Defendant: will, Qian'an City native general merchandise cotton company manager, Qian'an City Huiyuan native general merchandise Co., Ltd. General Manager.
Prosecutor accused, June 1993 to March 2000, the defendant will either Qian'an City grocery company and Qian'an City native general merchandise cotton company manager during the period, has ordered the company financial personnel in the & ldquo; other payment & rdquo; accounts set up a false debt account 10, the company owned assets 1069980.24 yuan to external debt. Implementing "bearing debt type directional sold as a whole in the process of reform, the defendant will in order to achieve the purpose of illegal possession, ordered the defendant Guo Ruihua, Cai Xuemin taken to conceal not quote means in 2000 March Qian'an City native cotton company, according to the installed fake accounts reporting financial evaluation data. In June 22, 2002, the defendant will buy the company will be 1069980.24 yuan of assets for himself, guilty of embezzlement.
Defense ideas: the defense lawyer after careful analysis of the case, think of a result of the assets of the enterprise, restructuring costs have been fixed for the workers placement fees, in order to carry out the overall sale of bonds in the way of the implementation of restructuring, not the problem of misappropriation of assets, but also did not have the actual occupation of corporate assets and consequences, and thus does not constitute the crime of embezzlement.
The outcome of the trial: 2003 September 26, Qian'an City People's Court of first instance verdict will constitute the crime of duty encroachment, sentenced to eight years imprisonment, the appeal, the Tangshan City Intermediate People's Court of second instance on facts unclear, insufficient evidence remand. March 27, 2004, Qian'an City People's court after a re trial, the defendant does not constitute the crime of embezzlement, the defense lawyer's point of view to be adopted, but that the defendant constitutes a crime of obstruction of liquidation, 2 years 6 years in prison, the appeal, the second instance ruling to maintain. The case is still under appeal.
First instance
The presiding judge, the full court:
Beijing Kyoto law firm to accept the defendant's party will be the principal, appointed Han Jiayi counsel as party will be held in the case of the defendant's defense of the accused person. After accepting authorization, a lawyer of marking, survey work, through the court counsel that have prosecutor accused the defendant guilty of embezzlement can not be established, the specific reasons are as follows: < br / >
One, does not have the subjective intention of the crime of Embezzlement:
1 the defendant will be the legal representative of the restructuring of enterprises is very clear about the financial situation of the enterprise has been bad to what kind of extent, and a clear understanding of the restructuring charges that the cost of the restructuring of the enterprise is the cost of workers, regardless of the number of property rights and interests of enterprises, restructuring costs will not change.
2 the higher authorities, the leadership of the organization, the temporary establishment of the restructuring leading group members have confirmed that no application for the purchase of.
. superior leadership organs conference record, native general merchandise company meeting record that the defendant was not offered to purchase in the restructuring of enterprises.
4 in the process of restructuring, in order to make the enterprise's net assets are not many, in order to make the evaluation results reflect the financial situation is more good-looking, more easily accepted by the buyer, the defendant even with the higher authorities to take the initiative to find the assessment agencies, in order to expect the enterprise has the housing, land assessment value.
5. In the process of the reform of all the minutes of the meeting show that restructuring in accordance with requirements of the restructuring documents, logical step by step, the defendant in the restructuring process neither can not, can not control the restructuring work results.
6 competent authorities, the leadership of the competent authorities of the record certificate, when the company did not apply for the purchase, the competent authorities to discuss the decision to allow the defendant to buy, and to study the assignment of specific personnel to talk to do the mobilization work.
. although the competent authority leadership decided to mobilize the defendant to buy, and has been looking for a party will pep talk, but the defendant did not immediately comment agree, but to wait for native team members held a meeting to discuss, listen to the members of the team were expressed support for the purchase before deciding to buy.