Wu Ying is a very capable girl. When I was in my twenties, I had my own business, and then I raised money through my relatives and friends, creating a business myth. She is a business wizard, who can keenly capture business opportunities, but also very generous and affectionate. But somehow, someone sealed her property. She herself has been in prison for five years and is still being examined on death row. Many people appealed for her, hoping to spare her life. Because she only borrowed money from others, and others were willing to borrow it, she didn't hurt anyone.

(1) Wu Ying fabricated facts, concealed the truth, made false propaganda to the public and illegally raised funds.

First, the evidence in the case proves that when Wu Ying raised funds from others at high interest rate, he fabricated various false reasons, such as investing in shops, doing coal and oil business, speculating in futures to make money, and circulating funds. For example, when Xiang, Yang Zhiyang, Yang, Gong Yifeng and others raised funds, they fictionalized the underground shops of Guangzhou Baima Clothing City for cooperative investment; When raising money from Yang and others, fictional speculation in copper futures made a lot of money, and so on. But in fact, the underground shops in Baima Clothing City are completely fake, and the loss of speculative futures is nearly 50 million yuan. Not only that, Wu Ying also used the illegal fund-raising income of 6.5438+0.6 million yuan to pay dividends to Yang and others, induced Yang's offline to provide funds to Yang and urged Yang to give money to Wu Ying, from which Wu Ying collected more than 96 million yuan from Yang and others. Another example is that when raising funds from Zhou, Mao and others, they fictionally do businesses such as coal and oil, and promise to share profits as high as 50% every quarter.

Secondly, in order to give the public the illusion of its strong economic strength, Wu Ying adopted a large number of falsely registered companies in a short time and used them to decorate a street in Dongyang. Buy out the advertising space on both sides of the road from Dongyang to Yiwu, and focus on promoting the advertisements of companies in Bense Group; After paying the deposit, he signed a large purchase agreement at one time and participated in the auction of large plots with high profile, which created a sensation effect, but he did not buy a house or land afterwards and did not pay a penny; Pile up a large number of jewels bought by fraud in the office to show off their wealth, or give them away at will, create the illusion of making a fortune in front of the public, and deceive the fund-raising objects and their offline.

Thirdly, once a middleman brought in a large sum of money, Wu Ying took him around the street of a natural color company and provided a large number of false real estate purchase agreements and real estate licenses purchased with fraudulent funds, thus making many victims believe in Wu Ying's wealth and "voluntarily" invest huge amounts of money in her.

Fourthly, in the later stage of fund-raising fraud, in order to cope with the crowded debt collectors in Bense Hotel and continue fund-raising fraud, Wu Ying also forged fake ICBC bills of 49 million yuan and privately carved two special seals for Guangfa Bank.

(2) Wu Ying subjectively aims at illegal possession.

First, Wu Ying is still illegally raising funds at high interest rates, knowing that it is unable to repay. Wu Ying has no economic base. Since the establishment of Bense Holding Group Co., Ltd. in April 2006, it has owed huge debts. Later, regardless of the conditions and consequences, regardless of repayment ability, a large number of funds were raised at high interest rates. There are no accounts and records for the huge fund-raising, which hides the above behavior from the executives and employees of Bense Group, so that they don't know where the money comes from and where it goes.

Second, Wu Ying used high interest rates or high returns as bait to raise funds illegally. When Wu Yinggang started fund-raising, the return condition reached from 30 yuan to 50 yuan per 10,000 yuan, and the middleman who introduced the fund-raising received a bonus of 30-65,438+000% per 10,000 yuan or every quarter. However, it has not carried out business activities, and even if it is carried out, it is impossible to obtain such rich profits. The reward condition for later fund-raising is that the victim has the final say. Wu Ying once instructed those who helped him raise money: anything can be promised as long as he can get the money.

Third, Wu Ying did not use the raised funds for production and business activities. Except for a small part of the illegal fund-raising in Wu Ying, which was used to cover up the truth by registering companies in traditional low-profit industries, most of the fund-raising was not used for production and operation. First, in order to create the illusion of fame and wealth, Wu Ying defrauded more money and used part of the fund-raising funds to pay the principal and high interest of the previous fund-raising; Signed a 10000 square meter house purchase agreement at one time and paid tens of millions of deposit, but did not buy a house afterwards, and did not pay the balance after bidding for land to raise the price to the highest price, so only the advance payment, deposit and deposit confiscated amounted to more than 40 million yuan; She bought more than 654.38 billion yuan of jewelry with the fund-raising money, gave it to others at will, or showed off her wealth in the office. She once said to the jeweler, "I have too much money and I don't know how to spend it." He also used fund-raising funds to sponsor and deceive the masses. The second is to squander fund-raising. Wu Ying himself confessed that shopping never cared about the price, and he often went to shopping malls to sweep goods, often buying hundreds of thousands at a time. In less than a year, personal shopping expenses for eating, drinking and having fun 10 million yuan; Wu Ying likes cars, and used the money from fund-raising fraud to buy more than 40 luxury cars such as Ferrari and BMW, totaling nearly 20 million yuan, of which a second-hand Ferrari spent 3.75 million yuan; He also gambled with the money he raised. By the time of the crime, Wu Ying had been dodging debts everywhere, unable to repay them at all, resulting in huge fund-raising funds that could not be returned and was heavily in debt.

Wu Ying's above-mentioned behavior is obviously aimed at illegal possession, using fraudulent methods of fabricating facts and concealing the truth to raise funds. First, the court of second instance found that Wu Ying constituted the crime of fund-raising fraud, which was in line with the facts of this case and the provisions of China's criminal law.

The money borrowed by Wu Ying is only a private lending behavior among friends, and there is no fraudulent means, and there is no idea of illegal possession. And all used in the company's operation, and promised to return. Therefore, Wu Ying's behavior does not constitute the crime of fund-raising fraud, but a civil dispute. On June 5438+00, 2009, Wu Ying was sentenced to death in the first instance. On June 438+00, 2065, Wu Ying refused to accept the verdict and appealed. At the second trial, Wu Ying voluntarily admitted the crime of illegally absorbing public deposits, but continued to deny the crime of fund-raising fraud. After Wu Ying was detained, in order to make meritorious service and avoid death, she reported many officials who had paid bribes. In addition, before the first trial, more than a dozen officials wrote a joint letter, asking the first-instance judge to sentence Wu Ying to death. After the judgment of the first instance, these officials asked the second instance to uphold the original judgment. Teng Biao, a teacher at China University of Political Science and Law, said, "How many officials did Wu Ying report? Who is the last name? how much is it? Have you investigated it? Which officials jointly demanded the execution of Wu Ying? How much do they profit from Wu Ying's assets? Successfully reporting corrupt officials is a major meritorious service. Why didn't the court consider it when sentencing? In the absence of so many problems, why rush to sentence Wu Ying to death? "

Besides regretting this young life, more importantly, people hope to see the turning point of China's financial reform and the progress of China's legal system through the turning point of Wu Ying's case. He Weifang, a law professor in Peking University, said that the death penalty for economic crimes actually equates life with money. People's life can't be measured by money, and the value of life is far higher than money. "As the saying goes,' murder for life', killing people, can also be said to be fatal, one life is worth one life. But why should economic crimes be sentenced to death? Economic crime, you know, a person is greedy for money, and the biggest punishment you give him is to punish him for losing everything. How necessary and valuable is it to sentence him to death? " Zhang Sizhi, a famous jurist, wrote in a letter to Zhang Jun, vice president of the Supreme People's Court, and the Chief Justice: Wu Ying's fund-raising targets are local relatives, friends and lenders. It's not that the society is uncertain about the public, and most of the funds flow into the local business field, which belongs to the legal business scope. In other words, Wu Ying didn't refute fictitious investment with information asymmetry, and its management mode and purpose were not only reasonable, but also illegal. In addition, if you deliberately set up a scam, you would have followed the example of the country's huge greed and sold your assets and fled, so you could not leave a lot of assets in the local area. In the face of the increasingly complex financial market, how to sentence may require a high degree of legal wisdom. . . Wu Ying, it should be reasonable to put people under the sword.

Yi Zhongtian has a saying that tells people how they feel about the Wu Ying case and touches the softest part of people's hearts: Is she Gaddafi? Is she Saddam? Is she bin Laden? If we don't kill her right away, will we "become a country"? I'm afraid the opposite is true! Yi Zhongtian said, "I don't know anything about finance and law, and I know very little about the Wu Ying case. But I know two things: first, it has become a basic criminal justice principle that economic crimes are not sentenced to death; Second, the facts of this case are unclear and the application of the law is controversial. Under this premise, should Wu Ying be executed immediately? People with sound minds and a little compassion will say: no! "