Case 1: Zhejiang Century Gold Company's illegal business operation.
It was found by the procuratorate that Zhejiang Century Gold Company began to illegally operate gold futures in July 2005 under the decision of the legal representative Zhang Yong. Zhang Yong instructed Wang Jianping, an employee of his company, to design and develop an online gold futures trading system, and through vigorous publicity, attracted a large number of customers from all over the country to speculate on gold futures. Gold speculation is carried out through the company's network system, which is not in line with the international gold market. It is only based on the international real-time gold price floating quotation for customers' reference. Customers trade with the company by buying and selling, and the company acts as both the buyer and the seller in the transaction process, and collects "network use fee" and "storage fee" from customers according to each transaction. The main characteristics of the transaction are contract standardization, margin amplification, settlement on the same day, forced liquidation and so on. No physical gold is delivered in the transaction, and the margin is enlarged by up to 50 times, that is, you can buy 100% gold contract with 2% margin. This trading method was identified as illegal futures trading by China Securities Regulatory Commission.
Before the incident in June 2008, the online trading platform of Zhejiang Century Gold Company had a total of 1, 2 17 transactions, and * * * generated 1, 76,579 transactions. The company * * charged customers more than 275 million yuan for gold trading margin, and the total transaction amount reached 58.3 billion yuan after amplification. According to the statistics of the closed accounts, the company at least made a profit from the illegal gold futures business 1. 1 100 million yuan.
In addition, it was found that Zhejiang Century Gold Company also illegally operated the collective fund trust business, launched a financial plan to an unspecified public, signed an agreement, and raised more than 20 million yuan from 18 1 customer, and invested the above funds in the gold market in the name of the company. In addition, Zhejiang Century Gold Co., Ltd. is registered in Zhang Yong by borrowing capital. Experience and industrial and commercial registration, Zhang Yong registered capital of 654,380,000 yuan was fully withdrawn.
After the trial, the court held that all the charges accused by the procuratorate were established and the first-instance judgment was made according to law. Defendant Zhejiang Century Gold Products Co., Ltd. committed the crime of illegal business operation and fined RMB 7 1 10,000 yuan. Defendant Zhang Yong committed the crime of illegal business operation and capital evasion. He was sentenced to 9 years in prison and fined 65,438 yuan+200,000 yuan. Defendant Wang Jianping was convicted of illegal business operation, sentenced to 3 years' imprisonment, suspended for 4 years, and fined RMB 654.38+10,000.
Case 2: Huang Guangyu's illegal business operation case
Defendant Huang Guangyu transferred RMB 800 million to Shenzhen Shengfengyuan Industrial Co., Ltd. (hereinafter referred to as Shengfengyuan Company) directly or through Beijing Hengyixiang Business Consulting Co., Ltd. (hereinafter referred to as Hengyixiang Company) in violation of state regulations from September 2007 to June 2007. Defendant Huang Guangyu violated the state foreign exchange management system and illegally bought and sold foreign exchange outside the trading places stipulated by the state, undermining the state financial management regulations and disrupting the order of the financial market. Its behavior has constituted the crime of illegal business operation, and the amount is particularly huge and the circumstances are particularly serious. The Beijing No.2 Intermediate People's Court convicted the defendant Huang Guangyu of the crime of illegal business operation, sentenced him to eight years' imprisonment and confiscated some personal property of RMB 200 million. He was convicted of insider trading and sentenced to nine years in prison and fined 600 million yuan; He was sentenced to two years' imprisonment for the crime of unit bribery, and decided to execute 14 years' imprisonment, fined 600 million yuan, and confiscated some personal property of 200 million yuan.
Case 3: Yu Bohuai's illegal business operation case
From March 2006 to May 2007, Apollo Huai, the defendant, bought drugs with registered trademarks in Pfizer (commonly known as "VIRGRA") from Xu Dong (handled separately) at the price of RMB 5 yuan without the approval of the drug supervision and administration department, and then went to Apollo.
030 capsules, the sales amount is 65,438 yuan +0.3 million yuan.
On June 4th, 2007, Yu Bohuai was detained in criminal detention, and was arrested on July 2nd, 2007. The public prosecution agency accused the defendant Yu Bohuai of committing the crime of illegal business operation. The Shanghai No.2 Intermediate People's Court held that Yu Bohuai, the defendant in this case, bought and sold Viagra while knowing that it was fake Viagra, and obtained illegal benefits from it. His selling fake Viagra not only violates the drug management system and the health of citizens, but also violates the intellectual property protection system and the socialist market economic order in China. According to article 10 of the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Producing and Selling Fake and Inferior Commodities, "whoever commits the crime of producing and selling fake and inferior commodities and at the same time constitutes other crimes such as infringement of intellectual property rights and illegal business operations shall be convicted and punished in accordance with the provisions of heavier punishment." Defendant Yu Bohuai illegally sold counterfeit "Viagra" drugs without a Drug Business License, which disturbed the market order and the circumstances were serious, and his behavior constituted the crime of illegal business operation. The first-instance judgment of Shanghai No.2 Intermediate People's Court: Defendant Yu Bohuai was convicted of illegal business operation, sentenced to 2 years' imprisonment and fined RMB 1.5 million; Illegal gains shall be confiscated.