Haikou A Logistics Company False Registration Capital

Huang Gao is a legal representative of a logistics company in Haikou. At the beginning of the establishment of the logistics company, the operation was fairly smooth, but later, due to problems in the management and collection of loans, Huang had to close the door to avoid debts. Some of the consignors reported to the public security organs on suspicion of fraud by Huang Mou. After Huang Mou was arrested, the public prosecutor made a crime of making false statements about capital and contract fraud, and filed a public prosecution with the court.

Huang Moumou, male, 27 years old, Lingao County, Hainan province. The trial found that in April 2011, Huang and Xun saw that the logistics industry made a good profit, and then discussed partnership investment to set up a logistics company, but two of them could not get the registered capital of a company. After hearing someone's charge of 3000 yuan, they can help to run the company's business license. After consulting Huang Mou and Huang, he decided to invest 1500 yuan per person in order to let others give the company a business license. Subsequently, Huang Mou and Huang came to Haikou and gave a man RMB 3000 yuan. The man registered a logistics company with a registered capital of 500 thousand yuan, of which 300 thousand yuan was subscribed by Huang Mou, and 200 thousand yuan was paid by Huang. After the establishment of the company's experience capital, the registered capital of 500 thousand yuan for capital verification was transferred on the date of approval in May 23, 2011. Huang Mou and Huang's registered company actually did not invest any money capital.

Since the establishment of the company in May 2011, Huang Mou and Huang have rented the pavement of Wen Lian Road, Haikou Meilan District as the company's business premises, and also set up three branches in Lingao County, Hainan, new town and Diao Lou town respectively. Engaging in freight forwarding agents and collecting money for cargo owners. The main business process is the Haikou City Wen Lian Road company's business point to receive customers' goods, fill in the list of quadruple shipping and collection of goods, one company reserve, one for the owner, and two for shipping to the branch. The company will transport the goods to the branch according to the place where the consignor needs to check. The branch will deliver the goods to the consignee and collect the payment, and then the branch supervisor will deposit the money into the designated postal bank account of Huang Mou. After receiving payment, he will pay the goods to the consignor of the consignment within three days. In 2011 Management In the process, Huang Mou can basically pay the goods to the consignor on time. But after entering the 2012, because some consignees owed money, the branch manager failed to make a full sum of money to Huang and a company. Operation and management Improper, resulting in Wu Mou and a number of cargo owners were owed. The owner of the goods who had been in arrears of payment kept coming home to collect debts, and began to move the goods of the logistics company after he had asked for no payment. In February 2012, Huang went to Lingao after he closed the company and three branches. Wu Moumou and other 38 cargo owners went to the public security organs on the grounds of Huang Mou's money swindling. Report a case 。 In August 15th of the same year, 13 hours ago, Huang Mou was captured by the police in the town near Lingao County.

The public prosecutor tried to defaulted Wu Mou and other 38 cargo owners for 16 yuan or more, and the company and three branches closed and fled, resulting in 16 yuan worth of goods that could not be returned to 38 other cargo owners such as Wu and so on, which constituted the crime of contract fraud. Meilan court believes that Huang Mou in the operation of the company in arrears of owner's payment is owed by the branch supervisor, there is no evidence that Huang has the intention of cheating other people's property. During the registration process of applicant company, Huang used fraudulent means to falsely report registered capital, deceive the company registration authorities and obtain company registration. His behavior constituted a crime of false registration of capital. In view of the fact that Huang Mou has a good attitude of confession, he is guilty of penance and is given a lighter punishment.

Meilan court made a judgment in accordance with the law, Huang Moumou guilty of false registration of capital, sentenced to six months imprisonment, and a fine of 20000 yuan; the public prosecutor accused him of committing contract fraud is insufficient evidence, the alleged crime is not established.