Dongyang City; In March 2005, Wu Ying began to raise funds with high interest from Xu, Yu and Tang in the name of partnership or investment, and established Dongyang Bense Trading Co., Ltd. in April 2006. In fact, at this time, Wu Ying was in debt of140,000 yuan. In order to get more money, Wu Ying invested 50 million yuan to set up Zhejiang Bense Holding Group Co., Ltd., and went to 10 in the same way in July of the same year. Nine companies, including DongYang Development Zone Bense Automobile Beauty Shop, DongYang Development Zone Blanche Laundry, Zhejiang Bense Advertising Co., Ltd., DongYang Bense Washing Industry Management Service Co., Ltd., Zhejiang Bense Hotel Management Co., Ltd., DongYang Bense Computer Network Co., Ltd., DongYang Bense Decoration Materials Co., Ltd., DongYang Bense Wedding Service Co., Ltd. and DongYang Bense Logistics Co., Ltd., have been established successively, and Bense Holding Group has been established, with natural advertising, hotel management, washing industry management, computer network and wedding So, it's actually a company in Wu Ying. After Wu Ying falsely registered and established the above companies by fund-raising fraud, most of them did not actually operate or operate at a loss. However, Wu Ying used methods such as fabricating facts, concealing the truth, and making false propaganda to give the public the illusion that his company has strong economic strength, so as to defraud more social funds.
From May 2005 to February 2007, Wu Ying illegally raised 773.395 million yuan from 1 1 person such as Lin and Yang, with high interest as bait. By the time of the incident, there were still 373.395 million yuan used to repay the principal of fund-raising, pay high interest rates, buy cars and splurge.
In addition, Wu Ying also used the proceeds from fund-raising fraud to buy real estate. From June 2006 1 1 to June 2007 1, Wang, Song and others mortgaged 66 1.9 million yuan. Before the incident, only 6.5438+0.00 million yuan was paid back, and 5610.09 million yuan was still owed. Due to the company's decoration, purchase and sale of laundry cards and car wash cards, relevant units and individuals filed claims with the public security organs totaling more than 20.34 million yuan. On June 5438+ 10, 2006, Wu Ying bought jewelry worth120.37 million yuan from a certain place in the name of doing jewelry business, and only paid 238 10000 yuan, most of which were directly given away or mortgaged by Wu Ying.
10 On June 29th, the Intermediate People's Court of Jinhua City, Zhejiang Province sentenced Wu Ying to death, deprived of his political rights for life, and confiscated all his personal property. Wu Ying's illegal income shall be recovered and returned to the victim.
Details of second instance
Wu Ying refused to accept the appeal. The Higher People's Court of Zhejiang Province held in public that Wu Ying concealed the truth of its huge debts and a large number of falsely registered companies for the purpose of illegal possession, and most companies did not actually operate after their establishment, fabricated the use of funds, and made all kinds of false propaganda to the public with high interest rate or high return on investment as bait, illegally raised more than 770 million yuan, and actually defrauded more than 380 million yuan, although the direct target of fund-raising was only 10 people. However, the large number of off-line personnel involves a wide range, which not only seriously infringes on the property interests of unspecified people, but also seriously undermines the national financial management order. The amount is extremely huge, and the huge amount of money is arbitrarily disposed and squandered, causing particularly heavy losses to the interests of the country and the people, and the circumstances of the crime are extremely serious. Articles 192 and 199 of China's Criminal Law stipulate that anyone who raises funds by fraud for the purpose of illegal possession, if the amount is extremely huge, causing particularly heavy losses to the interests of the state and the people, shall be sentenced to life imprisonment or death, and his property shall be confiscated. The relevant judicial interpretation issued by the Supreme People's Court clearly stipulates that if the amount of individual fund-raising fraud is above RMB 1 10,000 yuan, it shall be deemed as "extremely huge". The first-instance judgment found the defendant Wu Ying guilty of fund-raising fraud. The facts were clear, the evidence was true and sufficient, the conviction was accurate, the sentencing was appropriate, and the trial procedure was legal. The amount of fund-raising fraud in Wu Ying is extremely huge, which has caused great losses to the interests of the country and the people. The circumstances of the crime are particularly serious and should be severely punished according to law.
On 20121kloc-0/8, the Zhejiang Higher People's Court pronounced the case of the defendant Wu Ying's fund-raising fraud in the second instance, ruled that the appeal of the defendant Wu Ying was rejected, upheld the death sentence of the defendant Wu Ying, and reported it to the Supreme People's Court for review according to law.
Review and retrial of death penalty
After examination, the Supreme People's Court believed that the fact that the defendant Wu Ying committed the crime of fund-raising fraud was clear, the evidence was true, sufficient and accurate, and the trial procedure was legal. Considering the whole case, Wu Ying can be sentenced to death without immediate execution and send the ruling back to the Zhejiang Higher People's Court for retrial.
2012,21Zhejiang higher people's court, after retrial, held that the amount of fund-raising fraud in Wu Ying was extremely huge, which caused great losses to the victims, and its behavior seriously undermined the state's financial management order, and the harm was particularly serious, so it should be punished according to law. In view of the fact that Wu Ying confessed his crimes truthfully after he was brought to justice, and voluntarily confessed the fact that he bribed many public officials, three of them were verified and investigated for criminal responsibility according to law, and Wu Ying was sentenced to death. According to the provisions of the second paragraph of Article 189 of the Criminal Procedure Law of People's Republic of China (PRC) and Articles 9 and 11 of the Provisions of the Supreme People's Court on Several Issues Concerning the Review of Death Penalty Cases, his execution was suspended for two years and his political rights were deprived.
Commute a sentence to life imprisonment
On July 2065438+2004 1 1, Zhejiang Higher People's Court held a public hearing to hear the case of Wu Ying's commutation, and made a ruling in court: Wu Ying's death sentence was suspended for two years, and his deprivation of political rights was reduced to life imprisonment, and he was deprived of political rights for life.
On May 2, 2065438, the Zhejiang Higher People's Court sentenced Wu Ying to death, suspended for two years, deprived of his political rights for life, and confiscated all his personal property. After the judgment becomes legally effective, it will be delivered to Zhejiang Women's Prison for execution. The suspended execution period of the death penalty starts from May 26th, 20 12 and ends on May 20th, 20 14.
After the expiration of Wu Ying's suspended death sentence, Zhejiang Women's Prison put forward a proposal for commutation according to law, suggesting that Wu Ying's suspended death sentence be reduced to life imprisonment. It was audited by Zhejiang Prison Administration and reported to Zhejiang Higher People's Court for trial. On July, 2065438, the Zhejiang Higher People's Court held a public hearing in Zhejiang Women's Prison. Some Zhejiang Provincial People's Congress deputies, CPPCC members and some relatives of Wu Ying attended as observers. Zhejiang Provincial People's Procuratorate assigned prosecutors to perform their duties in court, Zhejiang Prison Administration and Zhejiang Women's Prison respectively assigned police officers to perform their duties in court, and Wu Ying attended the proceedings.
During the trial, the collegial panel organized all parties to give evidence and cross-examine according to law and listened to the opinions of all parties. It was found that Wu Ying did not intentionally commit a crime during the suspended execution of the death penalty. After education, he was able to plead guilty and repent, observe discipline, and did not violate the rules. Actively participate in political, cultural and skill learning, consciously participate in productive labor, and indeed show repentance.
The Higher People's Court of Zhejiang Province ruled that during the two-year suspension of execution of the death penalty, Wu Ying did not intentionally commit a crime, made no significant meritorious service, and did show repentance, so his sentence should be reduced. In accordance with the provisions of the second paragraph of Article 250 of the Criminal Procedure Law of People's Republic of China (PRC), and Articles 50, 51, 57, paragraph 1 and 79 of the Criminal Law of People's Republic of China (PRC), Wu Ying's death sentence was commuted to life imprisonment and deprived of political rights for life.
Father lost contact, agent was accused
On the evening of July 29th, 20 14, Wu Ying's father, Wu Yongzheng, turned off his cell phone and lost contact with his family. Lin Yuan, the agent of Wu Ying case, planned to fly from Taiyuan to Harbin at 4 pm on the 29th, but he didn't board the plane and his mobile phone was turned off. At present, it has been controlled by Dongyang police.
After investigation by the Public Security Bureau of Dongyang City, Zhejiang Province, Lin, the agent of Wu Ying, was criminally detained by the Public Security Bureau of Dongyang City on July 29th, 20 14. Wu Ying's father, Wu Yongzheng, was criminally detained by Dongyang Public Security Bureau on July 30th, 2065438+2004 on suspicion of false accusation, concealment and crime.
On August 4th, 2065438, another application for withdrawal of Wu Ying was taken out of the detention center by attorney Zhu Jianwei, and submitted to the procuratorial committee of Dongyang City Procuratorate, requesting Dongyang City Public Security Bureau to dismiss the case of Wu Yongzheng and others suspected of "falsely accusing and framing Chen Jun, vice mayor of Dongyang City".
On the evening of August 14, Wu Ying's father was transferred to Jinhua Detention Center, but there has been no new news from Lin, the entrusted agent of Wu case.