This article introduces such a case, in which the defendant was sentenced to three years in prison in the first instance, the original verdict was upheld in the second instance, and the Guangxi High People's Court in the third instance was acquitted, and was selected as a "Typical Case of Retrial Involving the Property Rights of Private Enterprises and the Protection of the Legitimate Rights and Interests of Entrepreneurs" of the Supreme People's Court.
Whether the issuance of bank acceptance bills with a fictitious trade background constitutes a crime
1. Basic facts of the case
Defendant Jiang Qizhi is the legal representative of Weiyuan Company. In May and June 2011, Jiang Qizhi, in the name of Weiyuan Company, applied for a bank acceptance bill of 32 million yuan from Bank of Guilin Co., Ltd. on two occasions using a supply and marketing agreement, a sales contract and a false VAT invoice without actual transactions, and provided the land use rights of Rong'an Removal Company and Imperial Park Hotel in excess of the value of the acceptance bill as collateral, and paid the agreed deposit of 16 million yuan in full. Jiang Qizhi discounted the bill of exchange and used it for the company's operation. On the maturity date of the bill, Weiyuan Company will pay and write off all the above-mentioned bank acceptance bills.
2. Judgment results
The court of first instance sentenced the defendant Jiang Qizhi to three years' imprisonment, suspended for three years, and a fine for the crime of fraudulently obtaining acceptance of bills. Jiang Qizhi appealed, and the court of second instance ruled to reject the appeal and uphold the original judgment. Based on the parties' appeals, the Guangxi Zhuang Autonomous Region High People's Court decided to retry and bring them to trial.
Whether the issuance of bank acceptance bills with a fictitious trade background constitutes a crime
The Guangxi Zhuang Autonomous Region High People's Court held in the retrial that although Jiang Qizhi provided false application materials in the process of applying for bank acceptance bills, he also provided an over-collateral guarantee and paid the agreed deposit, and paid the write-off on time, without causing actual losses to the bank, nor using the above-mentioned funds to carry out illegal activities, and did not cause major harm to the financial management order, so there was no need for criminal punishment. On May 18, 2023, the Guangxi Zhuang Autonomous Region High People's Court issued a retrial verdict and acquitted Jiang Qizhi.
3. Typical significance
The socialist market economy is an economy governed by the rule of law. Market entities, whether in production and operation or raising funds, shall be lawful, compliant, honest and trustworthy. In practice, due to various reasons, "financing difficulties" have become a major stubborn disease that has long plagued the operation and development of private enterprises, and the phenomenon of private enterprises using non-standard means in the financing process has occurred from time to time.
The defendant in this case did have the dishonest conduct of providing false supporting materials in the process of financing, and should be negatively evaluated, but the fact that he provided sufficient mortgage guarantee has not yet reached the level of endangering the security of the financial institution's funds, causing actual losses to the bank, and constituting a crime, so the judgment was changed to not guilty in accordance with law.
Whether the issuance of bank acceptance bills with a fictitious trade background constitutes a crime
In hearing cases involving enterprises, the people's courts shall handle cases in strict accordance with the law, resolutely implement the "Opinions of the Central Committee of the Communist Party of China and the State Council on Improving the Property Rights Protection System and Protecting Property Rights in Accordance with Law", fully understand the practical difficulties of private enterprises in raising operating funds, objectively view and properly handle the irregular acts in accordance with the law from the perspective of development, give full play to the functional role of judicial services in ensuring economic and social development, and help alleviate the financing difficulties faced by private enterprises.
Source: Information Bureau of the Supreme People's Court
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