According to the judgment, from May 2017 to July 2017, the defendants Zhang Feng, Zheng Shangfu, Tang Jinhu, etc. relied on kouzun liquor industry as the entity, publicized the kouzun home platform, used high interest as bait, used false publicity, offline promotion and other methods to illegally raise funds for unspecified personnel, matched the funds of new members to the accounts of old members whose investment was due before, backstage operators Work matching controls the flow of funds.
On July 11, 2017, after the capital chain of kouzunjiayuan platform was broken, the platform member information and investment data were deleted. Up to the time of the incident, more than 8000 registered members of kouzunjiayuan platform development, involving more than 49.99 million yuan, and losses of more than 31.57 million yuan.
On December 31, 2019, the second instance of the intermediate peoples Court of Huaibei City in Anhui Province made a final judgment. Seven people, including Zhang Feng, were convicted of fund-raising fraud and sentenced to fixed-term imprisonment of three to 15 years, with a fine ranging from 80000 yuan to 400000 yuan. Guo Hanli and Zhuang Tingwei were convicted of helping information network criminal activities and were respectively sentenced to fixed-term imprisonment of two years, five months and ten months, with a fine.
Huaibei kouzhou liquor
According to the judgment, Zhang Feng, male, Han nationality, born in Suixi County, Anhui Province on November 8, 1975, is the chairman of Huaibei Kouzhun liquor industry Co., Ltd. and registered in Suixi County, Anhui Province.
According to tianyancha, Huaibei kozun employment Co., Ltd. (hereinafter referred to as kozun liquor industry) was established in March 2010, mainly engaged in liquor production. The registered capital of the company is 15 million yuan, and the legal representative shown in the industrial and commercial information is Zhang Xiang. However, according to the testimony, although Zhang Xiang is the legal person of kouzun liquor industry, he does not work in the company and does not participate in the operation of kouzun home platform.
It is worth mentioning that Huaibei kouzun Liquor Co., Ltd. was sued by Inner Mongolia kouzun Liquor Co., Ltd. for infringement of trademark rights, and was ordered by the court to stop infringing the latters kouzui registered trademark rights in December 2017, and compensate the latter for a total loss of 30000 yuan.
According to the confession of the parties and the testimony of the witnesses, time finance and economics combed the criminal process of this fraud case.
In early 2017, Zheng Shangfu, Tang Jinhu and others discussed the development of Internet + entity investment projects. Tang Jinhu first found Guo Hanli, the legal representative of Xiamen Yunyi Technology Co., Ltd. according to the requirements of Zheng Shangfu and others, Guo Hanli designed and developed the Great Wall crowdfunding network platform (later renamed as Kouzhen home), the companys product manager Zhuang Tingwei assisted Guo Hanli to register the network station and lease the server.
At the same time, there are serious business problems in Huaibei kouzun liquor industry. Since 2016, no production has been carried out. A large number of stocks of liquor are overstocked in the warehouse. The company has no money in its account and has been in a state of loss. In April 2017, Xie Hong, the defendant of junior college culture, joined kouzun liquor industry, and Zhang Feng appointed him as the vice president of the company to be responsible for sales.
In April 2017, Zheng Shangfu, a pseudonym of Jianfeng, together with Tang Jinhu, Liu Zhaojiang, a pseudonym of Captain and Zhang Qun, a pseudonym of general, helped kouzun liquor industry to sell liquor under the name of Jiehong to negotiate cooperation. After introducing the operation mode, Xie Hong introduced them to Zhang Feng, who agreed to cooperate with Zheng Shangfu and others.
Zheng Shangfu et al. And Zhang Feng et al. Discussed the operation mode and pumping Commission of kouzun home platform, determined to set up kouzun home platform on the network in the name of kouzun wine industry, and pumped water according to the proportion of kouzun wine industry accounting for 35% and operation center accounting for 65%.
Investors register on the Kou Zun Homestead platform. After the registration is successful, purchase the activation code (100 yuan / per) to activate the account. All the new members can get a bottle of liquor donated by the mouth and wine industry. After the member consumes the data, they purchase the single currency (100 yuan / per person) for the order purchase investment. After the success of the arrangement, the new member will remit the funds to the old club in accordance with the matching account through Alipay or bank card. The members account, the member each single investment amount is 2000 yuan to 20000 yuan, may invest two rounds each month, each round interest is 15% - 20%. After the completion of the first round of investment, members must make the second round of investment and rush into 10% of the investment amount before withdrawing the first round of principal and interest. Members may continue to recommend other investors to become members, and commission the investment amount of development members in proportion.
Zhang Feng and others pump water from the funds recharged by the members. According to Zheng Shangfu, when the funds are sufficient, they pump 10% from the first round of investment and 7% from the second round. The money withdrawn is not only the protection fund and other expenses, but also the remaining money is shared in proportion.
According to Zhang Fengs own statement, the kouzunjiayuan platform is actually to replace the west wall with the east wall, use the funds invested by the later investors to pay the funds raised by the former investors, and satisfy Zhang Feng and others to pump water from it. They match the amount of funds of members entering the platform every day according to the amount of funds outflow from the platform every day, that is, the amount of cash withdrawn by members, so as to make the platform run stably.
Rich to Thunderbolt
On May 2, 2017, the kouzun home platform was officially put into operation. Zheng Shangfu and others rented office space in Guogou square in Huaibei, established the kouzun home operation center. Zheng Shangfu was the head of the operation center, Tang Jinhu was responsible for the background maintenance of the platform and the modification of the operation procedures. Guo Hanli modified the operation procedures and the platform security maintenance according to Tang Jinhus requirements.
Operation center is mainly divided into four lines, and there are many small teams under each line. Zheng Shangfu, Zhou Yanchun and other five members of the Four Seas alliance team is the largest one, with a total of more than 10000 subordinate members, of which 4500 are invested in the kouzun home project. The other three lines are organized by Captain, general and Tang Jinhu to form their own teams and develop offline.
After the start of operation, the first group of members entered the Kouzhen home platform for recharge, lasting for 5 days. The money invested by members in these five days was pumped by Zhang Feng and others because it was not necessary to pay the withdrawal users. In five days, more than 2 million water was pumped out, including more than 200000 by Zheng Shangfus operation team, more than 600000 by Zhang Feng, and more than 400000 by other main criminals.
In addition, there are more than 1 million yuan in the first bucket of gold, which is used to shoot promotional films of Kouzhun liquor industry and Zhang Fengs personal, to recruit fees from the chamber of Commerce, and members to inspect and reimburse for accommodation and travel expenses.
On June 11, 2017, Zheng Shangfus team and kouzun liquor industry held a promotion meeting in the auditorium of the old mining bureau to introduce the strength of kouzun liquor industry. Zheng Shangfu and the operation team also took members to visit the companys plant area, introduced the companys strength and good prospects to members, and arranged kouzun liquor employees to lead members to visit the companys liquor production line and warehouse for liquor storage, receiving thousands of people before and after. Because kouzun wine industry does not have its own wine cellar, Zhang Feng also asked the staff to lead nearly 100 members to visit the cellar of Huaibei distillery next door.
On July 11, 2017, the capital chain of kouzunjiayuan platform was broken. Zhang Feng, Zheng Shangfu and others discussed and closed the kouzunjiayuan platform, and deleted member information and investment data. After discussion, Zheng Shangfu, Tang Jinhu and others absconded with Zhang Feng, Xie Hong, Zhang Jie and others after sharing the stolen goods with over 1 million yuan invested by members on the same day and over 5 million yuan remaining on the platform.
From: China open trial website
On July 17, 2017, Zhang Feng went to Huaibei Public Security Bureau to commit a crime, and the other eight defendants successively committed crimes or were arrested by the public security organ in the next four months.
After Zheng Shangfu was arrested, he confessed to the public security organ: when doing such a project, everyone knows that the platform will collapse sooner or later, for fear that it will be found by the investors and checked by the public security organ, so they all use the internet name. (ouyangfeng, Beijing Time Finance)