According to the Shanghai Legal Daily, the boss of a cultural communication company made up the fact that he had obtained the right to host the relevant concert, lured several victims to sign a concert investment agreement with his company, collected more than 21 million yuan in investment funds, and then used the proceeds to repay debts, personal consumption, etc. On September 30, 2022, the Huangpu District Procuratorate of Shanghai filed a public prosecution against the defendant Chen on suspicion of contract fraud.
01.2 billion deposit certificate gain trust from the investor
In September 2019, Mr. Zhou, the owner of A Pictures, met Chen, the boss of a certain Cultural Communication (Shanghai) Co., Ltd. (hereinafter referred to as the Cultural Company), through a friend's introduction. Chen said that he had obtained the right to host the 2020 Alan Tam China Xi'an concert, asked whether Company A had an investment intention, and provided a fictitious agreement signed by his cultural company and a Hong Kong production company and a payment receipt. In order to gain the trust of Company A and make it feel safe to invest, Chen also forged a deposit certificate of 200 million yuan for another equity investment fund, Management Co., Ltd. (hereinafter referred to as the equity company), which he managed. In the end, Chen signed a concert investment agreement with Company A with the equity company as the guarantor, and Company A invested 4.2 million yuan.
During the "preparation" of Alan Tam's concert, Chen also said that he had obtained the right to host the Shanghai station of the 2020 Andy Lau tour and signed an investment agreement with Company A again. Later, he could transfer the investment share of Andy Lau's Thai concert held by him on the grounds that he had no share in the Shanghai Station concert. Company A expressed its approval and transferred 15 million yuan of investment. In November 2019, Company A asked Chen to lead a team to Thailand to see venues and contact ticketing and investment channels many times, but Chen kept looking for various reasons to make excuses. Later, Chen said that due to the outbreak of the epidemic, Andy Lau's Thai concert was not successfully held. Then Company A collected debts from Chen, and Chen disappeared from the world.
02 The prosecutor took off his thread and accurately confirmed the facts
According to Chen's confession, since he started doing business, most projects have been incurred, so he came up with a way to fabricate the concert project and fool new investors to fill the debts they had previously owed, so he continued to cycle until the incident occurred.
After investigation, from September 2018 to July 2020, the defendant Chen used the name of a cultural company, equity company, etc. he actually controlled, and lied that he had undertaken performance projects such as Alan Tam's concert, Andy Lau's concert, and Korean online concerts. He forged various agreements and payment vouchers, and defrauded four companies including A Company A and other four of them to repay the company's debts, foreign investment , paying employees' wages arrears, and daily expenses for his cohabiting girlfriend.
During the case handling process, in response to Chen's defense that he had paid the intention money, the prosecutor believed after strict review that Chen could not provide any payment voucher, and even though he had actually paid the intention money for , , after failing to obtain the right to sponsor, he faced the victim's request for investment funds, and used various false excuses to delay, did not truthfully state to the victim that he did not obtain the right to sponsor, and did not fulfill his obligation to refund the money and interrupted his contact with the victim until he was arrested by the public security organs. During the signing and performance of the contract, Chen had an obvious purpose in illegally possessing the victim's investment funds, and the amount was particularly huge. According to Article 224 of the Criminal Law of my country, it constituted the crime of contract fraud. The prosecutor hereby reminds that when conducting project cooperation involving large amounts of funds, investors should conduct sufficient background checks before signing the contract, and do not suffer huge losses in their own interests due to trusting the other party. Enterprises should also operate honestly and consciously maintain a good market operation order.
On November 3, 2022, after a judgment by the Huangpu District Court in accordance with the law, the defendant Chen was sentenced to thirteen years in prison, deprived of political rights for two years, and a fine of RMB 350,000.
Author: Xia Tian Lin Zhenshu
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