It was found through trial that the defendant registered assets and wealth as legal representatives in June 20 13 and June 20 14, and rented Floor 2 1 of Building A, Kaide Hongkou,No. XXX Xijiangwan Road, Hongkou District, this city as the business premises, and recruited the defendants Zhang, Lu, etc. 10 respectively to take up company positions. During the operation period, the above-mentioned defendants publicly sold wealth management products by distributing small advertisements and word of mouth. Without the approval of the relevant departments, the annualized rate of return varies from 8% to 12%, attracting unspecified citizens of this city to participate in investment, illegally absorbing public funds for the company's operating expenses, investment, lending to others, etc.
After the incident, audited by Shanghai Hugang Jinmao Certified Public Accountants, Yang Guo Assets and Yang Guo Wealth collected RMB 603 14 1436 through the third-party payment platform.
In the end, the Hongkou District People's Court sentenced the defendant Zheng Wen to seven years' imprisonment and fined him 300,000 yuan. That is, September 24th, 20 16 to September 23rd, 2023. Other defendants were sentenced to fixed-term imprisonment of one year and two months to two years and three months respectively, and fined ranging from 20,000 yuan to 50,000 yuan.
The actual controller of affiliated company Guocheng Finance was sentenced.
On September 23rd, 20 16, Shanghai Yang Guo Asset Wealth Management Co., Ltd. (Yang Guo Wealth Operation Company) was investigated by Shanghai Hongkou Public Security Bureau. The public security notice posted in front of the company shows that investors are invited to register at Hongkou Public Security Bureau on September 26th, 20 16. Another source said that nearly 10 employees of the company were criminally detained by the police on suspicion of illegally absorbing public deposits.
According to the industrial and commercial data, Shanghai Yang Guo Wealth Investment Management Co., Ltd. was established on June 3, 20 14, with a registered capital of10 million yuan. The legal representative is Zheng Wen and the shareholders are Zheng Wen and Shanghai Yang Guo Asset Management Co., Ltd.
2065438+On August 29th, 2006, Yang Guo Fortune announced its closure, saying that the Interim Measures for the Management of Business Activities of Information Intermediaries in Personal-to-Personal Lending issued by CBRC had new regulations on P2P financial platform, in which the loan amount was limited to 200,000 yuan, and offline financial management was not allowed, which affected the business development of Yang Guo Fortune.
"After years of development, the offline mortgage market is fiercely competitive and P2P operation is difficult. In Yang Guo Fortune, the borrower delayed repayment, resulting in the inability to pay the corresponding investor's financial principal on time. " Yang Guo Fortune said in the announcement that after careful consideration, it decided to suspend the operation of Yang Guo Fortune.
The above announcement shows that there are 497 wealth management customers in Yang Guo, involving an amount of 65,438+92 million yuan. According to media reports, the hole in Yang Guo's wealth of 654.38+92 billion is mainly caused by the unfinished buildings of two factories in Shanghai.
According to the data, Zheng Wen, the chairman and legal person of Yang Guo Fortune, is also one of the co-founders of Guocheng Finance, accounting for 39% of the shares. In addition, there is a complicated relationship between Yang Guo Wealth and Guocheng Finance, which makes it difficult for Guocheng Finance to get rid of the relationship with Yang Guo Wealth. On September 23rd, an open letter issued by Guocheng Finance also showed that Zheng Wen, the second largest shareholder, was still detained by the public security organs, claiming that Zheng Wen, an internal shareholder of Guocheng Finance, had taken temporary measures to restrict cash withdrawal due to personal reasons.
According to the judgment, the defendant entered into partnership with Li 2 (handled separately) and incorporated Guocheng Company in May 20 13, with Li 2 as the chairman and vice chairman (holding 49% of the shares). During the camp, we opened a website (www.gcjr.com) as an online platform, recruited unspecified customers through the Internet and offline public service advertisements, publicly sold various wealth management products to the public and raised funds in the form of equity crowdfunding, promised to repay the principal and interest when due, absorbed unspecified citizens to participate in the investment, and illegally absorbed public funds in disguise.
The industrial and commercial archives of Guocheng Company retrieved by Hongkou Branch of Shanghai Public Security Bureau confirmed that the basic situation of Guocheng Company and the business scope of the company did not include financial matters. After auditing, Guocheng Company collected investor funds of 953,991875.03 yuan through five third-party payment platforms: Yintong, JD.COM Online, Shengfutong, Fu You Payment and Sina Payment. According to the existing report materials, the unpaid amount is 482 1056638+06 yuan; According to the existing investigation materials, the unpaid amount is 60095959.54 yuan; Guo Zi Company and Yang Guo Company transferred 20 million yuan to Guocheng Company.
The Hongkou District Court finally sentenced the defendant Zhang 2 to the crime of illegally absorbing public deposits, sentenced him to two years and three months in prison and fined him 50,000 yuan.