Gu's 3,400-day struggle: He sued the China Securities Regulatory Commission, insisting he was innocent

On January 7, 2022, Gu Yanjun, the former actual controller of Kelong Group, finally waited for the state administrative compensation. Received more than 287,000 yuan in compensation for personal freedom, 143,000 yuan in consolation for mental damage, and 80,000 yuan in fines and interest. From his arrest in September 2005 to his release from prison in September 2012, more than 3,400 days after his release, Gu Yanjun did only one thing, that is, constantly appealing and appealing. Although he received state compensation, the change of the previous ten-year sentence to five years was only a change in the crime and sentence, and in terms of "guilt", Gu Yanjun did not get the result he wanted.

Insisting on his innocence

In 2008, Gu was sentenced to 10 years in prison for false registration and misappropriation of funds.

On September 6, 2012, Gu Ended His Seven-Year Prison Sentence and Was Released from Prison. On the afternoon of September 14, Gu Yanjun held his first media conference after his release from prison in Beijing, at which Gu Yanjun wore a high-top white hat and wrote "Grass people are completely innocent" in six large black characters, which caused a commotion among the more than 100 media reporters present.

After that, Gu Yanjun embarked on a long road of confession.

On December 28, 2017, the Supreme People's Court announced that the People's Court would retry three major property rights-related cases in accordance with the law, and that Gu Yanjun's case would be arraigned by the First Circuit Court of the Supreme People's Court.

On the same day, Gu Yanjun responded to the above decision of the Supreme Court to the first financial reporter. He said: "I was completely innocent of this case, justice came a little later, but finally it came." ”

According to NetEase Finance, after receiving that the SPC will retry the case, he said very firmly that in theory, as long as the case is retried, it will definitely be turned over. He stressed that the three charges against him would be completely overturned and that "there can be no trace of residue".

On June 13, 2018, in Shenzhen, the First Circuit Court of the Supreme People's Court retried Gu Yanjun and others for falsely declaring registered capital, disclosing important information in violation of regulations, not disclosing important information, and misappropriating funds.

According to media reports, Gu Yanjun spoke for 70 minutes in the self-defense session, refuting the three crimes identified in the original judgment one by one, insisting that he was innocent and repeatedly mentioning that he had been framed by "corrupt officials and corrupt officials".

According to the retrial judgment, Gu Yanjun was changed from the original three crimes of false declaration of registered capital, the crime of illegal disclosure and non-disclosure of important information, and the crime of misappropriation of funds to one crime of misappropriation of funds; the sentence was changed from 10 years imprisonment and a fine of 6.8 million yuan to 5 years' imprisonment.

The Comment on this judgment by the WeChat account of the "Central Political and Legal Affairs Commission An Jian" is: First, the judgment ten years ago was wrong. Second, Gu Yanjun is indeed guilty. The article commented that "fairness and justice is not a formality, which means that it is not in vain and also means that it is not indulgent." Among the criminal facts of Gu Yanjun's misappropriation of funds, there was a sum of 63 million yuan that was unclear in the facts of the original trial and the evidence was insufficient, and should not be handled according to the crime, but the original trial found that Gu Yanjun and others embezzled 250 million yuan of Kelong electrical appliances and 40 million yuan of Jiangxi Kelong for personal use, and the facts of the profit-making activities were clear, and the evidence was credible and sufficient. Gu Yanjun's behavior violated the criminal law and should be punished. ”

Regarding the SPC's judgment, Gu Yanjun said in an interview with Phoenix Finance, "Everyone pursues different pursuits. Now there is another crime, I will continue to complain, without complete rehabilitation, can not do anything, it is impossible to return to the mall or start a second business. ”

He said: "I firmly believe that this case will eventually be completely acquitted, because the verdict left me with a part of the 'redress', which is what I mentioned earlier, the verdict used 'suspected Green cole company' as evidence to convict criminals." There was no suspicion of guilt, and I think it gave me a chance to overturn the case. ”

Sued the China Securities Regulatory Commission

In October 2019, Gu Yanjun won the case against the CSRC, and the Beijing Municipal High People's Court requested the CSRC to disclose to Gu Yanjun the relevant investigation documents of the Kelong case that year.

Gu's lawsuit with the CSRC dates back to June 2015. Gu Yanjun, who was released from prison for 3 years at the time, submitted an application for administrative disclosure, applying for the disclosure of the relevant documents of the 2005 CSRC's investigation into Guangdong Kelong Electric Appliance Co., Ltd. (hereinafter referred to as the "Kelong case", which became the fuse of Gu Yanjun's later "Waterloo") procedure, including the voting content of the meeting, the minutes of the meeting, the reasons for filing the case investigation, and the conclusion of the case filing investigation.

In July 2015, the CSRC replied to Gu that the above documents fell into the category of non-disclosure.

So in December 2015, Gu Yanjun filed a lawsuit with the court, asking the CSRC to disclose the relevant documents of the "Kelong case". In 2016, the Beijing Municipal Intermediate People's Court rendered a first-instance judgment ordering the CSRC to re-respond to Gu's public application. Subsequently, the SFC appealed. On October 14, 2019, the North High Court rendered a final judgment to "uphold the original judgment of the first instance".

However, what Gu Yanjun never expected was that the CSRC's execution of the judgment more than half a month later stunned him.

On November 4, the China Securities Regulatory Commission (CSRC) issued him a "Notice of Government Information", which stated that he had proposed seven pieces of information, including "the reasons for the filing and investigation of the chairman's office meeting, the conclusion of the case filing investigation, the time of the meeting, the list of participants, the content of the meeting, the content of the meeting, and the minutes of the meeting", which he requested the CSRC to disclose the 2005 filing and investigation procedure for Guangdong Kelong Electric Appliance Co., Ltd. did not exist.

According to item 4 of article 36 of the Open Government Information Regulations, "where there is no information applied for disclosure after search, inform the applicant that the government information does not exist." In this way, the SFC's response seems to be no problem.

At this point, in this case that lasted more than 4 years, Gu Yanjun seemed to have won, but he did not get the information he wanted.

Apply for State compensation

After that, Gu Began to report to the central authorities continuously, believing that some judges of the Foshan Intermediate Court and the Guangdong Provincial High Court had violated discipline and the law. However, these reports have not yet reached a final result.

On January 12, 2021, Gu Yanjun posted on Weibo, saying that he had submitted an "application for state compensation" to the Guangdong Provincial High Court on January 11. He said that he could not judge whether his application for state compensation had been accepted by the Guangdong Provincial High Court, "I have been waiting for fifteen years, and of course I have the patience and determination to continue to wait!" A week later, he received a notice from the Guangdong Provincial High People's Court, which said it had decided to accept his application for state compensation.

According to the China Times, Gu Yanjun's compensation application is 19 pages long, and 16 compensation applications have been submitted, demanding compensation of 120 million yuan for personal freedom damage and mental damage, as well as more than 10 economic rights and interests in the four domestic listed companies he controlled before his criminal detention, including the equity of former Kelong Electric Appliances, former Yangzhou Yaxing, former Hefei Meiling, and former Xiangyang Automobile Bearing, and nearly 8,000 mu of land and above-ground buildings owned by a series of non-listed companies.

On January 7, 2022, the Higher People's Court of Guangdong Province made a decision on Gu Yanjun's application for state compensation, and decided to compensate Gu Yanjun for more than 287,000 yuan in compensation for personal freedom, 143,000 yuan in consolation for mental damage, and 80,000 yuan in fines and interest. This is far from Gu Yanjun's appeal.

The Higher People's Court of Guangdong Province held that, in accordance with the provisions of the State Compensation Law and relevant judicial interpretations, after the Supreme People's Court retried and changed part of the acquittal of Gu Yanjun, the adjudication organ should compensate Gu Yanjun for his personal freedom and mental damage caused by his detention during his over-sentence detention; after the fine for the revocation of the crime was revoked, the fine that had been executed should be returned in accordance with law and interest should be paid.

So far, since Gu Yanjun was released from prison in September 2012, more than 3,400 days of protest have had a nominal result. Will he return to Shanghai again or will he live forever? According to his personality, I am afraid that I want to fight again.

But the 62-year-old Gu Has always felt like a scientist, and he once said: If I die, the tombstone will be enough to engrave Gu's theory of thermal circulation.

Upstream news synthesis