How did 150 million deposits at that time be lost? Simply speaking, the Red Star Journalist inquired into the judgment and found that the defendant, Yuan Jianming, through the cooperation of resource swap between Luzhou Laojiao and Changsha Yingxin Branch of Agricultural Bank of China, played double-sided spy in front of Luzhou Laojiao and Yingxin Branches respectively, signing false agreements and signing false agreements. Deposit certificate, put 200 million yuan of deposits in their pockets.
Although netizens shouted that TV plays dare not be performed like this, the reporter found that the deposit of Luzhou Laojiao in the bank was far more than 150 million yuan.
According to the first quarterly report released on April 26 this year, Luzhou Laojiao saved 500 million yuan in three deposits involving contract disputes. It has submitted to the public security organs for intervention, and has raised 200 million yuan of bad debts reserve for this 500 million yuan deposit.
How much responsibility should Luzhou Laojiao assume in the case already adjudicated? How are the other two deposit disputes progressing? On the afternoon of August 11, Red Star journalists repeatedly called the Dong Secretariat Office of Luzhou Laojiao, but there was no response at the time of the deadline.
150 million deposits are missing?
Bank: There is no deposit in the account.
In 2014, Luzhou Laojiao deposited a sum of money in the Agricultural Bank of China, but when the money expired, it was told by the bank that there was no such money in the account.
This mysterious disappearance of 150 million yuan deposits not only astonished the liquor industry, but also shocked the whole capital market.
In October 2014, Luzhou Laojiao announced that the company found that 150 million yuan of deposits deposited by Changsha Yingxin Branch of Agricultural Bank of China could not be withdrawn. Specifically, according to the agreement with the Agricultural Bank of China Changsha Yingxin Branch, Luzhou Laojiao remitted 200 million yuan to the companys account four times in April 2013.
After the maturity of the deposit, the first deposit and interest of 50 million yuan were recovered by Luzhou Laojiao. But the next day after the remaining 150 million yuan was deposited, the companys financial staff was told by the Agricultural Bank Yingxin Branch that the companys account did not have the money and could not be transferred on time.
At that time, Luzhou Laojiao decided to bring a lawsuit against Sichuan Higher Peoples Court on this matter.
Why save a lot of cash?
Cause of Resource Exchange between Wine Enterprises and Banks
Why did Luzhou Laojiao deposit such a large amount of cash into the bank at that time? Back to 2012, the whole liquor market sales declined, liquor companies wanted to sell all the liquor in stock, and banks wanted to get large deposits. In this context, liquor enterprises and banks resource swap came into being.
Simply put, liquor companies deposit their money in banks, while banks buy alcohol at group purchase prices and help liquor companies sell alcohol.
Luzhou Laojiaos specific plan of resource exchange and marketing assistance is as follows:
1. Luzhou Laojiao deposits 50 million yuan into the bank on a regular basis for one year. The cooperative bank pays Luzhou Laojiao an interest rate of 10% higher than the one-year fixed interest rate stipulated by the state. Luzhou Laojiao signs deposit and expense account agreements with the bank.
2. Through this deposit, the cooperative bank obtains the income from the difference between deposit and loan, and purchases the designated products of Luzhou Laojiao at the group purchase price. The banking industry can recommend to the customers, mainly by the customers. Every 50 million yuan deposit should be more than 6 million yuan for liquor purchase. The amount of liquor deposit should be first purchased and then deposited, and so on.
How is money missing?
Yuan Jianming Arranges Double Spy
In October 2012, Yuan Jianming learned about this resource exchange business from Zhu Mou (judged) and believed that the money could be misappropriated for other purposes during the one-year term deposit period.
How to cash this deposit?
On the recommendation of Zhu Mou, Yuan Jianming met Zheng Mou, then president of Changsha Yingxin Branch of Agricultural Bank of China. Subsequently, Yuan Jianming used some means of TV series are not dared to play, so that Luzhou Laojiao thought that the deposit of 150 million yuan had been deposited in the bank.
In April 2013, Yuan Jianming arranged Zhang Mou1 and Chen Mou1 to act as employees of the Agricultural Bank Welcoming Branch and come to Luzhou Laojiao to help them open an account. He signed the Agreement on Deposit and obtained the relevant seal template and opening information of Luzhou Laojiao.
Subsequently, Luo Mou and Zhang Mou-1 were arranged to open an account in the name of Luzhou Laojiao in the name of Yingxin Branch with forged information based on the above template. In the middle, the data of Luzhou Laojiao held by Luo Mou and Zhang Mou 1 are incomplete and do not meet the requirements of opening accounts and online banking. However, with the help of Zheng Mou, the then president, an account and an online bank were opened through the special affairs procedure.
In order to thank President Zheng Mou for his help, Yuan Jianming sent Zheng Mou 2 million yuan in cash, as well as more than 200,000 Chevrolet cars.
That is to say, as an intermediary, Yuan Jianming signed contracts as bankers and Luzhou Laojiao respectively, signed contracts as Luzhou Laojiao and banks, and forged deposit certificates, signatures and seals issued by banks.
After three such operations, Yuan Jianming, together with Zhu Mou1, Huang Mou1, Chen Mou1 and Zhang Mou1, obtained a total of 200 million yuan from Luzhou Laojiao Company.
Where did the money go?
Mainly controlled by Yuan Jianming
Yuan Jianming and Zhu Mou-1 consulted, and after obtaining funds from Luzhou Laoyao, they used them equally.
However, according to the judgment, as of the time of the case, after deducting 50.575 million yuan (including interest) returned before the case was committed, 149.425 million yuan remained unreturned. Among them, more than 40 million yuan was used to open Jiangxi Asia Ceramics Co., Ltd. The remaining funds were controlled and controlled by Yuan Jianming, and used for other activities such as smuggling. In addition, Zhu Mou-1 obtained a intermediary fee of 500,000 yuan.
In the defense of lawyer Yuan Jianming, he once claimed that Yuan Jianming was not the chief conspirator because of the agreement of equal use and that Zhu Mou-1, who gathered the knowledge of all parties, was the chief conspirator. However, the Changsha Intermediate Court believes that Zhu Mou-1 intends to consult with Yuan Jianming in the stage of organizational planning, but in the stage of crime implementation, Yuan Jianming mainly arranges for the implementation, and in the final stage of stolen goods division, Yuan Jianming mainly controls and controls it.
Therefore, in the joint crime of fraud and bribery to non-state functionaries, the defendant, Yuan Jianming, plays a major role and is the principal offender.
According to Yuan Jianmings statement, at first he only wanted to divert Luzhou Laojiaos savings for lending and crude oil business. It is reported that Yuan Jianming had been trying to repay the money before the due date. However, in July 2014, Yuan Jianming was detained by the Customs for smuggling and was guaranteed 28 days later, resulting in serious financial problems.
Where did people go?
Running Thailand surrendered four years later
Before the East Window incident, Yuan Jianming returned his first deposit of 50 million yuan. In April 2014, the first deposit in the agreement expired. The defendant, Yuan Jianming, together with Zhu Mou 1 and Huang Mou, returned the first deposit of 50.575 million yuan. Among them, Zhu Mou and Huang Mou raised 9 million yuan for repayment.
In June 2014, the second 50 million yuan deposit will be due. But Yuan Jianming and Zhu Mou1 have been unable to return them. First, I purchased more than 3.6 million yuan of white wine from two places of Chen Mou, and processed the three-month renewal procedure of the deposit. Then I ran away on the eve of the East Window Incident, leaving Guangxi to Cambodia and Thailand.
On February 6, 2018, the Changsha Municipal Public Security Bureau will escort the defendant, Yuan Jianming, who absconded from Bangkok, Thailand and surrendered to the local police. On January 17, 2019, the Changsha Intermediate Peoples Court held a public hearing of Yuan Mous case.
How to divide responsibilities?
Can not recover the loss of Luzhou Laojiao 40%
In the first instance, the court decided that the defendant, Yuan Jianming, was guilty of fraud and bribery to non-state functionaries; he was jointly sentenced to 17 yearsimprisonment, deprived of political rights for 5 years, and fined 4.2 million yuan. We will continue to recover RMB 150 million from fraud and return it to the victim, Luzhou Laojiao. Among them, Yuan Jianming, the defendant, was ordered to repay RMB 117 million in the proceeds of the crime.
According to the announcement of Luzhou Laojiao on May 16, 2019, the company received the Civil Judgment of the First Instance of the Changsha Deposit Case. According to the Judgment, the Agricultural Bank of China Yingxin Branch is responsible for 40% of the losses that Luzhou Laojiao cannot recover through the criminal execution procedure, and the Changsha Hongxing Branch of the Agricultural Bank of China is responsible for 20% of the losses. The remaining losses were borne by Luzhou Laojiao.
According to the announcement, as of May 16, 2019, only 17.979 million yuan had been recovered from 149.425 million yuan. According to the judgment, Yuan Jianming still has seven properties as executable property to be included in the amount of recovery and compensation, and another 100 60-degree cellar 1573 national rhyme wine will be returned to Luzhou Laojiao.
Subsequently, the company conducted a risk investigation on all deposits, and further found that there were abnormal deposits in two places, including Nanyang Zhongzhou Branch of Industrial and Commercial Bank of China, involving a total amount of 350 million yuan.
What is the resource exchange of liquor enterprises?
In fact, many insiders told Red Star News that the liquor market was not good at that time. Many liquor companies had come up with a variety of complex sales models. The deposit-selling model of resource swap in Luzhou Laojiao was one of the more popular ones.
According to reports, for this model, banks use their own consumption and customer resources to attract large deposits. The result of cooperation is that bank customers buy wine at relatively affordable prices, maintain the relationship between banks and enterprises, liquor enterprises achieve marketing, and win-win situation is achieved in many ways. However, under the pressure of sales, liquor dealers who take liquor from banks may speculate like Yuan Jianming, steal and engrave official seals, transfer large deposits of liquor enterprises to usurious loans and so on.
More people, such as Mo Kaiwei, a researcher at the China Local Finance Research Institute, believe that the liquor selling by deposit is actually underground financing in the cloak of business model.
In fact, on January 10, 2015, another 150 million yuan deposit in Luzhou Laojiao was mysteriously missing for similar reasons.
At that time, Luzhou Laojiao issued a notice that its 150 million yuan deposit in Nanyang Zhongzhou Branch of Industrial and Commercial Bank of China had expired, but the Zhongzhou Branch of ICBC refused to pay because the deposit was frozen by the public security organs and refused to show the freezing procedures. Subsequently, Luzhou Laojiao filed a lawsuit with Sichuan Provincial High Court on the dispute over the savings deposit contract of ICBC Zhongzhou Branch. However, as of the present announcement, the case has not yet been adjudicated.
In addition, on Jan. 8 of the same year, the Peoples Procuratorates Case Information Open Network recently released the article Luzhou Peoples Procuratorate approved the arrest of four people in the case of defrauding Laojiao huge deposits. According to the article, the four suspects used a series of means, such as false purchase and sale contracts, forging the seal of Laojiao Company and bank, forging bank deposit slips, to defraud Luzhou Laojiao Company of more than 100 million yuan in bank deposits for usurious lending, real estate purchase and other profits.
However, whether this case refers to the case of Luzhou Laojiao in Hunan Agricultural Bank is unknown at present.
Source: Red Star News Responsible Editor: Luo Chongwei_NB12082