15 years ago, he was the manager of a state-owned enterprise.
Wu Yumin, sitting opposite the reporter, is a middle-aged man who has experienced many vicissitudes. Under the introduction of Xie Tongxiang, the chief lawyer of China Lawyers Judicial Network, Wu Yumin agreed to be interviewed by reporters.
1996 Luohe high-tech development zone oil company was established, 1998 Luohe Petrochemical Group appointed Wu Yumin as the manager of the high-tech development zone oil company.
An economic dispute that completely changes life in Wu Yumin is happening on 1999.
The payment for reselling diesel oil cannot be returned.
1August, 1999 16, an economic and trade company in Fushun signed a joint venture agreement with the oil company in Luohe High-tech Zone, and both parties agreed to conduct business activities in a cooperative manner. Golden boy economic and trade company is responsible for the supply of goods and the solution of liquidity, and high-tech zone oil company is responsible for market sales to ensure the return of funds.
After the agreement was signed, Li, the business director of the company, and Xu, a worker of Shangcai County Petroleum Company, were required to go to Fushun to inspect the quality of diesel oil purchased, and negotiate with the economic and trade company to sign a purchase and sale contract for industrial and mining products. On June 5438+1October 65438+August, 2000, the two parties signed the Purchase and Sale Contract for Industrial and Mining Products, and agreed to purchase 300 tons of diesel at the price of 8 1 10,000 yuan. High-tech zone oil company is responsible for sales and payment before the Spring Festival in 2000.
However, after the oil was pulled to Luohe, it encountered problems. According to reports, at that time, the petrochemical plant was blocked by workers. He contacted Shangcai County Oil Company through Xu and stored the oil in the oil depot of Shangcai County Oil Company. In the past, the high-tech zone oil company owed Xu more than 300,000 yuan in oil, and Xu withheld some oil and said that he would pay off the account. Wu Yumin recovered more than 300,000 yuan of surplus oil, handed over 654.38+million yuan to Jintong Economic and Trade Company, and paid about 50,000 yuan for workers' wages and railway freight.
According to Wu Yumin, he actually made three deals with Golden Boy Economic and Trade Company. The first two deals were lost, but the payment was paid to Jintong Economic and Trade Company. According to Wu Yumin's calculation, this third business is only 250,000 yuan, which is definitely not enough for more than 600,000 yuan still owed. So, he found the "big boss" Hu through a friend's introduction, and wanted to make some money in the tobacco business to pay off his debts.
However, the contact with Hu pushed him to the abyss.
Sentenced for illegal detention for debt collection.
Wu Yumin, arrested on 200 1, was sentenced to 6 months' imprisonment by Changxing county court in Henan province in June 2002 for illegal detention.
Go to Shenzhen and escape with a different identity.
"I heard that Fushun reported in August 2000 that I contracted fraud. But before I was arrested for illegal detention, I lived in Luohe and the police didn't come to arrest me. " Wu Yumin said that after he was released from prison, his previous criminal status made him feel ashamed. So he left Luohe and went to work in Shenzhen. In 2004, when he heard that he was being chased by the Internet, he bought an account in Huizhou for 3,000 yuan and renamed it Wu. After getting a new ID card, he went to verify that the account is true, because he went to Huizhou to get a Hong Kong and Macao pass and passport.
"The reason why I bought this account is mainly because I don't understand the law." Wu Yumin said that he didn't pay the money at that time and was chased by the police on the Internet. He was afraid that Fushun police would label him a liar for the purpose of local protection, and he remained anonymous for the sake of caution.
20 1 1 September, the national public security launched a "clean-up operation". Because Wu Yumin often contacted his hometown in Luohe, Fushun police found him by phone and arrested him in Shenzhen.
Wu Yumin's family found a Beijing lawyer, Xie Tongxiang.
Lawyers who know the case put forward 28 opinions.
Lawyer Xie Tongxiang is good at handling criminal cases and has successfully represented many death penalty review cases. Lawyer Xie Tongxiang thinks that Wu Yumin is innocent after reading the case file in detail and understanding the case. He put forward 28 opinions to the court in his defense.
"Wu Yumin is a staff member of the high-tech zone oil company. His behavior is a duty behavior and should not bear any responsibility. " Lawyer Xie Tongxiang believes that the most important point is that the high-tech zone oil company is a state-owned company registered by three state-owned legal person shareholders according to law. Wu Yumin performed his duties during the company's existence, and all disputes and creditor's rights and debts should be borne by the High-tech Zone Oil Company.
So, when signing the contract, did Wu Yumin deliberately cheat? Xie Tongxiang believes that Luohe High-tech Zone Petroleum Company is a state-owned limited liability company legally registered by Luohe Industrial and Commercial Bureau. When the performance contract was signed, it did not stop business, and the public prosecution agency had no evidence to prove that the company stopped business. After signing a contract with Jintong Economic and Trade Company for more than two years, the business license of High-tech Zone Oil Company was revoked by the Industrial and Commercial Bureau on 2001212. The reason for the cancellation was enterprise restructuring, which was caused by the restructuring of state-owned enterprises at that time, not because of fraud. In addition, after signing the contract with Jintong Economic & Trade Company, the first two oil payments of 1 10,000 yuan have been settled.
"There is no evidence that Wu Yumin had the purpose of illegal possession when signing the contract on behalf of the company. Due to reasons other than Wu Yumin's will, the oil revenue was not recovered. Wu took the initiative to ask for oil money and was sentenced to six months in prison. " Xie Tongxiang said that Wu Yumin did not "abscond with money". When he went to Guangdong, he was penniless and had no money with him. Besides, Wu Yumin often keeps in touch with his family and friends in Henan. He lived in a building in Shenzhen for eight years and had nowhere to hide.
Xie Tongxiang also believes that Luohe Petrochemical Group, as the superior unit of the high-tech zone oil company, has the responsibility to deal with the remaining problems after the dissolution of the high-tech zone oil company, including appeasing employees and coordinating disputes over creditor's rights and debts. However, Fushun did not report the situation to Luohe Petrochemical Group when the high-tech zone oil company was dissolved and Wu Yumin could not be found because of serving his sentence. Instead, Fushun took extreme measures to accuse Wu Yumin of fraud.
Based on other opinions, lawyer Xie Tongxiang believes that this case is purely a general economic dispute, not only does it not belong to contract fraud, but also does not constitute civil contract fraud.
Acquitted. 44 years old, starting from scratch.
20 13 12 4, Fushun xinfu district court made a judgment. The court held that Wu Yumin signed the contract with Fushun Jintong Economic and Trade Company on behalf of Luohe High-tech Zone Oil Company, and did not adopt the means of fabricating facts or concealing the truth. Judging from the performance of the contract, after Fushun Jintong Economic & Trade Company fulfilled its contractual obligations, Wu Yumin was unable to perform the contract due to oil quality problems, and both parties signed a supplementary agreement and paid 654.38 million yuan to Jintong Company. Later, he was cheated in other businesses, which objectively led to the failure to fulfill the remaining amount agreed in the contract. However, after the incident, Xu returned 250,000 yuan to the victim through the public security organ and returned the remaining 380,000 yuan to the public security organ and the court. Thus, although Luohe High-tech Zone Oil Company failed to fully fulfill the contract to pay for the goods, and Wu Yumin also changed the identity card information to be hidden elsewhere, it was obviously not enough to determine that Wu Yumin had the intention of illegally occupying other people's property. In addition, Wu Yumin signed the contract as the legal representative of Luohe High-tech Zone Petroleum Company. Later, the diesel oil paid to Xu was also deducted from the debts owed by the oil company, which was not a personal act. Therefore, the court accepted Wu Yumin's defense that "it does not constitute the crime of contract fraud". To sum up, Xinfu District Court ruled that Wu Yumin was not guilty.
"Innocence is the just result I have always wanted. This matter has troubled me for so many years, which led to the breakdown of my family and the ruin of my career. Everything is gone. " Therefore, Wu Yumin was imprisoned for illegal detention and changed his name to work in Shenzhen. The couple also divorced in 2006. 20 1 1 After he was arrested, the company in Shenzhen fired him, his account in Guangdong was cancelled, and his social security in Shenzhen for many years was gone. Although the court finally acquitted him, he could only start from scratch when he resumed his status as Wu Yumin at the age of 44.