Home Categories documentary report Deciphering the Big China Case Ⅱ

Chapter 15 Chapter Two "Flying Order" Scam

Invested in several companies, funded the filming of the TV series "Zhang Side", hosted Zhang Xinzhe and Faye Wong's personal concerts, purchased and invested in the construction of many buildings and real estate projects, went to Macau to gamble, and bribed bank personnel...The whereabouts of these hundreds of millions of funds is clear, The origin is confusing.The 100 million-yuan fraud case created by Beijing's "famous scammers" Lu Feng and Cheng Jing was finally concluded on December 20, 2006 after six years of arduous trials by Beijing's two levels of courts.In the trial history of Beijing courts, it is rare for a case to be concluded in six years.

In this major case involving bill fraud, financial voucher fraud, counterfeiting financial vouchers, fraud, embezzlement of public funds, bribery, and malpractice for personal gain, the defendant Cheng Jing was sentenced to death with a two-year reprieve, and the other defendants were sentenced to Life imprisonment ends with fixed-term imprisonment.There were 12 people involved in this major case, involving 10 bank branches, and the amount involved was as high as 225 million yuan. After the verdict was pronounced in this case, major media heatedly discussed the original sin of private entrepreneurs.The market is not a rivers and lakes, and there are certain rules of the game. No matter the original sin, or the crime of "playing capital" in market operations like Lu Feng and Cheng Jing, any behavior that violates the law must be punished by law.

The principal culprit in this case, Lu Feng, is only 40 years old. He started his own company 10 years ago, owned numerous investment projects, split up several companies, and carried out bold business operations.The final judge of this case said with some regrets: If Lu Feng walks the right path, with his ingenuity, few people can compete with him in the business war.Among the first batch of private entrepreneurs in China, Lu Feng was indeed a rare star! In the 1990s, among the giants of "flying orders" in the capital, Lu Feng and Cheng Jing took the lead. Who will compete with each other, and set a record in commercial warfare in the year of Li Zhi

Lu Feng is a native of Beijing, born in the mid-1960s.In the second year of high school, he was sent to a labor camp for one year for fighting. After graduating from high school, he worked for a newspaper for one year. In 1985, it was the cusp of the great gold panning for business in the south. The 19-year-old "hair boy" Lu Feng went to Hainan and began to cut through the waves in the business world.Soon after he arrived in Hainan, he became the deputy general manager of Hainan COSCO Group Co., Ltd., and his fortune was astonishing.In 1991, he suddenly and quietly returned to Beijing, and worked as a small employee in a Beijing company in a low-key manner.

On January 18, 1993, Lu Feng, who was only 27 years old, opened his own company, Beijing Zhongheng Enterprise Development Company.The nature of the company is collective ownership, with a registered capital of 38 million yuan.The company's business scope is electronics, chemical, mechanical thermonuclear development, transfer, research and sales of new products, as well as economic information consulting services.As of the first half of 1996, Lu Feng's Zhongheng Company was operating well.In the past three years, the company has continued to expand its scale, with industries all over the country, and has achieved amazing business success.

By 1996, Lu Feng, who was just in his thirties, was full of glory, and his industries were almost all over the country.In Shanxi, Lu Feng established Shanxi Nandu Construction and Development Co., Ltd. to manage real estate development. The residential quarters he invested and built have been sold and moved in; he also established Shanxi Fengyu Aluminum Co., Ltd. to produce electrolytic aluminum, and the factory is still in operation; In Hunan, Lu Feng established Hunan Meiqi Real Estate Co., Ltd. to manage real estate development; in Sichuan, he co-operated Sichuan Zhongheng Huachun Liquor Co., Ltd. to produce and sell Zhonghua Chun brand liquor; in Beijing, there are countless industries, and he invested The Nanyang Building under construction rose from the ground; he also successively established Beijing Nanhua Pharmaceutical Co., Ltd. to actively develop and put into production anti-cancer drugs, and the sales volume has been good so far; He also established Beijing Nanling Metal Products Co., Ltd., imported related equipment, produced and sold metal products; established Zhongheng Nanyang Property Development Co., Ltd., which later sold 80% of its shares and became Beijing Modern Nanyang Real Estate Development Center.In addition, Lu Feng also invested in Zhonglian Industrial Co., Ltd. and held shares in Zhonglian Construction Co., Ltd.

Lu Feng seized every possible business opportunity and rocketed the company's investment and influence.In just over three years, Zhongheng Company has made remarkable achievements in investment and construction of real estate, opening of aluminum mines, wineries, research and development of anti-cancer drug Tomac, casting of TV dramas, and hosting individual concerts of celebrities.The company's assets quickly climbed from 38 million yuan to 100 million yuan.He even invested in cultural entertainment, such as filming TV series "Operation Iron Eagle" and "Zhang Side", and holding personal concerts of Zhang Xinzhe and Faye Wong.For a while, Lu Feng seemed to be a successful person in the business world.

The good policy of reform and opening up provides a good political and social environment for the development of the company. If Lu Feng is calm-headed and operates in a law-abiding manner, he may become one of the first rising stars in China's private enterprises.However, he was dazzled by the huge scale of the company, and the ambitious business policy made him see that the company was blindly expanding by means of loans, and had already planted the risk of huge debts. In 1996, Zhongheng Company experienced operating difficulties.Lu Feng fixed his eyes on the bank's "cash drawer".

Such a rapid development of operation and investment must be backed by abundant funds, and project returns alone are not enough.Without the lubricant of money, such a large operation cannot proceed normally.At this time, Lu Feng clearly felt that his "money" was tight. "Making money" was the top priority for Lu Feng. In fact, as early as 1992, when Lu Feng was working in a certain company in Beijing, his main job was to "produce capital", that is, to "make money" for the company.The so-called "funding" is to find a relationship in the bank for "extracorporeal circulation".The so-called "extracorporeal circulation" means that the bank does not record the money deposited in the bank by the depositor, but directly hands it over to the money user for use, and the money user pays the interest.This approach of the bank is an illegal operation, and it has to bear the risk of losing everything and legal responsibility.And the reason why Lu Feng quietly returned to Beijing from Hainan back then was also because of the "black hole" created by "making funds". From 1989 to 1991, Lu Feng borrowed 50 million yuan from the Hainan branch of a bank for a certain company in Hainan, which he could not repay after the due date. In August 1991, he quietly ran back to Beijing.

In order to support the operation of his company, Lu Feng, who is well aware of the turnover of financial funds, has tried his best to find friends and contacts. He can do anything as long as he can get money. In the second half of 1996, when the company's investment and operation funds were tight and it was difficult to obtain bank loans, Lu Feng, as the legal representative, chairman, and general manager of Zhongheng Company, convened the company's deputy general manager, financial director, business manager, etc. The subordinates discussed the issue of funds, and he asked everyone to "get" the money by all means.

Returning to the old business, "extracorporeal circulation" committed the crime of falsifying financial documents At the beginning of 1996, Lu Feng got acquainted with Liu Zhumin, director of the Hepingli branch of the Beijing Dongcheng Branch of the Industrial and Commercial Bank of China, and Sun Yuliang, a staff member of the branch.In Liu Zhumin's office, Lu Feng discussed with Liu Zhumin that Lu Feng would bring in deposits at high interest rates, and the Hepingli sub-office would issue a deposit certificate to the depository unit, and transfer the money to Lu Feng's company's account for Lu Feng's use.This is the so-called "extracorporeal circulation", and it is "off-book operation" for banks.The two parties finally negotiated: Hepingli Branch Office charged a 1.7% handling fee for deposits. After the deposits matured, Lu Feng's company would pay the depositors the principal and interest.Sun Yuliang helped Lu Feng open an account for Zhongheng Company at the Hepingli sub-office. Before long, Lu Feng successively used high interest rates as bait to attract 4 deposits totaling 80 million yuan. The Ping Branch Office issued 5 certificates of deposit, handed them over to the depository unit, and deposited the money directly into Zhongheng Company’s branch office. On the account, Lu Feng paid a total of 6.57 million yuan in high interest. Afterwards, Lu Feng also asked Liu Zhumin to get some deposits for him, and promised a high interest rate of 15% to 20% of the deposit amount.Soon, another 60 million yuan was added to Zhongheng Company's account. This money was used by Liu Zhumin to use the house money managed by the bank's real estate credit department for a certain unit.Liu Zhumin and Sun Yuliang demanded to pay 1.7% of the bank service fee, totaling RMB 2.38 million, which was kept by Liu Zhumin.Since this part of the funds is bank supervision funds, Liu Zhumin and Sun Yuliang also asked Lu Feng to pay an additional 15% high interest rate for the supervised unit.Lu Feng agreed without thinking.Among them, the bank actually paid 10.98% of the time deposit interest to the supervised entity, and there was an interest rate difference of 4.02%, which was more than 3 million yuan. Lu Feng converted it into cash several times and handed it to Liu Zhumin.Liu Zhumin and Sun Yuliang chose random names and deposited the money, and Sun Yuliang kept the passbook.After the incident, according to Liu Zhumin's confession, they did not dare to move the money from the interest difference.Only the money for the handling fee was "taken away" by the branch office, leaving about 500,000 yuan.In addition to treating customers to dinner and buying gifts, these "going expenses" handling fees also include buying things for the employees of the unit, sharing some money, and so on. To be on the safe side, Liu Zhumin and Sun Yuliang asked Lu Feng to provide a mortgage.Later, Liu Zhumin approached Lu Feng again and asked him to find a way to open some certificates of deposit.Lu Feng immediately asked a certain branch for three blank "Construction Bank Unit Time Deposit Receipts", went to Shenzhen to engrave an official seal of the Zhanlu Sub-branch of Beijing City Cooperative Bank, forged the three deposit receipts, and handed them to Liu Zhumin and Sun Yuliang as collateral storage.At that time, Liu Zhumin and Sun Yuliang discovered that the deposit certificate belonged to China Construction Bank, but the official seal on the deposit certificate belonged to the cooperative bank, and the paper used for the deposit certificate was very thin, but Liu and Sun did not raise any further objections.After the incident, when the public security officers interrogated Liu Zhumin about the authenticity of the three deposit receipts, Liu Zhumin said, "I didn't know they were fake. At that time, we thought of checking with the cooperative bank." Of course, Liu Zhumin didn't check because of their actions. It is an "off-book operation" done without telling the superiors, and if you are too "serious", you will expose yourself. In 1997, four one-year deposits drawn by Lu Feng came due one after another, and Lu Feng repaid two of them with the principal and interest.After repaying part of the other two sums, they said that there was no money to repay.Despite Liu Zhumin's repeated urgings, Lu Feng still didn't pay any money back.Seeing that Zhongheng Company was unable to repay the borrowed funds, Liu Zhumin surrendered himself to his unit. On May 1, 2001, Liu Zhumin was arrested on suspicion of illegally granting loans and embezzling public funds. With regard to the issue of the 140 million yuan of funds, the court found after the trial that "the Hepingli Branch Office suffered a final loss of more than 85 million yuan." The branch office provided a huge amount of counterfeit deposit certificates, which caused huge losses to the national interests. Its behavior constituted the crime of counterfeiting financial bills, and the circumstances of the crime were particularly serious. The defendant Liu Zhumin did not perform his duties because of favoritism, causing serious losses to the unit, resulting in The national interests have suffered heavy losses, and his behavior has constituted the crime of favoritism and fraud." In this case, Sun Yuliang, who was involved in the case, was under too much mental pressure and eventually became mentally disturbed, so the trial was suspended by the court of first instance. Money tightened, "open mouth" engraved fake seal "make money" Time entered 1997, and the "money" of banks was tightened. Lu Feng, who was looking for funds everywhere, tried to find several banks to do "extracorporeal circulation" without success.Zhang Chongde, the manager of the business department of Zhongheng Company, became Lu Feng's "breakthrough soldier". This Zhang Chongde was sentenced to three years of reeducation through labor in September 1977 for theft. In October 1997, Zhang Chongde got acquainted with a person surnamed Zhao, and made a deposit of 10 million yuan through him. The deposit unit was Harbin Poly Company.With a deposit, no one in the bank can get the money into his own account and use it, so he has to "open his mouth".The so-called "opening" in technical terms means that someone in the bank cooperates to take out the bank's seal reserved by the customer and use it for fraud. Zhang Chongde thought of Zhu Gangyi, a staff member of the Nanyuan Branch of the Beijing Fengtai Sub-branch of the Industrial and Commercial Bank of China, and Li Jianzhong, the director of the branch.Zhongheng Company had deposits with the branch. In order to be able to use the money from the Harbin Poly Company, Lu Feng and Zhang Chongde took Li Jianzhong and Zhu Gangyi to the VIP Building Restaurant many times to eat, drink and have fun. "This funding.After Li Jianzhong refused to do "extracorporeal circulation", Lu Feng asked for the reserved signature card that the depository unit left in the bank when making deposits, and asked Zhang Chongde to do Li Jianzhong's work.Once in the VIP building, Zhang Chongde called Li Jianzhong out alone for a discussion, expressing that he wanted to use the deposit he brought in. Li Jianzhong said: "This is a matter between your two families. Don't make trouble, don't make trouble for me." Zhang Chongde guaranteed the ticket : "Guarantee no problem, the relationship between our two units is very good." Within a few days, Zhang Chongde showed up at Li Jianzhong's office with people from Harbin Poly Company.Li Jianzhong checked the business license held by the visitor, and seeing that it was a foreign company, he did not agree to open an account.Zhang Chongde brought others to register Beijing Poly Company in Beijing.A week later, they came to the bank with the full set of registration procedures of Beijing Poly Company. Li Jianzhong finally agreed to make a deposit and asked Zhu Gangyi to go through the procedures for them.At this time, Zhang Chongde asked for a reserved signature card of a depository unit, and Li Jianzhong said, "Let Zhu Gangyi give you one more." Put the card in your trouser pocket.Later Zhang Chongde said in court: "When I went back to drive, I even touched the signature card in my trouser pocket, for fear that I would be trapped." Zhang Chongde handed the seal card to Lu Feng, and Lu Feng handed the card to Zhao.Within a few days, Zhao brought the financial seal and legal person seal of Beijing Poly Company.Lu Feng then sent people to the Nanyuan Branch Office to pretend to be someone from the Beijing Poly Company to buy checks. They forged transfer checks and transferred RMB 9.995 million from the ICBC Nanyuan Branch Office. Joined Beijing Haidian District Kun's Technology Development Company.This Kun's company was opened by Lu Feng's friend. In June 1996, Lu Feng borrowed the industrial and commercial registration procedures from his friend and opened a basic account at the Balizhuang Branch of the Beijing Chaoyang Branch of the Industrial and Commercial Bank of China, where he could withdraw cash.Lu Feng used this account to transfer money, paying the high interest rate of the depository unit and the favor fee of the middleman. This was the first sum of Lu Feng's "money making" identified by the court.The so-called "making money" is to use high interest rates to attract depositors, so that depositors open accounts in designated banks to deposit, and after the money is credited, they forge the financial seal of depositors to transfer the money out of the bank.The court determined that this "making money" caused a loss of RMB 8.384 million.Li Jianzhong, director of the Nanyuan branch of the Beijing Fengtai Sub-branch of the Industrial and Commercial Bank of China, and Zhu Gangyi, a staff member involved in this "making money", the court held that "the defendants Li Jianzhong and Zhu Gangyi, as state employees, took advantage of their positions to allow , Helping others to use the unit’s public funds has constituted the crime of misappropriating public funds, and the amount of public funds embezzled is huge and will not be returned.” The key to "making money" is "making a hole".Lu Feng and Zhang Chongde tried every means to make "openings" and find "openings".Another criminal in this case, Chen Jie, in March 1998, in order to be able to use a deposit of 5 million yuan from a publishing house brought in by the gang, approached the Agricultural Bank of China, Xicheng District, Beijing, whom he had known for a long time. Ning Xueru, a staff member of the Xizhimen branch of the sub-branch, dragged him into the water.Ning Xueru accepted the favor fee of 16,000 Hong Kong dollars from Chen Jie, and took advantage of his position to provide Chen Jie with the original signature card, causing them to "fraudulently transfer 4.996 million yuan and cause a loss of 2.026 million yuan". In April 1999, in the case of Zhang Chongde, Cheng Jing, Mo Xiaojun, and Chen Jie jointly defrauding a Beijing organization of 10 million yuan, Xie Huanguang, a staff member of the Silutong Branch of the Fengtai District Branch of the Agricultural Bank of China, accepted Chen At Jie's request, taking advantage of his position, he provided Chen Jie and Zhang Chongde with the organization's reserved signature card in the bank.The court held that: "Defendants Xie Huanguang and Ning Xueru, as state employees, took advantage of their positions to illegally accept other people's property and seek benefits for others. Their actions constituted the crime of accepting bribes." Get rid of the "opening", high-tech "flying orders" to make money However, the huge amount of illegally borrowed funds still cannot satisfy Lu Fengqi's ambition to radiate the business of Zhongheng Company to the whole country. However, the funds and loans illegally borrowed have a period of use and high interest. Saying that, repaying the loan and interest on schedule is a heavy burden.Lu Feng began to seek new ways to raise funds again. At this time, an old friend became Lu Feng's new partner until they walked into the high walls of the prison together.He is Cheng Jing. Cheng Jing, 50, is the general manager of Beijing Jinshiye Building Decoration Materials Co., Ltd. In 1982, he was sentenced to 5 years in prison for fraud and speculation.After serving his sentence and being released, he had nothing to do and no proper job. He lived a wandering life. Although he helped others in some businesses, he didn't have much opportunity and development.Later, I registered Beijing Jinshiye Building Decoration Materials Co., Ltd., but I lost more and earned less, making ends meet.In the first half of the 1990s, the criminal method of defrauding depository units of funds from banks with forged bills quietly appeared under the guise of high interest rates, and gradually became popular. Only Cheng Jing, who was educated in junior high school, had superhuman courage. This is a lucrative "buy and sell". Lu Feng and Cheng Jing met as early as 1986 in Hainan, and later they returned to Beijing successively.Cheng Jing and Lu Feng conspired and jointly carried out 20 fraud cases. During the three-year period from October 1997 to October 1999, 10 companies involved in the fraud included Industrial and Commercial Bank of China, Agricultural Bank of China, Construction Bank of Beijing, Beijing Commercial Bank, Industrial and Commercial Bank of China and Construction Bank of Tianjin, Dalian and other places. Sub-offices, and some sub-offices were even cheated continuously.Among those who continue to be involved in crime are bank workers, workers in state-owned enterprises, company workers and the unemployed. In December 1997, Cheng Jing pulled a deposit of 5 million yuan from Yanhuang Art Museum through Zhao, and Cheng Jing and Lu Feng discussed "doing" the money.In order to have a "hole", Lu Feng suggested to deposit the money at a branch office of a certain bank, but when Lu Feng called to find an acquaintance, that person had already transferred away.They asked people from the Yanhuang Art Museum to deposit the money at the Hepingli Sub-branch of the Dongcheng Sub-branch of the ICBC Beijing Branch where Li Jianzhong, whom Lu Feng knew, worked for.At this time, Cheng Jing had obtained the reserved signature card of Yanhuang Art Museum through Zhao.They handed over the reserved signature card to Zhang Chongde, asking him to find someone to engrave a fake seal.In order to be able to master the link of counterfeiting stamps by themselves, Cheng Jing and Lu Feng flew to Hong Kong that night and wanted to buy a computer stamp engraving machine to come back.But after arriving in Hong Kong, they heard that the machine was not working well, so the two returned empty-handed. After returning, Zhang Chongde brought a chapter.Lu Feng asked Cao Zungang, the financial director of his company with many years of financial experience, to check it out. Cao Zungang compared the corners and said, "No, it can't be used." Lu Feng asked Zhang Chongde to reserve a signature card before looking for someone else, but Zhang Chongde hesitated. Said: "The seal engraver was arrested, and even the stamp and the reserved signature card were copied." Lu Feng had no choice but to find another person, and they soon found Wu who was said to be able to engrave a fake seal.Wu laughed at them and said: "There are still engraved seals these days. It's really rare. As long as you have a sample stamp, I can guarantee to make exactly the same." How to get the financial seal and legal person list of the depository unit?It is no longer feasible to reserve a signature card.Lu Feng thought of a way, asking the depository unit to write a letter of commitment, requiring the company's financial seal and the name seal of the legal person to be affixed on the commitment letter.The letter of commitment was quickly obtained, and Lu Feng handed it to Wu, agreeing to deliver the goods in the evening.Lu Feng and Cheng Jing were very puzzled, and they began to guess what Wu would do on the way.Cheng Jing, who used to be in printing, guessed that it was photoengraving. He said: "But it takes a long time, so it is impossible." Lu Feng said: "My analysis is a computer engraving machine." Cheng Jing said: "I will take it in the evening You'll know when you get to the chapter." In the evening, Lu Feng and Cheng Jing came to the appointed place, and when they saw Wu, they asked, "Where is Zhang?" Wu pinned a check purchase receipt with his fingernails and said, "I don't give you Zhang, Go buy the check first, stamp the check after you buy it, and then destroy it." Lu Feng and Cheng Jing dubiously took the receipt of the check and returned to Cheng Jing's office.According to the regulations of the financial system, when buying a check for the first time, you need to fill in the check purchase voucher at the bank, and you need to hold the voucher to purchase the check in the future. Lu Feng said worriedly: "Take out the letter of commitment and check it out." Since the letter of promise was in Wu's hands, he called Wu.Wu said on the phone: "Don't worry, go buy a check. I'll be responsible for any problems." Early the next morning, Cheng Jing asked his accountant and Cao Zungang to buy a check, and they quickly bought a copy of the check.Cheng Jing and Lu Feng called Wu and asked him to come over and get the stamp. They really wanted to see Wu's engraved seal, but they didn't know that Wu hadn't engraved a seal at all.Wu asked people to take the check away and asked them to wait for his call. After two o'clock in the middle of the night, Wu brought a stamped check.Cheng Jing asked him where the chapter was?Wu said it was ruined.The next morning, Cheng Jing and Lu Feng took out the check made by Wu and studied it carefully.Cheng Jing's mimeograph was very thick, it didn't look like it was stamped, but it seemed to be printed with a color inkjet printer.Immediately, Cheng Jing called Shen Kaiping, a senior engineer of the company and co-worker of the case, and asked him, "Can you get the stamp on the check onto a piece of paper?" Shen Kaiping said, "Try it." As an engineer, he first used a scanner to scan the seal and name list into the computer, repaired it, quickly printed it out, and handed it to Cheng Jing.Cheng Jing suddenly realized, and said, "It's like taking a photo." Lu Feng said, "I have an old check, let me try it." Then, he called Cao Zungang, the financial director of his company, to bring a copy from Kun's company. old check.Shen Kaiping used the same method to scan Kun's company's financial seal and Lu Feng's personal name seal, and printed these two seals on a bank check purchase voucher they found. Lu Feng asked Cao Zungang to go to the bank to buy a check, and soon I just bought two checks from Kun's company.Shen Kaiping printed the stamp on the check with a printer, Cheng Jing and Lu Feng felt good after seeing it.Lu Feng said happily: "Now there is no problem, as long as there is a letter of commitment, I can do any business." Afterwards, they boldly let go of the "opening" and asked the depository unit to issue a letter of commitment with a deposit period of one year, and required that the letter of commitment be affixed with the financial seal of the unit and the personal name seal of the legal person, which is called a guarantee. Two chapters to facilitate their forgery.Then, use computer technology to forge the check purchase voucher to purchase the check, and then use the forged check to transfer the money from the depository unit.This is the so-called "flying order". At the end of the 1990s, "flying single" celebrities appeared in Beijing, and Cheng Jing and Lu Feng were one of the "heroes". In order to make more accurate counterfeit checks, Lu Feng and Cheng Jing spent 50,000 yuan to buy a Jingdiao machine and asked Shen Kaiping to learn how to use it.They become more and more proficient in doing it. Sometimes they make a check purchase certificate on the first day, buy a check as soon as the money arrives on the second day, make a fake check, and withdraw the deposit on the third day.Although he is familiar with the road, the meticulous Lu Feng always asks Cao Zungang, the company's financial director, or himself to compare the chapters carefully, and makes a phone call before buying the check.Of course, some units are also very shrewd, and only put half a stamp on the commitment letter.They went to the "opening" again and took the bank's reserved signature card. During the entire process of "flying orders" to make money, Lu Feng and Cheng Jing were responsible for organizing decision-making, directing the division of labor, deciding the account to which the defrauded funds were transferred, allocating the amount of stolen money to the co-accused, controlling the use of stolen money, and paying high interest on deposits. Zhang Chongde intervened between the depository unit and the middleman, negotiating with the other party on the amount and term of the deposit, designating the bank to open the account, obtaining a reserved signature card or letter of commitment, and paying high interest by hand; Shen Kaiping was instructed by Cheng Jing to be in charge of Copy seals on various bank procedures; others, such as Mo Xiaojun, Zhang Xiaolong, and Chen Jie, participated in related fraudulent activities, negotiated with depository units, and pretended to be financial personnel of depository units to purchase vouchers or checks, handle transfer procedures, and obtain from banks Signature cards, etc. The Beijing Higher People's Court confirmed in the verdict that: from October 1997 to September 1999, the defendants Lu Feng, Cheng Jing, Zhang Chongde, Shen Kaiping, Zhang Xiaolong, Mo Xiaojun, Chen Jie and others formed gangs and wantonly carried out bill fraud crimes Activity.Among them, under the instigation of Lu Feng, Zhang Chongde participated in the bill fraud crime organized by Lu Feng and others, and jointly carried out the bill fraud with Mo Xiaojun and others; Shen Kaiping, under the instigation of Cheng Jing, participated in the bill fraud crime organized by Cheng Jing and others , mainly responsible for duplicating seals, forging bank notes and vouchers.Defendant Cheng Jing participated in 17 bill frauds, 1 of which was attempted, defrauding more than RMB 125 million; defendant Lu Feng participated in 12 bill frauds, defrauding more than 70 million RMB; More than RMB 120 million; defendant Zhang Chongde participated in 9 bill frauds, defrauding more than RMB 49 million; defendant Zhang Xiaolong participated in 1 bill fraud, defrauding RMB 19.99 million; defendant Mo Xiaojun participated in 1 bill fraud, defrauding RMB 9.97 million Defendant Chen Jie participated in two bill frauds, defrauding more than RMB 14.96 million. The bank's pursuit of loans led to a fraud case of 100 million yuan in Beijing How was such a crazy crime discovered?This has to start from 1995. In September 1995, Zhongheng Company moved its office to the courtyard of a municipal company in Beijing, and the two companies jointly developed Nanyang Building. In April 1996, a municipal company decided to build a residential complex on a self-used vacant land in Chaoyang.When building No. 4 Tower, there was insufficient funds. Lu Feng proposed that Zhongheng Company should fund the construction, and the two parties signed a joint construction agreement: "No. RMB 1.62 million (later, RMB 1.62 million was added to seal the balcony, totaling RMB 68.48 million). The investment price is covered at one time and will not be affected by policy price adjustments. After the building is completed, it will be owned by Zhongheng Company. When the policy conditions are met, the building will be owned by a municipal company , to assist in the transfer of property rights. After completion, a municipal company used 45% of the total construction area, and Zhongheng Company occupied 55% of the total construction area.” By the time the project was completed in November 1997, Zhongheng Company had actually invested RMB 67.5 million RMB 980,000 is still owed for the project. In November 1997, Zhongheng Company accumulatively owed principal and interest of RMB 65 million to Huaxia Bank.Huaxia Bank pursued it many times. In December 1997, the board of directors of Zhongheng Company decided to borrow RMB 90 million from Huaxia Bank with the pledge of No. 4 Lianjian Building.The two parties reached an agreement: Zhongheng Company pledged No. 4 Lianjian Building to borrow RMB 85 million from Huaxia Bank, and repay the principal and interest of RMB 65 million in advance. The loan period is one year, that is, from December 31, 1997 to December 1998 On the 30th, the interest rate was 7.92‰.Lu Feng pointed out that due to owed part of the project funds, the property rights transfer procedure of Building 4 had not been completed.For this reason, the two parties went to the site to inspect and evaluate, and believed that Building No. 4 was worth 130 million yuan, and 94 million yuan could be mortgaged.The bank asked Lu Feng to issue relevant documents to prove the joint construction and property rights of Building 4 by a municipal company.In order to get the loan, Lu Feng drew up a letter of confirmation based on the old documents of a municipal company. The content was that the municipal company agreed to Lu Feng's full authority to handle Building No. 4, which could be transferred, mortgaged, sold, etc.With the help of Cheng Jing and Shen Kaiping, Lu Feng scanned the official seal with a computer and printed it.And in duplicate, one was given to the notary office, and the other was given to the bank as an attachment to the loan pledge document.Without checking, the bank lent 85 million yuan to Zhongheng Company at the end of 1997, and recovered the principal and interest of 65 million yuan previously owed by Zhongheng Company.The rest of the money, Zhongheng Company paid the final payment to a municipal company for a real estate project, invested in its subsidiaries Nanguang Electronics Co., Ltd., Beijing Nanhua Pharmaceutical Co., Ltd., Sichuan Qionglai City Zhongheng Huachun Wine Co., Ltd., and filmed the TV series "Zhang Side", etc. . At the beginning of 1999, Huaxia Bank approached Lu Feng several times to demand repayment of the loan. In May, it applied to Beijing No. 2 Intermediate Court for litigation preservation, and at the same time sued for loan contract disputes. On June 1, the Second Intermediate People's Court of Beijing sealed up Building No. 4 and asked a municipal company to provide relevant construction documents for Building No. 4.On the 3rd of the same month, a municipal company reported the case to the public security organ on the grounds that Lu Feng forged documents and would cause heavy economic losses to the company. On July 14, Lu Feng was placed under residential surveillance for the case of Liu Zhumin, director of the Industrial and Commercial Bank of China Beijing Dongcheng Sub-branch and Hepingli branch, who illegally borrowed 140 million yuan. On August 9, he was criminally detained on suspicion of forging the official seal and documents of a municipal company, and was arrested on September 16.Some of the other personnel in this case surrendered one after another, and some were arrested and brought to justice. Regarding Lu Feng's forgery of the official seal and documents of a municipal company, the court found that although a municipal company did not deliver Building No. 4 to Zhongheng Company, according to the joint construction contract signed by the two companies and Zhongheng Company's performance of the contract , Zhongheng Company actually already owns the relevant rights and interests in Building No. 4.Zhongheng Company used the right to use Building No. 4 as collateral for a loan to Huaxia Bank. It did not provide a false mortgage. The forged documents by Lu Feng and others could not have a substantial impact on Zhongheng Company's ability to guarantee loan repayment, and Zhongheng Company could not become a Therefore, the actions of the defendants Lu Feng, Cheng Jing, and Shen Kaiping did not constitute a crime. In these several major cases up to hundreds of millions of yuan, but never reported by the defrauded unit.The reasons are as follows: firstly, the deposit was not found when it expired; secondly, some defrauded units asked for it many times, and Lu Feng returned it; thirdly, the high interest rate promised by Lu Feng had already been obtained.Another important reason is that they use the deposits in their hands to obtain high interest rates, which is itself a shameful illegal act. Where will the 100 million yuan of funds go? This case mainly involved Lu Feng and Cheng Jing, involving 12 people and 10 bank branches. Yuan fraud was attempted, and part of the stolen money was recovered and returned before and after the incident. Except for the stolen money distributed by Lu Feng, which was mainly used for the operation of Zhongheng Company, the other stolen money was mainly squandered by other defendants, resulting in a national economic loss of 100 million yuan. More than 20 million yuan." In addition to paying the high interest promised to the depository unit and bank interest, the stolen money obtained by Lu Feng was mainly used in the company's operations. For example, he defrauded Poly Company of 10 million yuan and transferred 9.995 million yuan. , 1.5 million yuan was transferred to Sichuan Zhongheng Huachun Liquor Industry Co., Ltd. invested by Zhongheng Company, and 250,000 yuan was transferred to Zhongheng Company to invest in the filming of the TV series "Zhang Side".Some of the other fraudulent funds were transferred to restaurants invested by Zhongheng Company, or used for Zhang Xinzhe and Faye Wong's personal concerts hosted by Zhongheng Company.After some depository units found out that they had been cheated, they pursued them many times. Lu Feng made up for the loss of the other party and refunded all the cheated money.In addition, there are also acquisitions and sales of Xinhuafeng Commercial and Residential Buildings; investment in the renovation of dilapidated buildings at the market entrance; and the deposits of 80 million yuan from the first four "extracorporeal circulation" with Liu Zhumin, which have been repaid when due Two of them were paid, and the rest was partially repaid. When the judge asked Lu Feng "why did he do this", he said: "Because the Agricultural Bank of China was pressing, I had no money in hand, and ICBC's Hepingli Branch Office was unable to pay back the 85 million yuan, and Huaxia Bank was also unable to pay back. Repayment of the loan of more than 80 million yuan was very urgent, so I did it." Lu Feng said many times, "I will find a way to repay the part made of fake seals." Lu Feng's stolen money was used for business operations, but was recovered after the incident, which saved Lu Feng's life.Most of the other people's stolen money was squandered.When the judge interrogated Cheng Jing, Cheng Jing said: "At the beginning, I really wanted to pay it back, but later I lost money in gambling in Macau, and I couldn't pay it back. gone." This case has lasted for 6 years since the case was filed in 1999. The Second Intermediate People's Court of Beijing made a first-instance judgment on this case in October 2001: the defendant Lu Feng committed bill fraud, financial certificate fraud, and loan fraud. It was decided to execute the death penalty, deprive him of political rights for life, and confiscate all personal property.The defendant, Cheng Jing, committed the crimes of bill fraud, financial certificate fraud, and loan fraud. He decided to execute the death penalty, deprive him of political rights for life, and confiscate all his personal property.Defendant Zhang Chongde committed bill fraud and was sentenced to death with a two-year reprieve, deprived of political rights for life, and confiscated all personal property.The other defendants also received different sentences. After the verdict was pronounced, Lu Feng, Cheng Jing, Zhang Chongde and others refused to accept it and filed appeals respectively.The Beijing Higher People's Court made a criminal ruling in November 2003, rejecting the appeals of Lu Feng, Cheng Jing, Zhang Chongde and others, affirming the original judgment, and submitting it to the Supreme People's Court for approval and ruling.The Supreme People's Court issued a criminal ruling in November 2004. On the grounds that the facts identified in the first-instance judgment and the second-instance ruling were unclear and the evidence was insufficient, the criminal ruling of the Beijing Higher Court and the first-instance criminal judgment were revoked according to law, and the case was sent back to the first-instance court for retrial. Afterwards, the court of first instance formed another collegiate panel in accordance with the law and heard the case in public.Judgment delivered in January 2006.宣判后,原审被告人张重德、张小龙、莫小军、朱刚毅、宁学茹不服,分别提出上诉。北京市高级人民法院于2006年12月20日作出终审判决: 被告人成敬犯票据诈骗罪,判处死刑,缓期2年执行,剥夺政治权利终身,并处没收个人全部财产;犯金融凭证诈骗罪,判处有期徒刑13年,并处罚金人民币13万元:决定执行死刑,缓期二年执行,剥夺政治权利终身,并处没收个人全部财产。 被告人陆锋犯票据诈骗罪,判处无期徒刑,剥夺政治权利终身;犯伪造金融票证罪,判处有期徒刑14年,并处罚金人民币40万元:决定执行无期徒刑,剥夺政治权利终身,并处罚金人民币40万元。
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