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Case of Financial Certificate Swindling Committed by Zhang Qi (Case of Financial Certificate Swindling)
张奇金融凭证诈骗案
【法宝引证码】

Case of Financial Certificate Swindling Committed by Zhang Qi (Case of Financial Certificate Swindling)
(Case of Financial Certificate Swindling)
张奇金融凭证诈骗案

Case of Financial Certificate Swindling Committed by Zhang Qi

 

张奇金融凭证诈骗案

(No.1 2001, Publication of the People's Court)

 (法公布(2001)1号)
Criminal Judgment of the Supreme People's Court of the People's Republic of China 中华人民共和国最高人民法院刑事判决书
(No. 103, 1999, Criminal Revision) (1999)刑复字第103号
BASIC FACTS 
The accused: Zhang Qi, alias Zhang Mingliang, male,born on November14, 1956, Han nationality, resident of Beijing, unemployed (hired by the Investment Invitation Division of Beijing Yindun Security Industry Commerce Group as manager from June 1995 to 1996), residing at No.7 of East Gaoliangqiao Lane, Xicheng District, Beijing, arrested on October 7, 1997, and now in custody. 被告人张奇,别名张明亮,男,1956年11月14日出生,汉族,北京市人,无业(1995年6月至1996年被聘为北京银盾警业商贸集团招商引资部经理),住北京市西城区高梁桥东巷7号,1997年10月7日被逮捕。现在押。
The First Intermediate People's Court of Beijing heard the financial certificate swindling case brought by the Beijing Branch of the People's Procuratorate against the accused Zhang Qi. On September 10, 1998, the Court rendered a criminal judgment numbered 1162 (1998) of the first instance holding that the accused Zhang Qi has committed a financial certificate swindling crime and is thereby sentenced to death penalty, permanent deprivation of political rights and forfeiture of all his individual property. After the pronunciation of the judgment, Zhang Qi refused to accept it and appealed. On March 18, 1999, the High People's Court of Beijing rendered a final penal sentence of No. 599 (1998) to dismiss the appeal and sustain the original judgement and submitted to this Court for approval according to the law. This Court has formed a discussion panel to review the case. The review has been concluded now. 北京市第一中级人民法院审理原北京市人民检察院分院指控被告人张奇犯金融凭证诈骗罪一案,于1998年9月10日以(1998)一中刑初字第1162号刑事判决,认定被告人张奇犯金融凭证诈骗罪,判处死刑,剥夺政治权利终身,并处没收个人全部财产。宣判后,张奇不服,提出上诉。北京市高级人民法院于1999年3月18日以(1998)高刑终字第599号刑事判决,驳回上诉,维持原判,并依法报请本院核准。本院依法组成合议庭,对本案进行了复核。现已复核终结。
The following facts have been verified after the revision: In June 1996, Zhang Hongfa (to be handled in another case), the vice director in the liaison center of the Fundamental Public Security Theory Commission of the Chinese Police Research Society, who held a concurrent post in Beijing Yindun Security Industry Commerce Group (hereinafter “Beijing Yindun Group”) as vice president, conspired with the accused Zhang Qi, who was the manager of the Investment Invitation Division of Beijing Yindun Group at that time, to embezzle the bank savings of the depositors. With the aid of Gao Jianzhong and Mu Yijie (to be handled in another case), these two learnt that there was idle fund in the Beijing Department Store (later named Beijing Wangfujing Department Store Group Corporation Limited by Shares). They asked Gao Jianzhong and Mu Yijie to deceive the Beijing Department Store that if it deposited its fund in the Xichanganjie Office of Chinese Trust and Industry Bank, the borrower would pay an extra portion of interest besides the interest paid by the deposit bank according to the state regulations when the fund was loaned out. On July 5 that year, Beijing Department Store deposited RMB20,000,000 in the Xichanganjie Office of Chinese Trust and Industry Bank.Afterwards, Zhang Hongfa and Zhang Qi instructed Gao Jianzhong and Mu Yijie to make a seal of “Finance Seal of the Beijing Department Store” and a seal of Liu Yulan, the chief accountant of the Department Store, and to stamp them into the original seal card of the Beijing Department Store provided by Chen Tong (to be handled in another case), a staff member of the Xichanganjie Office of Chinese Trust and Industry Bank. Zhang Hongfa forged a bank mail transfer certificate of the Beijing Department Store to transfer the funds. On July 10, with the forged bank mail transfer certificate, Zhang Hongfa went to Xichanganjie Office of Chinese Trust and Industry Bank to transfer RMB20,000,000 into the account of the liaison center of the Fundamental Public Security Theory Commission of the Chinese Police Research Society opened also in the Xichanganjie Office, thus defrauded Beijing Department Store of RMB 20,000,000. Afterwards, Zhang Qi gained RMB80,000 of the money; the rest was used by Zhang Hongfa and Beijing Yindun Group. A loss of over RMB12,000,000 was caused. 经复核查明:1996年6月,中国警察学会公安学基础理论专业委员会联络中心副主任兼北京银盾警业商贸集团(以下简称北京银盾集团)副总裁张洪发(另案处理)与时任北京银盾集团招商引资部经理的被告人张奇共谋以支付高息为诱铒,骗取储户在银行的存款。二人通过高建忠、牟义杰(均另案处理)得知北京市百货大楼(后更名为北京市王府井百货(集团)股份有限公司)有闲置资金,便让高建忠、牟义杰欺骗北京市百货大楼称,北京市百货大楼若将资金存入中信实业银行西长安街办事处,除存款银行付给国家规定的利息外,待该款贷出后,贷款方还支付一部分高于银行的利息。同年7月5日,北京市百货大楼将2000万元存入中信实业银行西长安街办事处。尔后,张洪发、张奇指使高建忠、牟义杰持中信实业银行西长安街办事处的工作人员陈瞳(另案处理)提供的北京市百货大楼预留印鉴卡复印件私刻了“北京市百货大楼财务专用章”和该百货大楼总会计师刘玉兰的印章。张洪发伪造了北京市百货大楼转款的银行信汇凭证。同月10日,张洪发使用伪造的银行信汇凭证到中信实业银行西长安街办事处将2000万元划入中国警察学会公安学基础理论专业委员会联络中心在该办事处的帐户上,骗得北京市百货大楼存款2000万元。事后,张奇分得赃款8万元,其余赃款被张洪发和北京银盾集团使用,造成损失1200余万元。
In March 1997, Tian Jidao (a fugitive), legal representative of Beijing Kaibote Investment Consulting Corporation, asked Zhang Qi to draw funds. With the aid of Guan Sihu (a fugitive), Li Qiliang (to be handled in another case) and others, Zhang Qi lured the Chinese Commodity Inspection Newspaper Office into depositing on March 27 RMB10,000,000 in the Chongwenmen Office of the Beijing Branch, Bank of China,by the aforementioned means. Soon later, Tian Jidao asked someone else to make a finance seal and a legal person name seal of the Chinese Commodity Inspection Newspaper Office and, after Zhang Qi's comparison of the seals, forged a bank mail transfer certificate of RMB9,900,000 to transfer the funds from the Chinese Commodity Inspection Newspaper Office to the Beijing Kaibote Investment Consulting Corporation. On March 31 of the same year, Zhang Qi instructed Li Qiliang to transfer RMB 9,900,000 from the Chongwenmen Office of the Beijing Branch, Bank of China to the account of the Beijing Kaibote Investment Consulting Corporation opened in the Lianhuahe Office of the Beijing Branch, Bank of China. In this way, Chinese Commodity Inspection Newspaper Office was embezzled of RMB 9,900,000. Afterwards, Zhang Qi obtained RMB160,000 of the money,and the rest was used by Beijing Kaibote Investment Consulting Corporation. After the case was detected, the embezzled money and articles valued over RMB 2,300,000 were recovered and over RMB7,500,000 remained unrecoverable. 1997年3月,北京恺波特投资咨询有限责任公司法定代表人田际道(在逃)让张奇帮助拉资金。张奇通过关四虎(在逃)、李琪梁(另案处理)等人以前述手段诱使中国商检报社于同月27日将1000万元存入中国银行北京分行崇文门分理处。随后,田际道找人私刻了中国商检报社财务专用章和法人名章,让张奇比对后,伪造了中国商检报社转款990万元给北京恺波特投资咨询有限责任公司的银行信汇凭证。同年3月31日,张奇指使李琪梁到中国银行北京分行崇文门分理处将990万元划入北京恺波特投资咨询有限责任公司设在中国银行北京分行莲花河分理处的帐户上,骗得中国商检报社的存款990万元,事后,张奇分得赃款16万元,其余赃款被北京恺波特投资咨询有限责任公司使用。案发后追缴赃款、物品共计人民币230万余元,尚有750余万元未追回。
During May and June of 1997, Zhang Qi became acquainted with Zu Feng (a fugitive), vice president of Beijing Gongda Real Estate Corporation. Zu Feng was informed that Beijing Huachuan Business Development Corporation wanted to deposit its idle funds of RMB6,000,000 into the bank for high interest and he conspired with Zhang Qi, Tie Qi (to be handled in another case) to defraud this fund. On July 31, 1997, with the aid of someone else, Zu Feng lured Beijing Huachuan Business Development Corporation into depositing RMB6,000,000 in the Xuanwumen Office of the Beijing Branch, Bank of China, by the aforementioned means. Soon after, Zu Feng acquired the original seal card and copies of incoming statements from Beijing Huachuan Business Development Corporation and gave to Tie Qi. Tie Qi instructed Wang Yanqiu (the accused of the same case,sentenced) to forge the finance seal of Beijing Huachuan Business Development Corporation. After comparing the seals, Zhang Qi forged a bank mail transfer certificate of RMB 5,900,000 to transfer funds from Beijing Huachuan Business Development Corporation to Beijing Gongda Real Estate Corporation. On August 4, with the forged bank mail transfer certificate, Tie Qi and the others transferred RMB 5,900,000 into the account of Beijing Gongda Real Estate Corporation in the Xuanwumen Office. The RMB 5,900,000 deposit of Beijing Huachuan Business Development Corporation had been swindled. Afterwards, Zhang Qi received RMB 50,000 of it, and the rest was used by Beijing Gongda Real Estate Corporation. After the case was detected, over RMB5,190,000 was recovered and over RMB700,000 remain unrecoverable. 1997年5月、6月间,张奇与北京公达房地产公司副总经理祖峰(在逃)相识。祖峰获悉北京华川经济贸易开发公司有600万元闲置资金欲存到银行赚取高息。遂与张奇、铁歧(另案处理)共谋骗取该款。同年7月31日,祖峰通过他人以前述手段,诱使北京华川经济贸易开发公司将600万元存入中国银行北京分行宣武门分理处。随后,祖峰向北京华川经济贸易开发公司索要了该公司的预留印鉴卡和进帐单复印件交给铁歧。铁歧指使王艳秋(同案被告人,已判刑)持北京华川经济贸易开发公司的预留印鉴卡私刻了“北京华川经济贸易开发公司财务专用章”和该公司法定代表人鲍鸿玺印章。张奇对刻印章进行比对后,伪造了北京华川经济贸易开发公司转款590万元给北京公达房地产公司的银行信汇凭证。同年8月4日,铁歧等人持伪造的银行信汇凭证到中国银行北京分行宣武门分理处净590万元划入北京公达房地产公司帐户上,骗得北京华川经济贸易开发公司的存款590万元。事后,张奇获得赃款5万元,其余赃款被北京公达房地产公司使用。案发后,追缴赃款519万余元,尚有70万余元未追回。
In August 1997, Zu Feng was informed that Beijing Power Transmission and Distribution Corporation had RMB10,000,000 of idle funds and conspired with Zhang Qi and Tie Qi to defraud this fund. On August 6, Zu Feng lured Beijing Power Transmission and Distribution Corporation into depositing RMB 10,000,000 in the Lianhuahe Office of the Beijing Branch, Bank of China by the aforementioned means. On the following day, Zu Feng acquired the original seal card and incoming statement copy of this Corporation from its depositor, then gave them to Tie Qi. Tie Qi asked Wang Yanqiu to forge the finance seal of Beijing Power Transmission Corporation and a seal of its legal representative, Cao Jinen, by stamping the original seal card of the Beijing Power Transmission and Distribution Corporation. After comparing the seals, Zhang Qi forged a bank mail transfer certificate to transfer RMB 9,800,000 from the Beijing Power Transmission and Distribution Corporation to Beijing Gongda Real Estate Corporation. On August 11, 1997, when Tie Qi instructed someone else to transfer the money from the Lianhuahe Office of the Beijing Branch, Bank of China, the bank staff found out discrepancy between the seal on the bank mail transfer certificate and the original seal. The attempt to embezzle did not succeed. 1997年8月,祖峰获悉北京送变电公司有闲置资金1000万元,遂与张奇、铁歧共谋骗取该款。同月6日,祖峰以前述手段,诱使北京送变电公司将1000万元存入中国银行北京分行莲花河分理处。次日,祖峰向北京送变电公司存款人索要了该公司的预留印鉴卡和进帐单复印件交给铁歧,铁歧让王艳秋持北京送变电公司的预留印鉴卡私刻了“北京送变电公司财务专用章”及该公司法定代表人曹晋恩的印章。张奇对私刻的印章进行比对后,伪造了北京送变电公司转款980万元给北京公达房地产公司的银行信汇凭证。同年8月11日,铁歧指使他人到中国银行北京分行莲花河分理处划款时,银行工作人员发现银行信汇凭证上的印鉴与预留印鉴不符,诈骗未得逞。
In Summary, the accused Zhang Qi in collusion with others used the forged bank mail transfer certificate four times, embezzled RMB4,560,000 out of the depositors' savings (RMB 9, 800,000 of the amount unsuccessfully), and received RMB290,000. After the crime was detected, over RMB15,100,000 was recovered including money and articles, with over RMB20,000,000 still unrecoverable. 综上,被告人张奇伙同他人4次使用伪造的银行信汇凭证,诈骗储户存款共计4560万元(其中980万元未遂),张奇分得赃款29万元。案发后追缴赃款、物品共计1510余元,尚有2000余万元赃款未追回。
The above facts have been verified by the seized counterfeit seals and bank mail transfer certificates,expert conclusion, testimony of the witnesses, statements of the other accused in the same case, and Zhang Qi's confession. The above is sufficient to determine the case. 上述事实,有查获的伪造的印章和银行信汇凭证、鉴定结论、证人证言及同案被告人的供述证实,被告人张奇亦供认。足以认定。
JUDGMENT'S REASONING 
The Court held: the accused Zhang Qi in collaboration with others used counterfeit bank mail transferm certificates to embezzle the depositors' savings. Such act constitute a crime of financial certificate swindling. The swindled amount was extremely large and resulted in extremely serious loss to State interests. In the joint offense, Zhang Qi played a principal role by participating in planning beforehand, comparing the counterfeit seals and bank mail transfer certificate, forging bank mail transfer certificates, instructing others to transfer the money and sharing in the embezzled funds. Therefore, he was the principal offender in the crime. However, since Zhang Qi just aided others to commit the crime and received only small part of the illicit money, most of which is possessed by other persons or entities. Meanwhile his confession was sincere and he played a relatively less important role than Zhang Hongfa and the others. So he shall be sentenced to death penalty but not executed immediately. The first and second judgments of the Court have verified the facts correctly on the basis of sufficient evidence; the conviction was appropriate and the judgment was procedurally sound, but the sentence was not appropriate. In accordance with Article 199 of the Criminal Procedure Law 夫妻本是同林鸟of the People's Republic of China, Article 285 (3) of the“Interpretation of the People's Supreme Court on Several Issues Concerning the Implementation of the Criminal procedure Law of the People's Republic of China,” Article 12(1), Articles 194(2), 199, 26(1),26(4), 48(1), 57(1), 59 of the “Penal Code of the People's Republic of China,” the Court rendered the following judgement: 本院认为,被告人张奇伙同他人使用伪造的银行信汇凭证,骗取储户存款,其行为构成金融凭证诈骗罪,诈骗数额特别巨大,给国家利益造成特别重大损失。在共同犯罪中,张奇参与预谋、比对假印章、伪造银行信汇凭证,并指使他人划款,参与分赃,起主要作用,系主犯。但鉴于张奇系帮助他人实施金融凭证诈骗,骗得的赃款绝大多数为他人或其他单位占有,张奇所得赃款数额不大,且认罪态度较好,在共同犯罪中的作用相对小于张洪发等人,对其判处死刑,可不立即执行。一、二审判决认定的事实清楚,证据确实、充分,定罪准确。审判程序合法。但量刑不当。依照《中华人民共和国刑事诉讼法》第一百九十九条、《最高人民法院关于执行〈中华人民共和国刑事诉讼法〉若干问题的解释》第二百八十五条开弓没有回头箭第(三)项和《中华人民共和国刑法》第十二条第一款、第一百九十四条第二款、第一百九十九条、第二十六条第一款、第四款、第四十八条第一款、第五十七条第一款、第五十九条的规定,判决如下:
JUDGMENT 
1. The sentence regarding the accused Zhang Qi in the No. 599 (1998) criminal judgment made by the High People's Court of Beijing in its final judgment and the first judgment sentence in the No. 1162(1998) criminal judgment made by the First Intermediate People's Court shall be rescinded; 一、撤销北京市高级人民(1998)高刑终字第599号刑事判决和北京市第一中级人民法院(1998)一中刑初字第1162号刑事判决中对被告人张奇的量刑部分;
2. The accused Zhang Qi committed an offence of finance certificate swindling and is sentenced to death penalty with a two-year reprieve, permanent deprivation of political rights and forfeiture of all his individual property. 二、被告人张奇犯金融凭证诈骗罪,判处死刑,缓期二年执行,剥夺政治权利终身,并处没收个人全部财产。
The judgement shall come into force upon service. 本判决送达后即发生法律效力。
Presiding Judge: Gao Guijun 审判长    高贵君
Judge: Wang Guixiao 审判员    王桂霄
Alternative judge: Liu Hongzhang 代理审判员  刘红章
December 7, 2000 二000年十二月七日
Clerk: Zhong Xuan

 书记员    钟 宣
 

     
     
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