Registered empty shell company continuous contract fraud

Four of the total amount of tens of millions of yuan is criminal crime or economic disputes? Under the supervision of the procuratorial organs, the amount of crime increased from the initial 1.425 million yuan to 11.7 million yuan. A few days ago, the court maintained the first instance judgment in the second instance. The defendant Xing was sentenced to 13 years in prison and fined 500,000 yuan.

On December 3, 2020, Xing, a legal representative of a trading company in Heihe City, Heilongjiang Province, was suspected of frauding 1.425 million yuan on the grounds of selling melting spray cloths and was transferred to the county procuratorate by the Public Security Bureau of Puyang County, Henan Province.

When the prosecutor of the Puyang County Procuratorate reviewed the dossier material, he found the lack of some bank account details of the company. Through a careful investigation, the prosecutor found that there were 4 goods in the company's account in the same period. Subsequently, under the guidance of the prosecutor, investigators went to Guangdong and Zhejiang to investigate the four -handed payment. It was found that the three of them purchased a melting spray cloth from the company of Xing Mou, and the payment of the payment was 9.975 million yuan into the company. Xing's company's account has not been delivered since many times, and the three have filed a civil lawsuit to the local court; the other one purchased tungsten strips from Xing Mou. Perform the contract.

Is the four new clues obtained by criminal criminal or economic disputes? This depends on whether Xing's company has the qualifications and strength to fulfill the melting spray cloth. According to Xing's justification, its company has trading qualifications, and it is organizing supply from Russia before the arrest. It is subjectively without the purpose of illegal possession of payment.

In order to find out the truth, the Procuratorate of Puyang County and the County Public Security Bureau formed an investigation team to learn about the scope and taxation of Xing's company in the industry and commerce, taxation and other departments in Heihe City. After investigation, Xing's company has the right to operate foreign trade and can operate a melting spray cloth. There is no funds on the payment and account, which is a veritable empty shell company.

After that, the investigation team further visited Xing's relatives and friends. They proved that Xing had rented a house on weekdays. The company did not have a fixed office place, economic constraints, and debt.

In the face of solid evidence, Xing finally explained the facts of the crime. In 2020, when Xing was severe in the prevention and control situation of the new crown pneumonia, he signed a melting spray sale contract through the shell company to scam the payment of 11.4 million yuan; based on the sales of non -ferrous metal sales, the fraud was 300,000 yuan. After receiving huge amounts of payment, Xing never actively organized the source of the source, but used to repay debts, purchase private cars, and pay daily expenses. Before the arrest, he had spent more than 3.3 million yuan.

The Puyang County Procuratorate filed a public prosecution to the court on the grounds that Xing was suspected of fraud at 11.7 million yuan in contracts. Xing did not accept it, and appealed on the grounds that economic disputes did not constitute a crime. A few days ago, the court rejected the appeal in the second instance and maintained the original judgment.

(Source: Procuratorial Daily Author: Zhang Haiyan and Wei Men)

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