Typical cases of illegal business crimes
Case 1: Zhejiang Century Gold Company’s illegal business case
As found by the procuratorial organ, Zhejiang Century Gold Company’s legal representative Under Zhang Yong's decision, he began illegally operating gold futures in July 2005. Zhang Yong pointed out that his company employee Wang Jianping designed and developed an online gold futures trading system, and through vigorous publicity, attracted a large number of customers from all over the country to speculate in gold futures. The gold speculation business is all conducted through the company's network system, which is not in line with the international gold market. It is generally based on the floating quotation of the international real-time gold price for customers' reference. Customers trade with the company by buying or selling, and the company performs transactions during the transaction process. Acts as both buyer and seller at the same time, and charges customers "network usage fees" and "warehousing fees" on a per-transaction basis. The main features of the transaction are standardized contracts, deposit amplification, same-day settlement, forced liquidation, etc. In the transaction, physical gold is not delivered, and the deposit amplification is up to 50 times, that is, a 2% deposit can be used to purchase 100% of the gold contract. This type of trading has been deemed illegal futures trading by the China Securities Regulatory Commission.
Before the incident in June 2008, there were 1,217 customers on the online trading platform of Zhejiang Century Gold Company, and 176,579 transactions had been made. The company had charged gold transactions from customers. The deposit was more than 275 million yuan, and the total transaction amount after enlargement reached more than 58.3 billion yuan. According to seized account statistics, the company made at least more than 110 million yuan in profit from the illegal gold futures business.
It was also found that Zhejiang Century Gold Company also illegally operated a collective fund trust business, launched financial management plans to unspecified members of the public, signed agreements, and collected more than 20 million yuan in funds from 181 customers and transferred them to The above funds were invested in the gold market in the name of the company for gold speculation. In addition, Zhejiang Century Gold Company was registered with borrowed capital from Zhang Yong. After passing the capital verification and obtaining industrial and commercial registration, Zhang Yong was about to withdraw all the registered capital of 10 million yuan.
After the trial, the court held that the charges charged by the procuratorate were all found guilty and made a first-instance judgment in accordance with the law. The defendant Zhejiang Century Gold Products Co., Ltd. committed the crime of illegal business operations and was sentenced to a fine of RMB 71 million. The defendant Zhang Yong committed the crime of illegal business operations and the crime of evading capital contributions. He was punished for both crimes. He was sentenced to 9 years in prison and fined RMB 1.2 million. The defendant Wang Jianping was convicted of illegal business operations and was sentenced to 3 years in prison, suspended for 4 years, and fined RMB 100,000.
Case 2: Huang Guangyu’s illegal business case
Defendant Huang Guangyu violated national regulations from September to November 2007 by using RMB for settlement within the country and Hong Kong dollars for settlement overseas. Through illegal foreign exchange transactions, RMB 800 million was transferred directly or through Beijing Hengyixiang Business Consulting Co., Ltd. (hereinafter referred to as Hengyixiang Company) to Shenzhen Shengfengyuan Industrial Co., Ltd. (hereinafter referred to as Shengfengyuan Company) and other units, through Zheng Xiaowei (hereinafter referred to as Shengfengyuan Company) Separate Case Handled) and others secretly cashed in the purchase and obtained more than 822 million Hong Kong dollars (equivalent to more than 105 million U.S. dollars) in Hong Kong. The defendant Huang Guangyu violated the national foreign exchange management system, illegally bought and sold foreign exchange outside the trading venues prescribed by the state, violated national financial management regulations, and disrupted the order of the financial market. His behavior constituted the crime of illegal business operations, and the amount was particularly huge and the circumstances were particularly serious. The Beijing No. 2 Intermediate People's Court ruled that the defendant Huang Guangyu was guilty of illegal business and was sentenced to eight years in prison and ordered to confiscate part of his personal property of RMB 200 million; he was guilty of insider trading and was sentenced to nine years in prison and fined RMB 200 million. 600 million yuan; guilty of unit bribery, sentenced to two years in prison, decided to execute 14 years in prison, and fined 600 million yuan, and confiscated part of personal property of 200 million yuan.
Case Three: Yu Bohuai’s Illegal Business Case
Between March 2006 and May 2007, the defendant Yu Bohuai, in order to obtain illegal benefits, used drugs without drug supervision Without the approval of the management department and without obtaining the "Drug Business License", he purchased counterfeit "Viagra" and "VIRGRA" trademarks registered by Pfizer of the United States from Pfizer at a price of RMB 5 per pill from Xu Dong (handled separately) medicine (commonly known as "Viagra"), Yu Bohuai later sold the above-mentioned counterfeit medicine to others 4 times at a price of 1.2 to 1.5 US dollars per pill through Internet contacts, totaling 14 times
030 tablets, with a sales amount of more than RMB 130,000.
On June 14, 2007, Yu Bohuai was placed under criminal detention and arrested on July 12 of the same year. The public prosecutor charged the defendant Yu Bohuai with illegal business operations. After a trial in accordance with the law, the Shanghai No. 2 Intermediate People's Court held that the defendant Yu Bohuai in this case purchased and sold counterfeit "Viagra" knowing that it was counterfeit "Viagra" and made illegal profits from it. His behavior of selling counterfeit "Viagra" not only violated drug management System, infringement of citizens' health, infringement of my country's intellectual property protection system, and destruction of the socialist market economic order. According to Article 10 of the "Interpretations 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 Counterfeit and Substandard Commodities", "Committing the crime of producing and selling counterfeit and inferior commodities simultaneously constitutes infringement of intellectual property rights, illegal business operations, etc." For other crimes, the defendant Yu Bohuai illegally sold counterfeit "Viagra" drugs without a "drug business license" and disrupted market order. The circumstances are serious and his behavior has constituted a crime. Illegal business crime. The first-instance judgment of the Shanghai No. 2 Intermediate People's Court was that the defendant Yu Bohuai was guilty of illegal business operations and was sentenced to 2 years in prison and fined RMB 150,000; his illegal gains were confiscated.