so to the Henan Province Higher People's Court in acquittal. This common, but cases in the past four years, the Court of First Instance after five judgments, Xinxiang Municipal Intermediate People's Court to be remanded four times, and finally through the Henan Provincial High Court for retrial, the trial was finally closed a total of six .
Shan-liter accept the
land transfer gold disaster
Shan-L is a typical little people, but because somehow the
2005 May, by the Bureau of Henan Province, Xinxiang City Commercial delegate, Wang Jinhui Shan L Meat Co., Ltd Xinxiang City, as chairman.
Jinhui company at this time is not only an empty shell,
http://www.hmzzf.gov.cn/Review.asp?NewsID=554, still owes 320 million debt. To make matters worse, the king of good l the first two months after he took office, the company's former chairman Zhang camp due to its Company accounts frozen by the court later, the vehicle also be seized.
company operating in a difficult situation. At this point, the king of good l and three other directors of the company and its clients Zhang Yue, Wang Guangfu, Guo Yuejun conferred and decided to Goodwill all the company's south central stations of the land use right transfer, in order to save businesses.
end, Jinhui's gas station at 280 million will be transferred to the land use right Xinxiang Sinopec oil company, paid 1.7 million yuan in advance, both sides agreed, the remaining $ 1.1 million to be Xinxiang oil approval of higher authorities after the company reported paid in full.
according to Goodwill's decision to transfer gas station a few common land use rights director's testimony, given the company's former chairman was indicted, the situation is complex, transfer stations and land-use rights has not been determined all the shareholders meeting to discuss their intention in this matter is fully operational again after the other shareholders of public good.
in Jinhui company accounts have been frozen, the creditor repeatedly bombarded the case of arrears, Xinxiang oil 1.7 million was not enough to pay debts. Shan-liter and Wang Guangfu, Guoyue Jun, Zhang Yue, after collective discussion, decided to try to make this 1.7 million yuan, rose by the Shan-keeping, we mutually agreed necessary expenses for the company.
Shan-liter will be 1.7 million yuan after removing them, and payment of a land transfer 570,000 yuan, 380,000 yuan for projects, tax more than 140,000 yuan, and other miscellaneous expenses, the remaining more than 576,000 yuan are still kept in Shan-rise office.
subsequent investigation confirmed that more than 570,000 yuan in cash neither the bank nor used for other purposes, but packed in a cardboard box,
http://www.fearlesscomrades.com/pg/d...ge.php?pos=-95, placed in Shan-liter house under the bed.
to August 2005, Goodwill has three months without wages. Wang and Zhang Shan rose again three people to discuss music, etc., saved from its own land transfer payments, the three times has come up with 145,000 yuan to Wang Jinhui company lent the name of the individual wages for workers, and clearly tell the cashier, not counting interest.
2006 March, Shan-liter outgoing chairman, Zhang business to continue as chairman. Two months later, the company on behalf of workers Chenhuan Hui Shan Wang received a 1,000 yuan rise in interest,
Coach handbags, Wang said after that,
http://www.ghenea.net/plus/view.php?aid=140321, this part of the money can not receive, should be returned to the company.
Wang Shansheng and several other shareholders in clear violation of the practice of the financial system, eventually to be found --- August 23, 2006, Walker County Public Security Bureau on suspicion of detention, kept in their own homes, Shan-l told his wife Wang Huifang: million after deducting the remainder of the 345,397.5 yuan to the Walker County Prosecutor's Office. In the following
three sentencing hearing three kinds
Shan-liter was indicted, ushered in a constantly appeal, continue to remand the cyclical ups and downs and the dramatic results of the sentencing trial.
2007 年 1 24, Walker County Court of First Instance sentenced the crime of misappropriation of funds, Wang Shan-liter five-month detention. Shan-liter appealed against the verdict.
3 months later, Xinxiang Municipal Intermediate People's Court,
2007 年 10 月 10, Walker County, misappropriation of funds, the court again sentenced Shan-liter five-month detention.
Shan-liter maintained his innocence, the second appeal. December 13 that year, Xinxiang Court again ruled in cassation, remand. Reason is still
that Shan-liter unexpected is the fact that in all the circumstances have not changed,
Cheap handbags, Walker County Court, but in the third retrial, the misappropriation of funds and sentenced to imprisonment for 5 years.
Shan-liter third appeal, Xinxiang Intermediate People's Court criminal verdict is still cassation, remand.
2008 年 7 25, Walker County, the fourth 法院对该案 first trial back to the origin of misappropriation of funds --- sentenced Shan-liter five-month detention.
face of Shan-liter fourth appeal, Xinxiang Intermediate firmly
2009 年 4 13, Walker County 法院对该案 to fifth verdict, sentenced to misappropriation of funds, the king of good l detention for nine months while the king recovered the possession of 86,000 yuan rise of good money.
Shan-liter fifth appeal. But this time, Xinxiang Intermediate People's Court and Court of First Instance is in a stalemate for a few years later, to a 180-degree turn, found the king of good l possession and use his position to dispose of the 145,000 yuan money, their behavior had constituted the crime of misappropriation of funds. Accordingly, Xinxiang in the hospital on June 11, 2009 ruling, rejected the appeal and upheld the conviction.
A source told the penalty, which obviously is a higher court compromise.
Shan-rise strongly against the final decision, also the appeal court in Xinxiang, was dismissed. Subsequently, Wang Shan, Henan Province Higher People's Court rose to the complaint, insisted he had never had a penny to seek personal gain, the request was acquitted.
2010 May, Henan Provincial High Court decided the case arraignment. In the meantime, Henan Prosecutor's Office in October 2010 filed a protest to the Henan Provincial High Court, the Court sentenced Wang Xinxiang found good liter misappropriation of funds does not hold.
Henan Provincial High Court for retrial that the Shan-liter transfer custody of 1.7 million yuan of land and is responsible for payment of expenditures necessary to operate the company, this decision is in the company's accounts were frozen, the company operating under the premise is extremely difficult by the Deputy General Manager and Director to discuss the main, and which 1,268,602.5 yuan has been used for necessary expenses of the company.
Moreover, the transfer of land gold in 14.5 million to Shan-liter individual loan companies use, but also with the company responsible was decided that, even though interest, but Wang did not use good personal penny rise and did not cause any loss of interest and withdraw.
retrial also identified, in addition to the company the necessary expenditures of Jinhui 126,802.5 yuan, the king of good l is not kept at home over unauthorized use of 431,397.5 yuan in the penny. Thus, despite the good king will rise to individual units in the custody of their funds to lend the unit to use the fact that beyond doubt,
Louis vuitton purses, but it does not constitute a misappropriation of funds.
2010 年 11 22, Henan Provincial High Court decision to withdraw a second instance court's decision, declaring the king of good l innocence.
remand hidden behind
belated acquittal when finally become a reality, this fight more than four years of Shan-up, accept the reporters, but said
a simple little fact the case, why the experience of four remand? Why not commute court of second instance? What factors have led to court cases in the first instance and second instance, Facts not in dispute in the case, why such a large difference in sentencing?
a series of questions, did not rise with the king, was acquitted and the good end.
Xinxiang in the hospital who asked not to disclose the name of the person in charge to accept the authority relations, the judge faced with a lot of pressure. In addition In addition, in some cases, the families of the accused to court trouble, containment door, even the case is the first instance court, not to the hospital, the hospital began to come to make trouble. This is the original problem has never been seen before, is now very common. The resulting consequence is no judicial authority, the law alone can not solve the problem, some cases for several years still have trouble ruling, the court can not help.
It is in this case, especially in complex cases some of the background, knowing the lower court decision was wrong, but because they can not transcend the hope that a higher court commuted; while a higher court and do not want to take over the potato So, now popular in the court system a Thus, there is again remand this
relations make it too stiff. retrial and remanded back to the last what different reasons. In this
then, Shan-liter, but this is a violation of the financial system problems, how in the end turned into criminal cases, and the higher court of first instance not to support the lower court's ruling did not dare to directly commute and, eventually, in fact without any change in circumstances, a compromise to lower courts to support a guilty verdict it? Xinxiang interviewed in hospital official did not answer reporters' questions.
Xinxiang in the hospital because of repeated when the remand and to bear some blame, the Henan Provincial High Court are in the same way, the Court of First Instance ruling in Xinxiang many remand. The official confirmed that, in their hands, and now there are several High Court remanded the case.
Henan Provincial High Court is clearly aware of this problem. September 16, the Henan Provincial High Court made Wang, vice president of wishful that in judicial practice, should minimize the remand, but the courts do exist now remand the case repeatedly, persistent issues.