In the detention center for nearly 5 years, Sun Changsong, Liaoning businessman were acquitted.
On July 1, the Liaoning High Court of Final Appeal ruled Sun Changsong was innocent. Shenyang the Centre twice in the first instance was that Sun Changsong forged invoices, contracts, obtaining bank loans, committed the crime of contract fraud, sentenced to 10 years.
Liaoning High Court considers responsible for loans at various aspects of Bank staff member knowingly provided false loans borrowers material remains for the benefit unit, in the name of the unit to lend to borrowers, loan contract between the Bank and Sun Changsong is the true intention of the parties.
In addition, the surging News was informed by the people, in the prosecution of the case before the prosecution, Defender Yuan was commissioned by the Sun Changsong for his acting in the course of the case, is suspected of harbouring sin by Shenyang police, were detained for 30 days, in November 2011, after being released on bail pending trial, he failed to defend Sun Changsong for instance. In November 2012, Yu yuanhua was released after bail, and continued as Sun Changsong defenders.
Sun Changsong is gliding in Shenyang amusement park limited (hereinafter “glide amusement park”), General Manager in November 2011, he was arrested for alleged contract fraud. In October 2013, the Shenyang Court considers Sun Changsong committed contract fraud and sentenced him to 10 years imprisonment, and fined 1 million Yuan.
Sun Changsong, and appeal. In December 2014, the Liaoning High Court rescind the original judgement and remand; second first instance of the Shenyang Intermediate Court upheld Sun Changsong, and again appealed to the High Court in Liaoning province.
Liaoning made the final judgement of the High Court showed that in May 1998 and January 1999, Sun Changsong glider Shenyang tiexi sub-branch of China Construction Bank in the name of the amusement park company applying for two loans, first 6 million Yuan for the temporary working capital, the second 4 million Yuan to buy into the roller coaster. Two loans, one glider amusement devices amusement park management and had not yet been delivered, the roller coaster as collateral, and Liaoyang Wo ye conducted by Sun Changsong Group (December 1998 changed its name to “Liaoyang city, fertile land limited”) will act as guarantors.
In June 2000, Sun Changsong glider amusement park company on behalf of the tiexi sub-branch of construction Bank loan of 10 million Yuan, provided roller-coaster as collateral, and forged a copy of the purchase and sale of industrial and mineral product contracts raise the value of roller coasters, Wo ye company sponsor. These 10 million be gliding before the amusement park company to pay off the loan.
The trial court held that Sun Changsong, through falsified invoices, contracts or any other means raising the collateral value of roller coasters, Wo ye company provide no guarantee as surety, aimed at obtaining a huge amount of bank loans, constitute the crime of contract fraud.
Sun Changsong and his defenders argued that gliding amusement park company the subjective purpose of loans without illegal possession and CCB tiexi sub-branch of gliding amusement park company and guarantors Wo ye company actual situation known, did not fall into error, so the Sun Changsong does not constitute a crime.
Liaoning High Court through the trial, believes that existing evidence confirms that part of the money for the gliding amusement park construction project, but you can’t prove that loans were used for gliding purposes other than the construction of amusement parks, and CCB subsequently tiexi branch through civilian channels in court proceedings, gliding amusement park is also given support. Available evidence does not fully confirm gliding amusement park on the loans with the purpose of illegal possession.
In addition, the Liaoning High Court also determined that tiexi CCB staff member knowingly gliding amusement park company information does not meet the conditions for loans, and to lend the assigned by superiors after. Gliding amusement park company, the loan is not obtained by deception; the links Bank staff responsible for loans knowing that the borrower provides a false loan materials, and remains in the interest of loans to borrowers in the name of the entity.
To sum up, think Liaoning High Court, glide amusement park company contracts with CCB branch in tiexi is the real expression of both sides. Sun Changsong available evidence cannot be confirmed as gliding amusement park company executives directly responsible for contract fraud and found Sun Changsong not guilty.
At this point, the contract fraud-related crime through 4 trials finally came to an end.
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