As of 22:30 in the evening of June 13, the trial has been going on for about 14 hours and is still going on. Most of the time spent on the group's cross-examination of the original evidence.
The retrial of the Gu Chujun case has evolved into a marathon.
On the afternoon of June 13, after a brief recess, Gu Chujun falsely registered its registered capital, disclosed irregularities, and did not disclose important information. The retrial of misappropriation of funds continued in the Supreme People's Court in Shenzhen Grand Court of First Circuit Court.
In the morning of the morning, the court had already filed the group's cross-examination link for the first of the three counts of Gu Chujun identified by the original verdict, that is, falsely reporting the registered capital. In the afternoon, the prosecution and the defense continued to charge the other two counts. Expand the group evidence of the original evidence.
The results of the second trial of the case determined that Kelon Electric had suffered continuous losses in 2000 and 2001 and was put on the 'ST' hat by the Stock Exchange. If it is still a loss in 2002, Kelon Electric will withdraw from the market. In order not to be delisted, The indictment of Gu Chujun, the defendant of the original trial, Kelon Electric made a corresponding treatment of the annual report in 2003 and 2004.
The annual financial accounting report released by Kelon Electric shows that the total profit in 2001 was negative 1.489 billion yuan, the total profit in 2002 was 103.9 million yuan, the total profit in 2003 was 220 million yuan, and the total profit in the first quarter of 2004 649.352 ten thousand yuan.
Since Deloitte & Touche Certified Public Accountants found out that the sales of Kelon Electric was false during the production of the 2004 financial report, the false sales were not recognized as sales. Therefore, the total profit disclosed in the 2004 annual report was negative 68,336,660.
In this regard, Gu Chujun stressed that his management of Kelon is very standard. 'All Kelon Electric Company's sales are real and there is no false sales. You must buy kelon products to Kelon first to make money, which is also the home appliance industry practice I didn't invent it, it wasn't what I created, I took the money first, and I sold it to you.
The six first-instance defendants, including Gu Chujun, denied Kelon's allegations of 'false sales'. They said that Kelon was only selling goods at a time. The essence of pressing goods was to hold back the dealer’s funds as much as possible. Occupy the market, this is a unspoken rule of the electrical industry. At most it only constitutes a certain violation, but it does not constitute false sales.
Afterwards, one of the defendants, Yan Yousong, who once served as a director of Kelon Group, applied to the court and summoned Wei Wuzhou, who had previously served as director of Kelon Appliance Refrigerator Refrigeration Marketing Division, as a witness. Wei Wuzhou stated that Kelon’s executives were No false sales have been made, but only the sales of the goods.
Gu Chujun also said that Deloitte Touche Tohmatsu CPA had been interfered by the Guangdong Securities Regulatory Commission, so that they issued an audit report on the retention of Kelon Electric's 2004 annual report.
At about 19:00 p.m. on June 13, the court conducted a court investigation of the facts of the embezzlement funds found in the original trial.
The original second instance ruling found that: In 2003, Gu Chujun instructed the trial defendant Zhang Hong and others to apply for the establishment of Yangzhou Greencool Venture Capital Co., Ltd. with the registered capital of RMB 1 billion in order to acquire Yangzhou Yaxing Bus Co., Ltd. in the name of Gu Shanhong and Gu Chujun. The company, which has a capital of 800 million yuan and 200 million yuan in intangible assets.
In order to raise the registered capital of 800 million yuan, on June 18 of the same year, Gu Chujun instructed Jiang Baojun and others to mobilize 250 million yuan from Kelon Electric to instruct Zhang Hong to use 40 million yuan of capital from Jiangxi Kelong Industrial Development Co., Ltd. to pass Jiangxi Branch. Long's bank account was transferred to the bank account of Jiangxi Greencool Development Co., Ltd., and on the same day, transferred the 290 million yuan to Tianjin Greencool's account opened at the Bank of China Yangzhou Branch.
With experience, Yangzhou Greencool was incorporated with a registered capital of 1 billion yuan, of which Gu Chujun’s currency contributed 700 million yuan, intangible assets contributed 200 million yuan, accounting for 90% of the equity; Gu Shanhong contributed 100 million yuan, accounting for 10% of the equity. Kelon in Jiangxi Province was divided into five pens and transferred to Kelon Electric for a total of RMB 250 million. According to the original judgment, Gu Chujun and Zhang Hong’s behavior constituted the crime of misappropriating funds.
Gu Chujun retorted that at that time, Kelon and Greene had a lot of money exchanges. During the peak season, Greene lent Kelon and off-season Kelon returned to Green. It took about three days. He thinks this is a very simple 'borrowing money' relationship. , does not constitute a crime.
After the group’s cross-examination of the original evidence was completed, Xie Boyang, former vice chairman of the All-China Federation of Industry and Commerce, appeared in court to testify. He said that when dealing with Greencool’s assets, he had seen reports showing that Kelon Group owes Greenback 290 million. Yuan Renminbi.
With the gradual deepening of the trial, the prosecution and the defense both showed signs of fatigue, and Gu Chujun’s own emotions also began to get excited. The content of the trial broadcast showed that he tried to speak without the permission of the presiding judge, refuted the original evidence, and He was stopped by the presiding judge. Until 20 o'clock in the evening, the presiding judge proposed a temporary adjournment for the participants and observers to take a short meal.
As of 22:30 p.m. on June 13, the trial has been going on for about 14 hours and is continuing. Most of the time has been spent on the group evidence of the original evidence. Related personnel indicated that the trial The progress has exceeded the original expectation and may continue until the next day.