DavidCadogan.ca Forums » DavidCadogan.ca

ekv1uMEuI6

(1 post)
  • Started 10 years ago by az7zx5swoe

  1. <br>There are a few dozen employees of state-owned enterprises, in order to mobilize the enthusiasm of workers, without the approval of the parent company, seven years granted to employees over 1664 million dollars in prize money, the company is deputy general manager of First Instance found after constitute crime of owned assets.<br> <br>Later, the deputy general manager of both the positive innocence. Deputy General Manager Chen said he did not directly manage or handle the excess issue of bonus payments, his conviction was unfair. Research the general manager believes that employees exceeded the performance, not rewarded, ultimately damaged or country.<br> <br>□ illegal act<br> <br>7 years bonus 16,640,000<br> <br>State-owned enterprises involved in this case by the central management, by the mechanical and electrical industry's largest conglomerates holding.<br> <br>Qimou and Chen had served as general manager of the state-owned enterprises, respectively, deputy general manager. In accordance with the notice requirements of the parent company,http://store.shopping.yahoo.co.jp/ebest-dvd/0000000798836.html, the state-owned enterprises shall draw wages in total wages approved by the parent company, all personnel shall not grant additional, approved in total wages shall not be charged to other forms of wage projects.<br> <br>Research the company and the prevailing financial officer, said the company has developed its own payroll, bonus system. Beginning in 2004, the company benefits has been good, the manager of the company office will examine,extensions cheveux, to mobilize the enthusiasm of workers, or in accordance with the allocation of the company's own money to develop the payment of wages and bonuses to employees.<br> <br>Qimou said the company serving staff of about 40 people, retired count, a total of 60 people. Forensic Accounting inspection reports and other documents confirm that since 2004 a total of seven years, the parent company approved the total wages of the company's total of more than 22.7 million yuan, while the company's real hair employees salaries and bonuses, subsidies, a total of 3934 million yuan, Super worth a total of 1664 million yuan.<br> <br>□ evasion of inspection<br> <br>Agreement to set up coffers fraud<br> <br>At that time the person in charge of finance, the manager's office decided that the financial sector from the outside for cash, to offset the company's profits,http://store.shopping.yahoo.co.jp/ebest-dvd/0000001133583.html, the formation of unlisted coffers, and then send the money to the workers from the coffers.<br> <br>This is a Finance official said, according to their Qimou introduction contacted several units for cash, and made a false agreement to consulting fees or service charges, fees in the name of the device in the company's general account brought out checks, that several after the units to give them cash, they give tickets in order to facilitate the development of books in order. In fact, the company and the other did not happen real business is to be able to contact the company's profits in the formation of unlisted coffers, then in addition to the total wages to employees made money. Coffers by the financial sector management, recording, fund coffers are present personal bank finance staff account. "Otherwise, we have not been audited this year off."<br> <br>Qimou said each for cash, to be approved by him, to tell him the general financial needs than the total amount of wages to employees made much cash, he signed with subsection application form.<br> <br>□ first instance verdict<br> <br>Two leaders owned assets<br> <br>August 2011, Research, Chen has been in custody, after divided into two cases indicted. In the two first instance verdict, they jointly suspected a crime, namely crime of owned assets.<br> <br>Court of First Instance to identify, from 2004 to 2011, Research together with Chen, the manager of the company office will examine the decision, in violation of state regulations, the name of the unit embezzle collective 1664 million yuan to employees of the unit. Wherein, Research was found, from 2004 to 2005, his share of money from the 18.1 million.<br> <br>According to the provisions of the parent company, Research 2004 salary is 18 million, 2005 19 million. Other executives believe the company's efficiency and good Qimou contribution inseparable, Research as number one, big responsibility, pay less than the take, the meeting decided to give him a replacement. Ultimately, Research in 2004 actually received 219,000 yuan,extension cheveux clip, 332,000 yuan in 2005 actually received a total overpaid 18.1 million.<br> <br>Research the allegations at the hearing no objection. The court held that, as Qimou executives directly responsible for state-owned enterprises, in violation of state-owned assets management regulations, in the name of the unit embezzle state assets to individuals collectively constitute crime of owned assets. Given that he has voluntarily surrendered themselves, a good attitude, show repentance, lighter sentenced to 3 years imprisonment, suspended for three years and fined 100,000 yuan.<br> <br>□ both innocence<br> <br>◎ Deputy General Manager<br> <br>Claiming to have no more money without the knowledge<br> <br>Chen bonus pay would not be detected. He believes his innocence, arguing that his company is not responsible for the regulation of labor and financial assessment of excess bonuses not directly manage or handle the hearing.<br> <br>First instance court held that Chen as the company's team members to participate in decision-making, should bear the corresponding liability. But considering Chen played a secondary, supporting role,http://sc.ddbj.nig.ac.jp/index.php/ja-application/46-ja-category/ja-howto, accomplice, its mitigation of punishment, and so sentenced to two years and fined 60,000 yuan. After the verdict, Chen appeal.<br> <br>Recently, in the court of the Second City Court, Chen stressed that he does not know coffers bonuses to employees over the matter, the Court can not merely because he participated in the manager's office to identify him together Qimou embezzle state assets.<br> <br>Chen's lawyer believes that state-owned enterprises involved in super bonus, is in violation of the provisions of the parent company, rather than national laws and administrative regulations mandatory. And the parent company in the next issue of the document clearly states: "The emergence of super-super-mentioned hair, ultra mention Super portion to be eliminated in the approved total base salary next year, and the enterprises are mainly responsible for giving notice of criticism, as the case may buckle Save their pay for performance. " Lawyers believe that the state-owned enterprises over the total payroll, because the corporate profit growth due to super-fat in such cases, consideration should be given punishment according to internal documents, rather than directly to the criminal law department.<br> <br>Chen also felt unfair to convict him, "Until now, even the people directly involved,extension per capelli, are not held accountable. Why must I be prosecuted?"<br> <br>Prosecutors believe that Chen, although not directly manage the company's financial department, but as members of the team, knowing the total annual wages under the superior 'case, the manager's office to participate in decision-making. As vice president of the company, although the establishment of small treasuries directly responsible for such acts, but bear in charge of the responsibility. Adding that the relevant judicial authorities directly responsible personnel being processed.<br> <br>◎ General Manager<br> <br>Anlaoquchou not damage the country<br> <br>It is reported that, after the first trial was sentenced to probation Qimou currently in appeal. He also felt wronged, saying where the company is not a monopoly enterprise.<br> <br>Qimou said that under the efforts of all employees, the company from the original only 200 million of assets, the development of asset size now stands at 200 million yuan, a debt-free. Company to open up the business once new employees, but the total amount of wages parent company approved to increase very little, "the end of the assessment, found that employees exceeded the performance, can not give employees cash? No cash damage the enthusiasm of employees, the final damage also not a country? "<br> <br>Qimou said he and the leadership of the parent company, said these cases, the leaders wanted to make his own way. In his view, the case reflects the state-owned enterprises pay system has some problems, "gives us the feeling that the business losses not make money does not matter, but the money distributed to workers not." He said the country should also be aware of the problem, 2011 in only a year to the total amount of wages involved state-owned enterprises have more than 1700 million, but never before in which more than 4.9 million.<br> <br>□ other charges<br> <br>◎ prosecution<br> <br>Deputy arrested for extortion<br> <br>In addition to dividing the state-owned assets crime, Chen First Instance also found to constitute bribery.<br> <br>The first instance court found that from 2003 to 2009,http://www.postyourblack.com, Chen served as deputy general manager of the company during Xiamou as the competent leadership, Sohn, used his position to Xiamou demanded 72,extension clip capelli veri,000 yuan to 140,000 Sohn request yuan.<br> <br>Sohn had Xiamou and Chen are responsible for the charge of two departments. The company issued a year-end awards, are by all benefits to the sectoral allocations,http://store.shopping.yahoo.co.jp/uchiyama-sports/mue-02062-a.html, year-end awards are the first hit to the department in charge of personal accounts, and then allocated by the responsible person. Xiamou and Sohn said after the annual year-end awards, not the money in their accounts when points to employees, Chen must first go to a part. They said that Chen is to lead, they do not perform too.<br> <br>It also said employees hit the bonus account to pay personal income tax too.<br> <br>Fengtai Court of First Instance that Chen as a national staff, the use of authority bribes to others, their actions constituted bribery and sentenced to 10 years imprisonment, confiscation of personal property 50,000 yuan; graft and crime of owned assets,http://store.shopping.yahoo.co.jp/brandcouture/er-104-blk.html, Chen decided to implement in prison for 10 years and 6 months and fined 60,000 yuan, confiscation of personal property $ 50,000.<br> <br>◎ defense<br> <br>It is a non-public funds bribery<br> <br>In this regard, Chen's lawyer believes that Chen is not obtained Xiamou, Sohn personal effects, but where the company to be issued by the department bonus, is property of the company,http://www.just-service.co.jp, does not meet the constitution of crime of bribery.<br> <br>Prosecutors believe that state-owned enterprises involved in bonus after deduction of personal income tax paid to the head of the personal account, the money should belong to all individual department heads, department heads have the right to allocate the money, which no longer belongs to the company all.<br> <br>Counsel submits that the prosecution did not provide tax documents can not be identified suspects detained over a tax bonus. The prosecution response,ciocca di capelli, the company's books and related testimony showed, distributed to the department heads account money, less than the amount of payment determined by the manager's office, in line with the proportion of the gap between the proportion of personal income tax, there is no need to add tax documents.<br> <br>Chen also stressed in court that he did not ask for money to Xiamou and Sohn, but other unsolicited. The resulting division of its prize for public service companies, hospitality and business sectors related to those two customers, not owned by individuals. He also said that his defense counsel at the first instance to provide a testimony of five witnesses,http://www.sustainabilitystore.com, confirmed that spend a lot of money to entertain clients, thank helped the Company.<br> <br>But prosecutors believe, and Sohn Xiamou testimony both said Chen should be asked to give him money, never expressed to Chen, the money is for the business sector spending. According to the company policy, deputy general manager of the department should not receive bonuses or withdrawal fees from the department bonus.<br> <br>For the testimony of the defense provided five witnesses the prosecution that are relevant only to prove individual cases, there is no other evidence. The case is no court verdict.<br> <br>(Original title: Over a seven-year SOE issued 16,640,000 bonus)<br> (Edit: SN021)<br>

    Posted 10 years ago #

RSS feed for this topic

Reply

You must log in to post.