Investment in the cemetery was a scam

"The return on investment in the ecological cemetery project that our company is developing is very considerable. As long as you buy the" One -year Booking Position "launched by our company, you can enjoy 12%of the advertising subsidy." Previously, the Procuratorate of Zhangqiu District, Jinan City, Shandong Province was processed. Together with the illegal absorption of public deposits in the investing cemetery as a gimmick and dedicated to the elderly's "old -age money", the case involved was more than 11.3 million yuan, resulting in the actual loss of 116 investors by more than 9.94 million yuan. In June of this year, the person in charge of the company and the enterprise involved in the case appealed after being sentenced to the corresponding punishment.

On July 22, the court ruled that the appeal was rejected and the original judgment was maintained.

At the trial scene of the case, Han Qifang was under trial.

Sell ​​wealth management products in the name of the cemetery

Luzhong Ecological Tourism Development Co., Ltd. (hereinafter referred to as "Luzhong Company") operating scope includes garden engineering design and construction, real estate sales agency, tombstone processing and sales, funeral processing and sales, etc. The cemetery is public welfare. The company's legal representative is Zhang Shaozong, and the general manager is Han Qifang.

In the early autumn of 2007, Zhang Shaozong signed a land lease agreement with a village to build a cemetery, leased 556 acres of land, and paid 500,000 yuan in rental fees in the village each year. In the early spring of 2009, the cemetery project was approved by relevant departments, and the Luzhong Company was formally invested in construction.

"The company's absorption of public deposits has not been approved, and it mainly adopts the" one -year booking level "method to absorb funds. Specifically, signing an agreement with customers, agreed that customers will pay the deposit first, but there is no specific location, there is no blessing (tomb) certificate. The period is one year, and it can be returned to land purchase funds after expiry. The company pays advertising subsidies at 12%of the annual interest rate. "Zhang Shaozong explained.

In order to return the funds as soon as possible and take the opportunity to collect money, Zhang Shaozong turned the cemetery project into a tool for collecting money. Not only did he publicly sell the cemetery outside the outside world, but he also sold investment wealth management products in the cemetery. Luzhong Company has launched three products to the society around the cemetery project, namely "use", "prepare" and "one -year prediction".

"Use" refers to the actual purchase of the tomb. After the customer signed the purchase agreement, the position and area of ​​the tomb designated the tomb were specified. The company issued a blessing certificate. "Preparation and use" is also called a positioning return, that is, after the customer pays the blessing, the position is determined. The company issues a blessing certificate. Each year, it will return the customer's loss subsidy at 2 percentage points higher than the bank's interest rate. Five years later, if the customer is unwilling to want Holding, can be transferred, and the company also returns the principal. "One -year booking" means that after the customer purchase, the company pays the customer's advertising subsidy at 12%of the annual interest rate at 12%of the annual interest rate. The period can be renewed after the expiration. There is no determination of the tomb, there is no blessing certificate, it is actually a way of financial management.

The Luzhong Company is placed in the color page of the vision planning and promoting products. If the customer wants to invest, the salesperson will take them to the cemetery to watch on the spot, and the special explanator will be responsible for explaining the publicity. "Zhang Shaozong and Han Qifang asked us to sell the‘ one -year booking place ’, saying that it’ s fast. ”Said Gao Mou, the marketing director of Luzhong Company.

Investment income is exciting

Luzhong Company leased a number of facade rooms as a service office. Each service office has the company's business license, tax registration certificate, and approval procedures for the cemetery project, which looks very formal.

"Many people in the cemetery project developed by Luzhong Company have invested in, and there are real cemeteries. The investment is safe and the income is very high. The salesperson took me to the construction of the cemetery. I want to buy cemeteries and invest in financial management. "The victim Liu said.

In October 2014, the victim Guo Mou learned about the business nature of Luzhong Company through his relative Guo Moumou. They decided to go to the cemetery in construction together. At that time, the company was engaged in free customers to travel to Hong Kong to travel. "We saw that the cemetery was built well, and there were special interpreters. They strongly persuaded us to invest and say that the company paid 12%of interest for one year." High interest and free travel made them. Voted 50,000 yuan.

Luzhong Company issued an agreement on the receipt receipt and product reservation agreement to Guo Mou and Guo Moumou. According to the agreement, they could get 6,000 yuan interest after expire. As a result, Luzhong Company replied to have no money, and converted the interest of 6,000 yuan into deposits, re -changed the list, and the amount became 56,000 yuan. Until the incident, Guo and Guo Moumou did not get 56,000 yuan in principal and interest.

If you do not accept the first trial, they will appeal

In August 2021, the Zhangqiu District Procuratorate filed a public prosecution for the crime of illegally absorbing public deposits and his legal representative Zhang Shaozong and general manager Han Qifang.

During the trial of the case, the defendant's litigation representatives argued that most of the funds that Luzhong Company used the absorbed funds to build a cemetery, paid engineering funds, advertising subsidies, sales employees 'salary and commission, repaying customers' loans, and the subjective of Luzhong Company subjective. I don't want to harm customers.

The prosecutor refuted in court: illegal absorption of public deposits refers to violations of national financial management regulations. Without the approval of the relevant departments in accordance with the law or borrowing legal business forms, it is publicly promoted to the society through media, promotion, leaflets, mobile phone SMS and other channels. Within a certain period of time, the principal and interest is repaid or paid in return or pay in return, and the behavior of absorbing funds from the unspecified object of the society. The behavior of the defendant unit in this case is completely in line with the characteristics of illegal absorption of public deposits, and it has constituted the crime of illegally absorbing public deposits. During the trial, Zhang Shaozong died of illness, and the court suspended the case on August 23, 2021. In June 2022, the court resumed the case.

According to the trial of the Zhangqiu District Court, the Luzhong Company publicly publicized publicly in the name of the development of the "ecological cemetery" without the approval of the financial management department. Signing the "one -year reservation" method of signing the product booking agreement, illegally absorbing more than 11.3 million yuan in public deposits.

On June 22, the court sentenced Luzhong Company to 300,000 yuan for illegally absorbing public deposits; Han Qifang, the company's direct person in charge of the company's directly in prison for illegal absorption of public deposits, was sentenced to three years and six months, and fined 100,000 yuan. Because Han Qifang had committed illegal fund -raising crimes in the same way in Zibo, he was sentenced to three years in prison in May 2020 and four years in probation. Yuan.

The defendant and the defendant appealed. On July 22, the court of second instance made a final judgment: the appeal was rejected and the original judgment was maintained.

(The names of the parties involved in the case are pseudonym)

(Source: Prosecutor's Daily Author: Lu Jinzeng Zheng Ting)

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