On June 25, Gulbahar Mijti, then a clerk of the Xinjiang branch of China Construction Bank, was punished by the Xinjiang Supervision Bureau of the State Administration of Financial Supervision and banned from working in the banking industry for life. The cause of action shows that the employee is directly responsible for the serious violation of the prudential business rules.
According to a batch of fines disclosed on the same day, China Construction Bank Urumqi Karamay West Road Branch (formerly Northwest Road Branch) was fined 300,000 yuan for two violations: loopholes in the implementation of the internal control system and inadequate employee management. Mo Wenlin, the head of the branch at the time, was banned from working in the banking industry for five years because he was responsible for the loopholes in the implementation of the branch's internal control system and inadequate staff management. Zhang Li, then the head of the Urumqi Xishan Road Branch of China Construction Bank and the former Northwest Road Branch of China Construction Bank Urumqi, was warned and fined 60,000 yuan for being responsible for loopholes in the implementation of the control system and inadequate employee management in the two branches.
The reporter found that the above-mentioned fine involved a case of fund-raising fraud. According to the relevant documents of the China Judgment Network, Guli Bahar Mijit was sentenced to 12 years and six months in prison for illegally raising 93.6833 million yuan, and is currently serving his sentence.
Subject matter: Illegal fundraising fraud
On February 1, 2021, the China Judgments and Judgments Network released the "Criminal Verdict of the Second Instance of the Crime of Fundraising Fraud between the People's Procuratorate of Urumqi City, Xinjiang Uygur Autonomous Region, and Gulbahar Mijiti".
According to the ruling, Gulbahar Mijit, female, Uyghur, former teller of Youyi North Road Branch of the Business Department of China Construction Bank Xinjiang Branch, was criminally detained on January 14, 2019, and arrested on February 20 of the same year.
From March 2000 to early January 2019, Guli Bahar Mijit used the high rebate of investment in China Construction Bank's wealth management products and medical devices as bait to publicize and illegally raise 93.6833 million yuan from unspecified members of the public for debt repayment, interest payment, investment and financial management and living expenses, resulting in the failure to return the raised funds, resulting in an actual loss of 24.8574 million yuan to 68 people, including Zhao Ting, Patigul Abdullah, Maolida Sailai, and Nadira Haibif.
On December 1, 2020, the Intermediate People's Court of Urumqi City, Xinjiang Uygur Autonomous Region, heard the case of the Urumqi Municipal People's Procuratorate accusing the defendant Guli Bahar Mijiti of committing the crime of fundraising fraud, and rendered the (2020) Xin 01 Xingchu No. 16 Criminal Judgment. The first-instance judgment found that the defendant Gulbahar Mijiti was guilty of fund-raising fraud and sentenced him to 12 years and six months in prison and a fine of 300,000 yuan; The unreturned part of the stolen money will continue to be recovered and returned to the victims.
Second instance: The original judgment was upheld
After that, Gulbahar Mijti was not satisfied and appealed. Gulbahar Mijti's appeal and defender submitted that there was no objection to the conviction and sentencing of the first-instance judgment, but the first-instance judgment did not recover part of the profits of the fundraising participants, which was an error in the application of law, and requested that the second-instance judgment be reversed.
On January 28, 2021, the High People's Court of Xinjiang Uygur Autonomous Region issued a criminal ruling, and after trial, it was ascertained that the appellant, Gulbahar Mijiti, falsely advertised that investment bank wealth management products and medical devices could generate high returns, defrauded Zhao Ting and 68 others, and caused losses to the fundraising participants.
The High People's Court of Xinjiang Uygur Autonomous Region held that the appellant, Gulbahar Mijiti, used fraudulent methods to illegally raise funds for the purpose of illegal possession, and that his conduct constituted the crime of fundraising fraud, and that the amount of fraud was particularly huge, and should be punished in accordance with law. With regard to the grounds of appeal and defense opinions on the failure to recover part of the profits of the fundraising participants in the first-instance judgment, after investigation, the first-instance judgment has deducted the profits of the fundraising participants when determining the amount of Gulbahar Mijiti's fund-raising fraud, and whether or not the amount is recovered does not affect the sentencing of this case. Gulbahar Mijti has voluntarily surrendered and can be punished lightly.
The facts ascertained in the original judgment were clear, the evidence was credible and sufficient, the conviction was accurate, and the sentence was appropriate. The trial proceedings were lawful. In accordance with the provisions of Article 236, Paragraph 1 (1) of the Criminal Procedure Law of the People's Republic of China, the ruling is as follows: the appeal is rejected and the original judgment is upheld.
Status: Serving a prison sentence with no property to serve
On May 6, 2022, the Urumqi Intermediate People's Court of the Xinjiang Uygur Autonomous Region disclosed an enforcement ruling showing that Gulbahar Mijiti is currently serving his sentence.
However, in terms of property retrospection, the ruling shows that the subject matter of the application for enforcement in the case of the criminal judgment involving property part of the criminal judgment of the person subject to enforcement, the subject matter of enforcement is 0 yuan, and the subject matter of non-enforcement is 24.8574 million yuan. In the course of enforcement, the Intermediate People's Court of Urumqi City, Xinjiang Uygur Autonomous Region, has taken a number of enforcement measures to include Gulbahar Mijit in the list of judgment defaulters and "limit the height".
"This court believes that in this case, enforcement measures have been exhausted in the course of enforcement, and the person subject to enforcement, Gulbahar Mijit, has no property to be enforced. In accordance with the provisions of Article 519 of the Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China, it is ruled as follows: to terminate this enforcement procedure. The ruling shows.
Enlightenment: "Three Wants, Three Don'ts" to Prevent Illegal Fundraising
The people's court reminds that the common routines of illegal fundraising generally include links such as "drawing cakes", "building momentum", "absorbing money" and "running away", and to prevent illegal fundraising, it is necessary to achieve "three wants, three don'ts":
Be rational and don't leave anything to chance. There will be no pie in the sky, and what will fall is either a "trap" or a "trap". Stick to the bottom line of rationality and don't be blinded by the gambling mentality and luck mentality.
Be steady, don't take risks. High yield means high risk, and it may also be an investment scam, and you should reasonably assess your own tolerance, prudently determine your willingness to take risks, and do not take risks to invest.
Be vigilant, don't be blind. "Generous benefits, attractive conditions, rare opportunities, and limited quotas" are all likely to be fools, so we must be vigilant.
Especially in the field of pension, it is necessary to "see" whether the company has the license to operate the "pension business" issued by the civil affairs department, and whether it has the qualification to finance the society; It is necessary to "ask", consult more opinions from children and legal workers, or listen to the professional opinions and suggestions of civil affairs, public security, the People's Bank of China, national financial supervision and local financial supervision and other departments; It is necessary to "learn", listen to and watch radio and television, study newspapers and books, and improve the ability to identify risks.
Source: Financial Times Client Reporter: Yu Jiaxin Editor: Duan Jiaxi Email: [email protected]