Usury Has Dragged Down A Shoe Company.

In May 1st this year, about Wenzhou shoes All the news of Buick shoe boss running on the road in Zhejiang, and the news of their parents swindling huge sums of money for their sons are crazy on the Internet.

Today, Zhang Mou, the legal representative of Zhejiang Buick Shoes Co., Ltd. is still absconding, and his parents are standing in the dock because they are suspected of illegally absorbing public deposits.

Yesterday, the people's Court of Lucheng District heard the case publicly. In the trial, the old couple kept tears, saying that if they had the ability, they would be willing to give all their money back to their creditors.

Illegal deposits of more than 7600 yuan

The maximum monthly interest rate is 7 points.

Zhejiang Buick Shoes Co., Ltd. was founded in 2000 with a registered capital of 5 million 810 thousand yuan.

"We are family businesses. When the company was established, the scale was relatively small. There was only one production line. Later, in order to expand the scale of production, we moved the factory to the first stage of shoes." Zhang mother explained that she was in charge of Finance in the company. Her son Zhang was in charge of shoe production, management and financial affairs.

Zhang confessed that he was not responsible for specific matters in the enterprise, but when the company appeared. capital When he was in trouble, he and his wife came to raise money to help their son tide over difficulties.

The prosecution alleged that Zhang and Zhang, together with their son Zhang, had borrowed more than 7600 yuan from 40 people, such as Zhu, Wang, Yu and so on, on the basis of the capital turnover of Buick shoe industry, the expansion of their factory buildings, and wages in 2002, and agreed to pay interest ranging from 1 to 7 cents. During the period, 14 million 50 thousand yuan has been returned. In April 2012, three people fled Wenzhou because of their inability to repay their debts.

Subsequently, Zhang Mu was arrested by the public security authorities when he worked in the bank. After hearing the news of his wife's arrest, Zhang Fu voluntarily surrendered himself in July 15th.

In yesterday's trial, Zhang said that more than 40 people who lend money to them are friends, others are friends of friends. On the IOUs, the borrower's signature is mostly Zhang Fu and Zhang Mu. Confirmed by the public security organs, Zhejiang Buick Shoe Co., Ltd.'s financial account book has been lost, can not be audited, two defendants under the name of the property has been frozen.

Zhang Fu said, now he has only one property in his name, and no other property, he really has no ability to repay the money. And a Porsche car under his son's personal name has been dragged away by a creditor to pay debts.

"All year round, we only rest on the 1 day of each month and work in the factory for the rest of the year." Zhang mother, while wiping away tears, complains that since the establishment of the company, the rental plant has been increased by 13000 square meters from the original thousands of square meters, and the production line has increased to six. The borrowed money has basically been spent on these aspects. With the increase of raw materials, the increase of labor costs and the downturn of the market, the company has almost no profit after deducting expenses.

Zhang Fu argued that although he changed his cell phone number, "I did not escape, but I went to Jiangxi, Hangzhou and other places to find my son."

Crime and non crime

Become the focus of court debate

In the day's trial, Zhang and Zhang confessed to the main allegations and repeatedly expressed their guilt.

Zhang and Zhang's defense lawyers believe that the motive of the two party's borrowing is for the needs of enterprise's production development. Subjectively, they want to expand production and turn losses into profits, and repay lump sum capital and interest at once. In fact, they also pay interest. But objectively, business operations are unfavourable, and borrowing capital and interest are snowball, leading to final insolvency. He believes that the behavior of the two party is caused by the current special economic situation. The law has no definite boundary between the private lending and illegal absorption of public deposits, nor can they predict that their actions will constitute a crime. And after they were brought to justice, they could honestly confess the crime. Zhang Fu had a confession plot and asked the court to make a fair trial.

The public prosecutor thinks that Zhang and Zhang are not the main body of the legal financial institutions. But through the way of "friends to introduce friends", it is a crime of illegally absorbing public deposits instead of private lending to publicize, deposit deposits and pay high interest rates to a specific public group. The defendant's weak consciousness of law can not be an excuse for not forming a crime.

At the same time, the public prosecutor makes recommendations. enterprise We should do our best in order to borrow money from blindly expanding production so that we can not repay it. The court did not decide in court.