The central grain reserves are food and edible oils reserved by the central government for regulating the total supply and demand of grain in the country, stabilizing the grain market, and responding to major natural disasters or other emergencies. Their safety is of great importance. However, some people have used its idea.
The "Legal Daily" reporter recently learned from related parties that Zhang Bao, the legal representative of Henan Huai County Billy Bo Grain and Oil Deep Processing Co., Ltd., used the company to accept the Central Reserve Grains Anyang Direct Depot to entrust wheat (2589, -13.00, -0.50) On the occasion of %), together with his wife, Niu Feng, sold 937 tons of self-owned wheat and received RMB 1.6 million yuan, which he took for himself. The Huai County People's Procuratorate brought a public prosecution to the court for the couple's suspected crime of corruption. Recently, the Huai County People's Court found that the behavior of the two individuals was a contract fraud and sentenced them to 12 years and 10 years of imprisonment and a fine.
The entrusted management of the investigation of unlicensed private companies in the self-pirating court found that the defendant, Zhang Bao, was the legal representative of Billion Bo. Since the company did not participate in the annual review, it was revoked by the County Industrial and Commercial Bureau on March 10, 2008.
On October 31, 2008, Zhang Bao signed the "2008 Minimum Purchase Price Grain Storage Security Contract" with the Central Reserve Grain Anyang Direct Bank in the name of Yibo Company, and held the lowest purchase price for 2008 for the Central Reserve Grain Anyang Direct Bank. 10,848 tons of wheat. This grain ownership belongs to the State Council, which is the Central Reserve Grain. The central government is used to adjust the total supply and demand of grain in the country, stabilize the grain market, and deal with major natural disasters or other emergencies. No unit or individual may use it without authorization.
On February 11th, 2009, Wang Wang, a grain merchant, purchased two Sino-Canadian food stocks under the name of Zhengzhou Yongxiang Food Trade Co., Ltd. in the “Most Lowest Purchase Price Wheat Auction†held in Zhengzhou Grain Wholesale Market. The wheat in the bank of Yibo Company was 977 tons and 2,065 tons respectively.
In the process of the two wheat shipments, Zhang Bao and his wife's defendant Niu Feng jointly negotiated and fraudulently used Wang's food delivery notice to defraud regulators and took the opportunity to sell their safe wheat or sell it directly to the bank. 472 Tons, combined funds of 840,000 yuan.
In May 2009, after Wang discovered that he had not got enough food, he told the deputy director of the Huai County National Grain Reserve Bank, responsible for supervision and guidance, to reflect this matter. Under the three-party verification, Zhang Bao admitted the fact that he sold 472 tons of wheat and promised to return the money to Wang.
Because Zhang Bao has not yet paid back the debts, Wang Wang claimed that he should claim the rights to the grain bank of Anyang, which is under the jurisdiction of Anyang. In November 2010, the direct bank of Anyang in China’s grain reserves made up for the food owed to Wang.
However, Zhang Bao’s wrongdoing did not stop there.
The court found that in June 2009, Wang Wang, a grain trader, found that 465 tons of wheat he had harvested in Zhengzhou's grain wholesale market had not yet been released, and that the outbound warehouse company had no inventory. Wang Ermou reflected this situation to Jing, and stated that he would no longer pay this bill to the Zhengzhou grain market.
Jing Yu, who is in charge of supervision and guidance, was afraid of superiors' accountability. Together, they handed over 827,700 yuan to Zhengzhou's grain wholesale market, and bought 465 tons of wheat. After Zhang Bao said that the Billion Bo company's warehouse leased to Jing et al., with a rental fee discounted to the amount of money deposited by Jing et al.
After investigation, the shortage of grain was from February to June 2009. Zhang Bao together with Niu Feng passed the county's National Grain Reserve Bank's resident supervisors to the company’s meeting to secretly sell food for repayment. debt.
The court found that the defendants Zhang Bao and Niu Feng privately sold the Central Reserve Grain Reserve of the Central Grain Reserves Bank of Anyang, which was entrusted by the defendant, with RMB 1,638,245.
The inspection agency believes that the two defendants use the billion-dollar company to accept the machine of the Central Reserve Grains and Animals Direct Depot to entrust wheat to the custody of the wheat, and to sell its custody of wheat privately, which constitutes a crime of embezzlement.
The People's Court of the People's Court of Contract Fraud, the People's Court of Contract Fraud, held that the warehousing contract signed by Billion-Bo company and the direct bank of China National Grains and Grains Co., Ltd. only stipulated the custodian’s right to keep food and collect custodial fees, and did not authorize the custodian to exercise management. The right to operate food, therefore, does not belong to the "entrusted management, management of state-owned property" personnel, does not qualify for the subject of corruption.
However, Yibo Company was revoked its business license by the Trade and Industry Bureau on March 10, 2008, and has lost its qualifications for conducting business activities. The defendant Zhang Bao still concealed this fact and adopted fraudulent means in October 2008. On the 31st, it signed a storage contract with Anyang's direct depository. This contract was invalid from the beginning.
During the performance, the defendant also used the fraudulent means of unsupervised or fraudulent use of other people's food delivery slips to sell the grain. Under the circumstances that its illegal and criminal activities have been exposed, the defendant has again adopted the surface forms of an arrears agreement and a repayment agreement to cover up the real purpose of its illegal possession.
After the incident, the procuratorate found a deposit certificate of several hundred thousand yuan from the defendant’s home. The court held that this fact proved that the defendant had the ability to repay but refused to repay it, further confirming that the defendant had the purpose of illegal possession.
The court held that the defendant was fully aware of the nature of the central grain reserve. The central reserve grain is different from the general target substance. It is used by the central government to regulate the total supply and demand of grain in the country, stabilize the grain market, and deal with major natural disasters or other emergencies. Situation. According to Article 52 of the “Regulations on the Administration of Central Grain Reserves†of the State Council, it is clearly stipulated that any unit or individual of the Central Grain Reserves shall not be allowed to use it without authorization and if it constitutes a crime, criminal responsibility shall be investigated. The contract of custody signed by the two parties also clearly stipulates that food should not be used without authorization, but the defendant has openly violated it, and its subjective intention is obvious.
In summary, the court held that the defendant took fraudulent actions both during the signing of the contract and during the performance of the contract, and the purpose of illegal possession was obvious. The amount of illegal possession was particularly huge, causing serious economic losses to the country and constituting a contract fraud. crime.
The court finally sentenced Zhang Bao to 12 years’ imprisonment with a fine of RMB 200,000; sentenced Niu Feng to 10 years' imprisonment and fined RMB 150,000 yuan; ordered the defendant Zhang Bao and Niu Fenghui to lose money to the central reserve’s grain Anyang. Loss of 405469.4 yuan.
■Intentional clicks Although the two defendants have been sanctioned by the law, they have to ask: How did the billion Billion Company, as a company whose business license was revoked, obtained the qualifications for the central reserve grain escrow? After the Zhang Bao’s couple stole the Central Reserve Grain, why did the relevant regulatory authorities fail to find the problem in a timely manner? The central grain reserves are concerned with the national economy and the people's livelihood. The management work must not be sloppy. I hope that this case will awaken the vigilance of relevant departments and responsible persons.
The "Legal Daily" reporter recently learned from related parties that Zhang Bao, the legal representative of Henan Huai County Billy Bo Grain and Oil Deep Processing Co., Ltd., used the company to accept the Central Reserve Grains Anyang Direct Depot to entrust wheat (2589, -13.00, -0.50) On the occasion of %), together with his wife, Niu Feng, sold 937 tons of self-owned wheat and received RMB 1.6 million yuan, which he took for himself. The Huai County People's Procuratorate brought a public prosecution to the court for the couple's suspected crime of corruption. Recently, the Huai County People's Court found that the behavior of the two individuals was a contract fraud and sentenced them to 12 years and 10 years of imprisonment and a fine.
The entrusted management of the investigation of unlicensed private companies in the self-pirating court found that the defendant, Zhang Bao, was the legal representative of Billion Bo. Since the company did not participate in the annual review, it was revoked by the County Industrial and Commercial Bureau on March 10, 2008.
On October 31, 2008, Zhang Bao signed the "2008 Minimum Purchase Price Grain Storage Security Contract" with the Central Reserve Grain Anyang Direct Bank in the name of Yibo Company, and held the lowest purchase price for 2008 for the Central Reserve Grain Anyang Direct Bank. 10,848 tons of wheat. This grain ownership belongs to the State Council, which is the Central Reserve Grain. The central government is used to adjust the total supply and demand of grain in the country, stabilize the grain market, and deal with major natural disasters or other emergencies. No unit or individual may use it without authorization.
On February 11th, 2009, Wang Wang, a grain merchant, purchased two Sino-Canadian food stocks under the name of Zhengzhou Yongxiang Food Trade Co., Ltd. in the “Most Lowest Purchase Price Wheat Auction†held in Zhengzhou Grain Wholesale Market. The wheat in the bank of Yibo Company was 977 tons and 2,065 tons respectively.
In the process of the two wheat shipments, Zhang Bao and his wife's defendant Niu Feng jointly negotiated and fraudulently used Wang's food delivery notice to defraud regulators and took the opportunity to sell their safe wheat or sell it directly to the bank. 472 Tons, combined funds of 840,000 yuan.
In May 2009, after Wang discovered that he had not got enough food, he told the deputy director of the Huai County National Grain Reserve Bank, responsible for supervision and guidance, to reflect this matter. Under the three-party verification, Zhang Bao admitted the fact that he sold 472 tons of wheat and promised to return the money to Wang.
Because Zhang Bao has not yet paid back the debts, Wang Wang claimed that he should claim the rights to the grain bank of Anyang, which is under the jurisdiction of Anyang. In November 2010, the direct bank of Anyang in China’s grain reserves made up for the food owed to Wang.
However, Zhang Bao’s wrongdoing did not stop there.
The court found that in June 2009, Wang Wang, a grain trader, found that 465 tons of wheat he had harvested in Zhengzhou's grain wholesale market had not yet been released, and that the outbound warehouse company had no inventory. Wang Ermou reflected this situation to Jing, and stated that he would no longer pay this bill to the Zhengzhou grain market.
Jing Yu, who is in charge of supervision and guidance, was afraid of superiors' accountability. Together, they handed over 827,700 yuan to Zhengzhou's grain wholesale market, and bought 465 tons of wheat. After Zhang Bao said that the Billion Bo company's warehouse leased to Jing et al., with a rental fee discounted to the amount of money deposited by Jing et al.
After investigation, the shortage of grain was from February to June 2009. Zhang Bao together with Niu Feng passed the county's National Grain Reserve Bank's resident supervisors to the company’s meeting to secretly sell food for repayment. debt.
The court found that the defendants Zhang Bao and Niu Feng privately sold the Central Reserve Grain Reserve of the Central Grain Reserves Bank of Anyang, which was entrusted by the defendant, with RMB 1,638,245.
The inspection agency believes that the two defendants use the billion-dollar company to accept the machine of the Central Reserve Grains and Animals Direct Depot to entrust wheat to the custody of the wheat, and to sell its custody of wheat privately, which constitutes a crime of embezzlement.
The People's Court of the People's Court of Contract Fraud, the People's Court of Contract Fraud, held that the warehousing contract signed by Billion-Bo company and the direct bank of China National Grains and Grains Co., Ltd. only stipulated the custodian’s right to keep food and collect custodial fees, and did not authorize the custodian to exercise management. The right to operate food, therefore, does not belong to the "entrusted management, management of state-owned property" personnel, does not qualify for the subject of corruption.
However, Yibo Company was revoked its business license by the Trade and Industry Bureau on March 10, 2008, and has lost its qualifications for conducting business activities. The defendant Zhang Bao still concealed this fact and adopted fraudulent means in October 2008. On the 31st, it signed a storage contract with Anyang's direct depository. This contract was invalid from the beginning.
During the performance, the defendant also used the fraudulent means of unsupervised or fraudulent use of other people's food delivery slips to sell the grain. Under the circumstances that its illegal and criminal activities have been exposed, the defendant has again adopted the surface forms of an arrears agreement and a repayment agreement to cover up the real purpose of its illegal possession.
After the incident, the procuratorate found a deposit certificate of several hundred thousand yuan from the defendant’s home. The court held that this fact proved that the defendant had the ability to repay but refused to repay it, further confirming that the defendant had the purpose of illegal possession.
The court held that the defendant was fully aware of the nature of the central grain reserve. The central reserve grain is different from the general target substance. It is used by the central government to regulate the total supply and demand of grain in the country, stabilize the grain market, and deal with major natural disasters or other emergencies. Situation. According to Article 52 of the “Regulations on the Administration of Central Grain Reserves†of the State Council, it is clearly stipulated that any unit or individual of the Central Grain Reserves shall not be allowed to use it without authorization and if it constitutes a crime, criminal responsibility shall be investigated. The contract of custody signed by the two parties also clearly stipulates that food should not be used without authorization, but the defendant has openly violated it, and its subjective intention is obvious.
In summary, the court held that the defendant took fraudulent actions both during the signing of the contract and during the performance of the contract, and the purpose of illegal possession was obvious. The amount of illegal possession was particularly huge, causing serious economic losses to the country and constituting a contract fraud. crime.
The court finally sentenced Zhang Bao to 12 years’ imprisonment with a fine of RMB 200,000; sentenced Niu Feng to 10 years' imprisonment and fined RMB 150,000 yuan; ordered the defendant Zhang Bao and Niu Fenghui to lose money to the central reserve’s grain Anyang. Loss of 405469.4 yuan.
■Intentional clicks Although the two defendants have been sanctioned by the law, they have to ask: How did the billion Billion Company, as a company whose business license was revoked, obtained the qualifications for the central reserve grain escrow? After the Zhang Bao’s couple stole the Central Reserve Grain, why did the relevant regulatory authorities fail to find the problem in a timely manner? The central grain reserves are concerned with the national economy and the people's livelihood. The management work must not be sloppy. I hope that this case will awaken the vigilance of relevant departments and responsible persons.
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