標題: Currently [打印本頁] 作者: lei8fqu432 時間: 2015-2-8 03:45 標題: Currently Petroleum Marketing Company Shijiazhuang seventh gas station (the seventh gas station) over the original owners, Kay, starting in 2006, to "pour oil" in the name of some investors to deposit-taking Xinji City, Hebei Province, the cumulative amount is 12.68 billion yuan, and promised up to 45% interest. Eventually leading up to 1.28 billion yuan in losses to more than depositors. Kay found guilty over the new crime of illegal deposits from the public, has been sentenced to eight years.
Xinji City, Li red three borrowers believe seventh gas station in the oil and higher unit sales, Shijiazhuang,giubbotti woolrich uomo prezzi, Hebei Branch (referred Shijiazhuang Branch) is responsible to deal with this matter and, therefore, both the Shijiazhuang Intermediate People's Court sued for compensation 1.1 million yuan loss. Yesterday, the Beijing Times reporter learned exclusively,nike requins, Shijiazhuang Intermediate People's Court of first instance verdict,ciondolo tiffany, finds seventh gas station and Shijiazhuang Branch Li Hung and other compensation totaling 3 1.1 billion yuan.
Currently, due to the first instance verdict, the seventh gas station and Shijiazhuang Branch has appealed to the Hebei Provincial Higher People's Court.
Xi Chu
Gas station owners illegal deposit-taking jailed for eight years
July 3,moncler everest,http://www.xiyatour.com/home.php?mod=spacecp&ac=blog&blogid=, 2014, outside the city of Xinji side of State Road 307, the seventh gas station open for business. When the station's original owners filed over the new Kay, employees closely guarded secret.
After Xinji court finds that from 2006 to 2012, over the new gas station owners Kay served as the seventh period,http://www.8liuxing.com/home.php?mod=spacecp&ac=blog&blogid=, to "pour oil" as bait to earn high spread through word of mouth, etc., some of the Xinji investor deposits, and opened up to 45% interest. At the time of being arrested, a total of 88 people absorb 32 deposits 12.68 billion yuan. Xinji City to Li Hung, Wang Feng (a pseudonym), Baoding Quyang County, south to Beijing, who caused the loss of 1.28 million yuan.
Xinji court held that Kay's full of new behavior had constituted the crime of illegal deposits from the public, a huge amount. June 20, 2013, over the new Kay was sentenced to eight years and fined 300,000 yuan. Confiscated all property illegally acquired. Kay did not appeal over new,http://bbs.hdletgo.com/forum.php?mod=viewthread&tid=6431817, now a prison sentence.
Claimant
V,http://bbs.mbcom.cn/forum.php?mod=viewthread&tid=521470,giubbotti moncler. 1.1 depositor claims more than 100 million yuan of oil
Li Hung is Xinji a clothing company in charge. July 2,moncler spaccio aziendale, Li Hung garment factory normal business, in the office looking at a picture of Li Hung "IOU" and the Shijiazhuang Intermediate People's Court in civil judgments. It is full of new Kay these IOUs written, stamped with the official seal of the seventh gas station. Kay opened a new full high interest, Li Hung accumulated more than 46 million loan to fill the new Kay, "was to see if he was the manager of the gas station, the borrower also talk stations in his office talking to him very trusted." And Wang Feng, Beijing South were full of new Kay lend more than 31 million, more than 3400 million. Illegal deposit-taking over the new Kay's brought to light, such as Li Hung 3 people up 1.1 billion yuan loan can not be recovered.
After full new Kay was arrested in June 2012, Li Hung other 3 stations and seventh, respectively, sued the Shijiazhuang Intermediate People's Court of Shijiazhuang Branch that seventh gas station at fault, and the fault with the loss of three of them the existence of a causal relationship, the seventh gas station to deal with these losses liability. Seventh stations are affiliated branch offices in Shijiazhuang, deal with the debt seventh gas station bear joint liability. Thus requiring a seventh gas station and Shijiazhuang Branch repay the loan and the corresponding interest, including the loan principal amount of up to 1.1 billion yuan.
Responsibility
Major aspects of the oil deposit management loopholes
Full of new stations as the seventh Kay original owners,modelli woolrich, the identity of the person responsible for the illegal deposit-taking society, and stamped with the official seal of the seventh gas station on the IOU. As a parent unit of Shijiazhuang Branch and the inauguration of the new Kay's seventh full-service stations should not be responsible for what? This issue has become a focus of the case. In this regard, the Shijiazhuang Intermediate People's Court verdict clearly identified, the new Kay's conduct constitutes full list see representatives, so Shijiazhuang Branch and seventh stations should be responsible for this fear.
In addition, the Court pointed out some mistakes and problems in the oil field in the judgment. Shijiazhuang Intermediate People's Court verdict that the seventh gas station and not in accordance with the relevant provisions of Shijiazhuang Branch management and disposal of seals, leading to full use of the seal to the new Kelly seventh gas station in the name of foreign borrowing, this seventh gas station and Shijiazhuang Branch obvious fault.
Meanwhile, the seventh gas station and Shijiazhuang Branch regulations are not perfect, and the current system has not been strictly enforced, to conduct full management of the new Kay unauthorized use of seal behavior and there is no effective oversight. Therefore, the seventh gas station and Shijiazhuang Branch has obvious fault, the fault of the economic losses, such as Li Hung 3 people has a direct causal relationship,giacchetto woolrich, should bear the liability for the loss of three people.
May 19 this year, on the 20th, the Shijiazhuang Intermediate People's Court has made these three cases of first instance verdict, the claims of Li Hung, Wang Feng, south to Beijing and three others made the loan principal amount of compensation,http://www.1088game.cn/forum.php?mod=viewthread&tid=315806, the court shall be supported, but to claim compensation interest claims, the court will not support. According to these three judgments should be the seventh gas station and Shijiazhuang Branch Li 3 red 1.1 million yuan compensation.
Glossary
See the table on behalf of
According to Article 50 of the Contract Law, see the table refers to the legal representative on behalf of the legal person or persons responsible for or on behalf of other organizations beyond the competence of a civil legal act in good faith is based on the fact that there are some objective reasons to believe that it does not go beyond the legitimate representative of privilege ,outlet moncler online, which acts on behalf of an effective system.
See table constitute representative should have the following elements: a legal representative or person in charge of legal persons or other organizations in the name of legal persons or other organizations of civil act; (2) the legal representative or person in charge of the implementation of civil legal acts beyond the Its representative authority; 3 goodwill relative who has reasonable grounds to believe that the legal representative or person in charge did not go beyond the representative authority,moncler johanna.
See the table on behalf of the constitution, even if the legal person or authority other organizations will not be ratified, on behalf of the behavior of its legal representative or person responsible for the implementation is still valid, legal persons or other organizations may not be its legal representative or responsible person on the grounds of ultra vires claims defense.
Appeal
PetroChina to appeal against sentence
After the Shijiazhuang Intermediate People's Court of first instance verdict, Shijiazhuang Branch seventh gas station and refused to accept the verdict, on May 26 and the Hebei Provincial Higher People's Court of Appeal. Petroleum believes the first instance court found facts clearly at fault. Full Kay conduct did not constitute a new table to see representatives. The seventh head of the gas station is not full of new Kay, Kay seal used over new seal is expired. Li Hung et al borrowers all over the new Kay into personal accounts, his behavior purely personal behavior.
For seal management, oil side said, issued a notice to clean up the gas station had the official seal, asking around the city-owned subsidiaries will receive the official seal on the gas station branch unified management, obsolete seal must be promptly destroyed. October 2011 had also issued a ban, prohibited gas stations occurred lending, guarantees behavior. Kay intentionally concealed its full new stations void seal without authorization to retain and implement illegal deposit-taking behavior,http://bbs.ndjyw.cn/forum.php?mod=viewthread&tid=334286, is its intentional crime.
PetroChina aspects of the implementation of criminal acts of individual employees, there is no statutory regulatory obligations. Regulators can not do good every employee to ensure that it is not criminal.
PetroChina side also believes that Li Hung et al., In order to obtain illegal high interest activities involved in the illegal deposit-taking over the new Kay and ultimately resulted in the loss. Seventh gas station just a gas station, oil from the higher distribution, required daily by the higher cost allocation, and the oil is a large state-owned listed companies, it is impossible to personal loan shark, not pass the gas station financing, but does not allow corporate finance enter the employee's personal account. Private entrepreneurs this is business sense, Li Hong, who is a rich business experience, and did not do the most basic duty of care, finally resulting in huge losses. Li Hung, who face high interest rates lure, deviate from the normal track of the real economy,moncler giubbotti 2013, to participate in an illegal deposit-taking generate losses, responsibility should be borne by.
Borrower claim compensation for loss of interest
At the same time appeal in the oil, the first instance in favor of the plaintiff also appealed to Beijing South. South Beijing believes that the oil not only to compensate its principal aspects, but also compensation for their interest. First instance verdict did not support the claims of its interest demanded,woolrich nuova collezione, pleaded south to Beijing this, so appealed. South Beijing said illegal deposit-taking behavior over the new Kay brought him a great loss, and now have to deal with on-site debt collection busy day, "I lent over the new Kay borrowed a lot of money, this thing to My business is ruined, I have to advocate the interest. "
July 2,http://bbs.51dtstudy.com/forum.php?mod=viewthread&tid=1103823, Li Hong, Wang Feng also said they did not appeal the verdict has been recognized, "As long as the recovery of principal, interest can not, but we still suffered a great loss." Li Hung said that more than 46 million have not recovered to their own clothing business operations have been affected, "No. hundred factory workers, monthly salary is a lot of money, do not chase it back over 4600 million and the closure of the factory is not impossible . " However, due to an appeal in the oil field, Li Hong, Wang Feng, who claims the lawsuit is not over, Li Hong, Wang Feng said, has begun to prepare the second trial.
Currently,http://www.aurosiksha.org/login/index.php?item/create_form/1, the Hebei Provincial High Court hearing the case is under further.
Jinghua Times reporter Zhang Jian
(Original title: Employee illegal deposit-taking in the oil Pi Panpei 110 million)