On the first day of 2018, Gu Chujun, former founder of Greencool Department of the All-China Federation of Industry and Commerce, and Gu Chu-jun, former chairman of Kelon Electric expressed his feeling to NetEase that his case could be reversed by the end of 2017. 'I do not think it is me anymore The power of 'the day, from September 2012, just released from prison for his' full acquaintance grass-roots' hat appeared in his press conference, it has been 5 years and 3 months.
59-year-old Gu Chujun already gray hair .He was wearing a dark suit, take the white vertical striped shirt, no tie, wearing a blue corduroy pants, shiny shoes.Although dressed very upright, but the whole person appears to be Not very energetic.
On the morning of December 28, 2017, a friend suddenly called and told Gu Chu Jun that his case, that was a sensational "Kelong case," was about to enter the retrial state. At first he thought his friend was talking nonsense but the other party told him A few minutes after he read the news, the vice-president of the trial court called him and said that they had been informed by him that the Supreme People's Court had referred the case to the Supreme Court for retrial from Guangdong.
He was very pleased that he was certain that in theory the case would have to be reversed once it was re-tried, emphasizing that the three counts of prosecuting him will be completely overthrown and that there is "no chance of any residue".
After the Supreme Court retrial, Gu Chujun's plan is to get back his own 'legal property' and as compensation, he is' indifferent. 'In addition, he also believes in perennial reports that' this case is a very clear case involving property rights, Related to some things, such as injustice maker, or not to be held accountable?
In his view, the most important thing at the moment is that 'criminal cases are completely reversed' and the next step will be to resolve civil cases.
China's Criminal Procedure Law stipulates that people's courts in accordance with the trial supervision procedures for re-trial cases, should be made in the trial, retrial decision within three months from the date of conclusion, the need for an extension of the deadline shall not exceed six months. The case is due on December 28, 2017, which means that the case should be concluded before the end of June 2018.
Gu Chujun insisted he could not lose in the retrial.His microblogging, but also forwarded the Xinhua News Agency on the retrial of the Supreme Court, Gu Chujun and other three major cases of property rights Commentary: Justice with justice to build property protection dam.
Refrigerator industry chiefs prosperous
Even before jail, Gu Chu Jun is also a controversial figure.
As early as 1989, his theory of Gu's cycle caused a wide-ranging controversy. The authoritative media attention and his counter-insurgency came one after another, and his reputation and treatment at home and abroad also showed polarization. , He acquired Kelon Electrical, one of the four largest refrigerators at the time, to expand the industry from refrigerants to the upstream refrigerator manufacturing industry. This move also attracted media attention. Caijing etc. successively issued reports that questioned its product and financial status , While Greencool Technology Holdings (0856), the Hong Kong-based GEM that triggered him as chairman, plunged and the market value shrank by $ 1 billion.
Subsequently, he frequently interviewed by the media.
Here, on the one hand, he continued to buy, once occupy half of the domestic refrigerator industry, and even expand the industrial chain to the automotive industry, making Greencool owned Kelon, Meiling, Yaxing and Xiangyang four listed companies bearing; the other hand , Is the media is always questioning and questioned: he bought money in the end come from?
For this issue, Gu Chu Jun to Netease Finance calculations: the acquisition of Kelon 20.6% stake in electrical appliances, spent 348 million yuan; acquisition of 20.03% stake in Meiling Appliances, spent 207 million yuan; acquisition of Yaxin 115 million shares of social legal persons, The total amount of the shares transferred was RMB 418 million, the acquisition of 29.84% shares of Xiangyang Bearing Co., Ltd. in Hubei Province took 110 million yuan and the four acquisitions totaled nearly 1.1 billion yuan, and since 1998, he has invested a total of 170 million U.S. dollars from abroad (Who in a letter of complaint indicated that the $ 170 million investment was certified by the State Administration of Foreign Exchange), in addition to the company's operating profit, and he also reduced his stake in Hong Kong-listed companies.
'I do not need to borrow money at all' he concluded.
However, in addition to the five publicly traded companies listed above, publicly available information shows that he and his Greencool family still had multiple investments during the time Gu Gujun quickly acquired Greencast had invested 360 million U.S. dollars in May 2002, In Nanchang Economic and Technological Development Zone to buy 16.6 hectares, the construction of Greencool Technology Industrial Park; the end of 2002, Gu Chujun took the price of 10 million yuan Shangling two refrigerator production line equipment; in October 2002, but also spent 300 million acquisition of the overall Jilin Gino refrigerator factory, and so on.
Soon after, Lang Lang, an economist who became famous in the wake of the 'DeLong system' in 2001, targeted Gu Chujun at the muzzle. Broke a lot of true and false difficult to distinguish the 'insider' and even led to domestic economists on the reform of state-owned property rights, but to some extent, it was also reported at the time Gu Chujun and his Green Cole Department of the fuse of the fuse.
Recalling today, Lang Xianping, Gu Chujun said he was hate for the former opponent.
Commission on investigation after being sentenced to 10 years
Gu Chujun recalled that when he took over Kelon, he took Kelong's tax revenue of 170 million yuan from the pre-acquisition to 560 million yuan in 2004. And this made him and Kelon suffer from an official who performed the duties of Shunde in 2004觊 觎.
On December 1, 2004, Gu Chujun received an inquiry letter from Guangdong Securities Regulatory Bureau to inquire about the issuance of a guarantee letter of 276 million U.S. dollars from Kelon Company in Guangdong Development Bank, which is also the beginning of "Gu Chujun Case." He told Netease Finance , He was sent to the Guangdong Development Bank survey, the Guangdong Development Bank to seal them that there is no such thing, never opened the policy for them. 'I also went to the Guangdong Provincial People's Bank check bottom, because the security has a record. There is no record, indicating that the guarantee letter is a false thing. 'Then they wrote a proof to the Guangdong Securities Regulatory Bureau.
However, in 2006, when the person in charge of the relevant department of China Securities Regulatory Commission interviewed with media in the case of Gu Chujun mentioned that after Ku Chujun took charge of Kelon Electrical in 2001, it was a huge loss in that year and it was the continuous loss of Kelon Electrical Appliance on the verge of delisting, Belong to the high-risk listed companies and become the key supervision targets of the exchanges and the CSRC.
According to the person in charge, in September 2004, the CSRC unified arrangements, Guangdong, Hubei, Jiangsu and Anhui Province, the four provinces Securities Regulatory Commission, respectively, Kelon Electrical and its affiliates to verify and found that there are many companies operating and management are not Standard practice.
A document obtained by Netease Finance shows that from October 25, 2004 to November 29, 2004, the inspection team dispatched by CSRC Guangdong Securities Regulatory Bureau conducted inspection on Kelon Electric and subsidiaries in Jiangxi and Zhuhai and found that there were many Two days later, Kelon wrote a letter to the Guangdong Securities Regulatory Bureau, one by one to reply to the regulatory issues found.
April 2005, Greencool suspected of embezzling Kelon electrical funds was officially put on file for investigation, Hubei, Jiangsu, Anhui and Guangdong Province, the four provinces Securities Regulatory Bureau joint investigation of Greencool's four listed companies soon, Gu Chujun was arrested, Green Kohl suspended, he was also removed Kelon chairman.
There are two versions of the reasons for filing a case investigation. Gu Chujun insisted that the investigation was based on the fact that Kelon guaranteed a total amount of 276 million U.S. dollars to Greencool, which did not exist and therefore considered the filing procedure illegal. However, in April 2007 In the "Administrative Reconsideration Award" on the 3rd, China Securities Regulatory Commission (CSRC) replied that the filing procedure was in compliance with the law and that the cause of the investigation was not Gu Gujun's alleged non-compliance guarantee. He pointed out that on February 17, 2005, the regulatory department of listed companies, Suspicion of inflated profits, false disclosure and other circumstances for the filing of the case.
In January 2008, the Intermediate People's Court of Foshan City, Guangdong Province, delivered a judgment of first instance. Gu Chujun was sentenced to 10 years' imprisonment for the crime of false registered capital, illegal disclosure, non-disclosure of important information, and misappropriation of funds.
In April 2009, Guangdong Higher People's Court made a final judgment on Gu Chu Jun's case and dismissed the appeal to uphold the original judgment.However, it is worth mentioning that the Public Prosecution Service has hired Baker Tilly International Certified Public Accountants to conduct 22 special judicial and accounting assessments Report ', Guangdong High Court adjudicates before and after the prosecution provided a total of 22 appraisal reports due to the violation of the procedure can not be used as evidence, which also led directly to the court finds it difficult to ascertain the specific amount of profits.
On December 22, 2017, Beijing No. 1 Intermediate People's Court (2016) Jingyao Line No. 61 "Administrative Judgment" ruled that China Securities Regulatory Commission (CSRC) released a "Securities and Futures Investigation Rules" to Gu Chujun. On the same day, Beijing No. 1 Middle School Court (2016) Beijing No. 01 Line 62 "Administrative Judgment" decides that China Securities Regulatory Commission (CSRC), within a statutory time limit, discloses to Gu Chujun its investigation of the opening of its chairman's office meeting in 2005 for the investigation and investigation of Guangdong Kelon Electrical Co., Ltd. The reasons, the conclusion of investigation, the time of the meeting, the list of participants, the contents of the meeting, the voting contents of the meeting and the minutes of the meeting.
The openness of these data is Gu Chujun long-awaited.
15 new evidence rebutted the three counts
Gu Chujun was released from prison on September 6, 2012. He has held several press conferences after he was released from prison, and the date on which NetEase obtained his financial statements was "Criminal Petition Form" on June 30, 2013 and "Criminal Cases of Gu Chujun Major New Evidence and New Legal Basis for the Case ", the lawyer provided 15 new evidences to the Guangdong Provincial High Court to prove Gu Chujun's three charges of no such decision.
For the crime of false registration, the acquisition of Kelon that year, Shunde Greencool registered capital of 1.2 billion, of which intangible assets invested up to 900000000 yuan, accounting for 75% of the total registered capital, far more than that time "company law" set 20% .The new evidence includes the Guangdong Greencool company obtained in 2003. According to the relevant departments of Guangdong Province, such enterprises can register 70% of intangible assets.Gu Chu Jun said he was in the first instance, In the second instance, the court asked for the transfer of the court without consent, but the prosecution of the prosecution focused on the case of a false capital injection of 660 million yuan.
Gu Chujun retorted that Kelon had a huge loss of two years before he acquired the company. After he took over, the company's financial data has been fundamentally improved, and the growth of sales after 2002 mainly depends on The international market, rather than by pressure on the sale of goods.The prosecution pointed out that Kelon inflated sales revenue by way of Yahuo, but also in 2003 and after the use of Anhui Vichy Company and Wuhan Evergreen unrealistic trade background commercial acceptance bills.
But Gu Chujun also told Netease that pressing goods is the industry practice and that "my return percentage is the lowest among all the manufacturers in the country, with Kelon reaching 20% and only 6% to my hand." He also pointed out that after his imprisonment , Kelon is still selling pressured goods, higher than the proportion of his time.
As for the crime of misappropriation of funds, new evidence shows that in KPMG's Financial Audit Report on the significant cash flows between Jiangxi Kelon and Jiangxi Greencool from July 2002 to April 2005, it is pointed out that Kelon's inflow Funds of 1336000000 yuan, outflow of 974000000 yuan, Kelon surplus of 3620000000 yuan .Gu Chujun accordingly said that Kelon owes Greencool money.
However, Netease Finance found Kelon at that time on KPMG's "Financial Audit Report" notice, the announcement pointed out that Kelon and its major subsidiaries and the Greencool line of companies, or suspected with the Greencool line company-related companies The total abnormal cash outflow was approximately RMB4,071 million and the total abnormal cash inflow was approximately RMB3,479 million. The net irregular cash outflow during the investigation period was approximately RMB592 million. The net outflow of cash may represent the net cash inflow from the Group Minimum loss'.
Since then, the new shareholders that acquired Kelon filed a number of civil litigations with the court in Foshan Intermediate People's Court based on KPMG's cash flow report.
Netease Financial asked Gu Chujun in the Supreme Court when there will be any new evidence submitted, he said there will be, but still displayed in June 2013 of 15 evidence.
Civil cases have come to Guangdong High Court
Gu Chujun, released from prison in September 2012, ran civil cases in addition to running for his own criminal case.
According to Gu Chujun's description, at an office meeting held by the relevant department in late April 2006 for the case of Kelon, according to the special audit conducted by KPMG and the Guangdong Provincial People's Government and the All-China Federation of Industry and Commerce, Kelon at least owed the Green Kelp Group 220 million yuan of funds by the Foshan Shunde District Government to advance 220 million yuan, together with the Kelon shares owned by Greencool Group shares transferred to Hisense 680 million yuan in cash received a total of 900 million yuan to pay Greencool Group owed a total of 850 million yuan in debt to banks in the country to unlock the Kelon shares seized by these creditors, but the parties involved did not respond to this.
On January 25, 2006, Kelon Department Company sued Gu Chu Jun and Greencool Company for damages to the company's rights and interests. Foshan Intermediate People's Court finally adjudicated that Gu Chu Jun and Greencool paid more than 700 million yuan Debt more than 700 million yuan, but also makes the country's bank claims can not be paid off.
In August 2015, Gu Chujun held a press conference on the theme of claiming a high price of 48.961 billion yuan from Hisense Group, which acquired the Kelon stake in his hand, which amounts to 48.9 billion yuan, including Gu Chujun's personal patent infringement fee 19.77 billion yuan. The equity losses of its four listed companies, Greencool Technology, Meiling, Yaxing Bus and ST Xiangshan, were equivalent to 15.551 billion yuan. In the case of Kelon, 16 lawsuits resulted in the bank obtaining debt and auctioning Gu Chu Jun and Greenclose Group's land, plant, property and equipment caused a loss of 13.94 billion yuan.His appeals include the dismissal of all Hisense Kelon and other eight defendants all the execution of the distribution request, ordered eight defendants to return the full implementation fee has been received.
On the 19th of the same year, Hisense Kelon issued a public notice in response to the lawsuit filed by Gu Chu Jun and described it as a groundless factual basis for absurd lawsuit. The announcement said that the case of the Greencool Department of Hisense Kelon in the Intermediate Court of Foshan was in 2009 Prior to September, all the successful court orders were finalized. At present, the execution procedure has basically ended with the remaining relevant interest uncollectible. The current court procedure only involves the distribution of relevant interest.
On September 7, 2015, Foshan Intermediate People's Court notified that the court made the first instance ruling on the case on the previous day and found that among the six suits put forward by Gu Chujun and others, the four suits for claiming RMB48.9 billion were not in the civil first instance of the people's court The scope of acceptance should be rejected and the other two prosecutions concerning the enforcement of the objection to the distribution plan will continue.
When asked about the follow-up of this case, Gu Chu Jun said that at present the civil cases are in Guangdong High Court, the case of 48.9 billion yuan was dismissed by the Foshan Intermediate Court is currently in the stage of appeal and 'the Guangdong Provincial High Court is now to wait for the highest Judicial review of the court '.
In addition to Kelon, Gu Chujun said he previously controlled the shares of other listed companies were taken away by the local government, 'I looked for the Anhui provincial government, Anhui Province, the government made it very clear that you are against us we must give you because This makes no sense.
On the other hand, on 26 June 2017, the Hong Kong Securities and Futures Commission announced that Gu Chujun and Greencool executives were sanctioned for disclosing false information. The Tribunal ordered Gu Chu Jun to hand over his 481, 969, 785 Yuan profit. "I also thank the Mainland for the law enforcement agencies that provided ongoing assistance on the issue." Prior to June 20, 2014, the Hong Kong Securities and Futures Commission had informed Gu Chujun of the High Court of Hong Kong, asking the court to freeze about 1.59 billion U.S. dollars of Gu Chu Jun Of the assets.The indictment held guilty of including Gu Chujun, including technology executives in Greencool between 2000 and December 31, 2004, involving a serious exaggeration of the company's financial data of market misconduct.In addition to financial fraud, Gu Chujun also by the Hong Kong Securities and Futures Commission Will point out the secret holds 107 million H shares of Hisense Kelon shares However, for the Hong Kong Securities Regulatory Commission, Gu Chu Jun to be completely denied that it is framed.
In an interview on the 1st, Gu Chujun is not too willing to talk more about civil litigation. He believes that "the first is now the reparation of criminal cases. Discussing civil cases will dilute this issue and increase the difficulty of criminal reversion."
China's manufacturing industry to do the transformation and upgrading of 'researchers'
In the five years after his release from prison, Gu Chujun wrote a book titled "Attracting Investors," based on the transformation and upgrading of China's manufacturing industry. Currently, he is still writing the second book on the "large-scale manufacturing process in the world and its prospects" In addition, he is working with former employees and friends on an online training program for professional managers and entrepreneurs.
In his opinion, the present self is, to a greater degree, a 'researcher'. When asked whether he likes the identity of a researcher, he said he or she still cares very much about this identity. 'It's not like or dislike, but now I am this identity. '
He did not talk too much about the comeback, saying that the manufacturing industry is different from the Internet and that it is hard to do anything without money. When asked how he would like to evaluate himself, he would have ridiculed him if he was to evaluate him now 'But he admits the title is not very good.' This hat is just like my hat. I do not like it, but I have to wear it because I have to be able to work hard to be rehabilitated. '
He commented on himself: eating by skill, insisting that he had "lived on this life all by himself, none of which was done by private trading with others." He even stated that he had not bribed a penny.
As for the post-prison economic source, he has vaguely relied on previous networks in many interviews and 'consults with former friends and brothers' companies. "