How long was Shen Detong sentenced?

First part of the document

Linyi Intermediate People’s Court of Shandong Province

Civil Judgment

(2020) Lu 13 Minchu No. 3

Plaintiff: Linyi Harbor Hotel Co., Ltd., domiciled at the southeast corner of the intersection of Yihe Road and Volvo Road, Zhima Dun Office, Linyi Economic and Technological Development Zone.

Legal representative: Wu Xingguo, manager.

Plaintiff: Wu Xingguo, *, *, *, *.

Defendant: Shen Detong, *, *, *, *.

Entrusted litigation agent: Li Zeqiang, a legal worker at Linyi Hedong Zhengwang Legal Services Office.

Defendant: Dong Xueyong, *, *, *, *.

Litigation Record

This court decided in 2020 on the dispute over the invalidity of the contract between the plaintiffs Linyi Harbor Hotel Co., Ltd. (hereinafter referred to as Linyi Harbor Hotel) and Wu Xingguo and the defendants Shen Detong and Dong Xueyong. After the case was filed on January 8, ordinary procedures were applied in accordance with the law, and the trial was held in public on July 6, 2020. Wu Xingguo, the legal representative of the plaintiff Linyi Harbor Hotel, and Li Zeqiang, the attorney appointed by the defendant Shen Detong, attended the court to participate in the lawsuit. The defendant Dong Xueyong refused to appear in court without justifiable reasons after being legally summoned by this court. The case has now been concluded.

Factual basis

Linyi Harbor Hotel and Wu Xingguo filed a lawsuit with this court: 1. Request to confirm that the "Linyi Harbor Hotel Transfer Agreement" signed by the plaintiff and the defendant is invalid; 2. The defendant returned the Linyi Harbor Hotel and its ancillary facilities (subject to the transfer content in the transfer agreement); 3. The defendant compensated the plaintiff for economic losses of 60 million yuan; 4. Litigation costs (including all expenses incurred by the plaintiff to realize its creditor's rights) (but not limited to attorney fees, appraisal fees, transportation expenses, etc.) shall be borne by the defendant. Facts and reasons: On August 11, 2017, the plaintiff and Dong Xueyong signed the "Linyi Harbor Hotel Transfer Agreement", agreeing to transfer the 48,000 square meters of Linyi Harbor Hotel and its ancillary facilities to the defendant for a total transfer price of 230 million Yuan. According to the agreement, after the defendant paid 100 million yuan, the plaintiff delivered the Linyi Harbor Hotel house and ancillary facilities to the defendant (with a detailed delivery list). On July 6, 2018, the defendant issued an "Application" to the plaintiff, stating that its subsequent capital chain was broken and it was unable to pay the remaining 130 million yuan transfer fee. On November 14, 2018, the Hunan Province Hongjiang Municipal People’s Court (2018) Xiang 1281 Xingchu No. 97 Criminal Judgment found that: Shen Detong used MLM funds to pay the plaintiff RMB 100 million when purchasing Linyi Harbor Hotel, and should be recovered and turned over to the plaintiff Treasury. On July 3, 2019, the Intermediate People’s Court of Huaihua City, Hunan Province (2018) Xiang Xingzhong No. 555 Criminal Ruling upheld the first-instance judgment of the People’s Court of Hongjiang City, Hunan Province. To sum up, Shen Detong and Dong Xueyong used funds obtained from crime to sign a sales contract with Linyi Harbor Hotel and Wu Xingguo and made payments, which violated legal provisions and the contract was invalid. After the contract is invalidated, Shen Detong and Dong Xueyong should return Linyi Harbor Hotel and its ancillary facilities to the plaintiff and compensate the plaintiff for the losses caused. During the course of the litigation, the plaintiff applied to withdraw the third litigation claim on the grounds that he would file a separate lawsuit after the losses were determined.

Shen Detong argued: 1. This lawsuit is a duplicate lawsuit because the plaintiff sued the same facts as early as 2019, so the lawsuit is a duplicate lawsuit; 2. This contract cannot be terminated because of the dispute. The subject matter has been state-owned by the People's Court of Hongjiang City, Hunan Province; 3. The plaintiff's claim that the contract is invalid has no factual and legal basis, and it does not meet the requirements for invalidity stipulated in the Contract Law; 4. The plaintiff's claim for compensation has no legal and factual basis , the real breach of contract is today’s phenomenon caused by the plaintiff’s inability to apply for a real estate certificate for the defendant.

Dong Xueyong did not reply.

The parties submitted evidence in accordance with the law regarding the litigation claims, and this court organized the parties to conduct evidence exchange and cross-examination.

The plaintiff submitted the following evidence: 1. "Linyi Harbor Hotel Transfer Agreement" 2017.8.11; 2. Power of attorney and receipt 2017.8.14; 3. Linyi Harbor Hotel business license, legal person ID card, legal person certificate and respondent's identity certificate; 4 , "Linyi Harbor Hotel Handover Agreement" 2017.8.17; 5. "Harbor Hotel Warehouse Item Handover Detailed List" 2017.8.22; 6. "Harbor Hotel Staff Clothing Warehouse Handover Detailed List" 2017.8.24; 7. "Kitchen Supplies and Equipment Handover Form" and details 2017.8.25; 8. "Linyi Harbor Hotel Co., Ltd. Invoice Special Seal Handover Form" 2017.9.5; 9. "Linyi Harbor Hotel Co., Ltd. Invoice and Gold Plate Handover Form" 2017.9.4; 10. "Linyi Harbor Hotel Co., Ltd. Intercom Handover Form" 2017.9.4; 11. "Linyi Harbor Hotel Co., Ltd. Front Hall Safe Handover Summary Form" 2017.9.4; 12. "Staff Canteen Handover List" 2017.9.6; 13. "Harbor Hotel Room Card Handover Form" 2017.9.7; 14. "Harbor Hotel Key Handover Record Form" 2017.11.10; 15. "Transfer Agreement" 2017.11.1; 16. "Harbor Hotel Co., Ltd. Online Banking U Disk Handover" Table" 2018.1.15; 17. "Various Payment and Handover Details of Harbor Hotel" 2018.3.20; 18. "Lawyer's Letter" 2018.6.8; 19. "Application" 2018.7.6; 20. Criminal Criminal Court of Hongjiang City People's Court of Hunan Province Judgment (2018) Hunan 1281 Xingchu No. 97. Defendant Shen Detong's opinion during cross-examination: There is no objection to the authenticity of evidence Nos. 1 to 16, 18, 19, and 20, but this evidence cannot prove the plaintiff's claim; the various payment details of evidence No. 17 were raised against its authenticity and relevance Objection, as far as I know, the expenses were all paid by the defendant.

The defendant has no objection to the authenticity of the above evidence, and this court confirms it; the various payment and handover details in Evidence No. 17 are also part of the handover content between the two parties, which can prove the handover situation after the two parties signed the agreement. .

Based on the evidence submitted by the parties and the court investigation, this court found the facts as follows: On August 11, 2017, the plaintiffs Linyi Harbor Hotel and Wu Xingguo, as Party A, and the defendant Dong Xueyong, as Party B, signed the Linyi Harbor Hotel Hotel Transfer Agreement" stipulates that: Linyi Harbor Hotel has a total construction area of ??approximately 48,000 square meters and ancillary facilities, and a land use area of ??32,216 square meters. Party A voluntarily transfers the commercial buildings and land use rights within the house occupation to Party B for a fee. , the total transfer price is 230 million yuan, Party A will issue a receipt after receiving the transfer payment; the transfer price payment method is that Party B pays a deposit of 50 million yuan to Party A's Wu Xingguo's personal account on the day the contract is signed, and the remaining price is paid in two installments. For the first time, 50 million yuan will be paid within 60 days from the date of signing the contract. For the second time, Party A will complete the property ownership certificate and compile the land, planning, land use and other procedures into a book and deliver it to Party B, and handle the legal person change, equity change and other procedures. Party B shall pay 130 million yuan to Party A Wu Xingguo within 30 days from the date of delivery. At the same time, Party B needs to use the property rights of the hotel as a guarantee for the 130 million yuan owed to Party A Wu Xingguo. If Party B cannot pay the remaining 130 million yuan when due, Party A Wu Xingguo has the right to take back the property rights of the hotel, and Party B shall cooperate unconditionally. When the house is delivered, personnel will be arranged to enter and handover to Party A one week from the date of payment of the deposit. The contract also stipulates liability for breach of contract.

After the contract was signed, the defendant Shen Detong entrusted others to pay 1.5 million yuan, 48.5 million yuan, and 50 million yuan to Wu Xingguo's account on August 12 and 14, 2017, for a total of 100 million yuan. On August 17 of the same year, Linyi Harbor Hotel and Dong Xueyong signed the "Linyi Harbor Hotel Handover Agreement", handing over the hotel and ancillary facilities, equipment, and hotel-related items. Both parties signed the specific handover records and details produced. confirm.

On February 13, 2018, Shen Detong was criminally detained by the Public Security Bureau of Huaihua City, Hunan Province on suspicion of organizing and leading pyramid schemes. He subsequently failed to pay the hotel transfer price.

On November 14, 2018, the People's Court of Hongjiang City, Hunan Province issued a criminal judgment (2018) Xiang 1281 Xingchu No. 97, and Shen De was sentenced to 8 years in prison for the crime of organizing and leading pyramid selling activities. The second instance of the case upheld the original judgment. This judgment Be legally effective. According to the facts found in the criminal judgment, Shen Detong purchased the Linyi Harbor Hotel and used the pyramid scheme account he controlled to use pyramid schemes funds to pay 100 million yuan to Wu Xingguo’s personal account. Dong Xueyong was entrusted to sign the Linyi Harbor Hotel transfer agreement on his behalf. (2018) Criminal Judgment No. 97 of Xiang 1281 Criminal Judgment No. 24 Judgment: The defendant Shen Detong used pyramid schemes funds to pay Wu Xingguo RMB 100 million for the purchase of Linyi Harbor Hotel Co., Ltd., and should be recovered from Wu Xingguo and Linyi Harbor Hotel Co., Ltd. Turn over to the national treasury. During the trial of this case, the defendant Shen Detong admitted that Dong Xueyong was entrusted by him to sign the "Linyi Harbor Hotel Transfer Agreement" with the plaintiff.

It was also found out that Linyi Harbor Hotel is an enterprise solely owned by Wu Xingguo. Linyi Harbor Hotel has not yet gone through property rights confirmation and registration.

This court believes that

This court believes that based on the facts found in the effective criminal judgment and the facts proved by this court in court, Dong Xueyong was entrusted by Shen Detong to sign the "Linyi Harbor Hotel" with the plaintiff. Transfer Agreement", according to which a sales contract relationship was established between the plaintiff and the defendant Shen Detong, and the rights and obligations of the contract should be borne by both parties to the contract. Shen Detong used the funds obtained from pyramid schemes to pay for the transfer of the hotel. This was obviously a legal form to cover up the illegal purpose. Therefore, the agreement signed by the two parties was invalid due to violation of legal provisions. After the contract is confirmed to be invalid, the property acquired by the parties pursuant to the contract shall be returned. The criminal case against Shen De for leading and organizing pyramid schemes has been completed. The criminal judgment did not deal with the property of Linyi Harbor Hotel involved in the case. There is no legal basis for Shen De to occupy this part of the property. The plaintiff requested that it be returned. His civil rights claim is legitimate and legal and should be granted in accordance with the law. support. Since the (2018) Criminal Judgment No. 97 of Xiang 1281 has determined that the 100 million yuan paid by Shen Detong to Wu Xingguo must be recovered from Wu Xingguo and Linyi Harbor Hotel, it will no longer be returned to Shen Detong by the plaintiff. During the course of the lawsuit, the plaintiff applied to withdraw the lawsuit requesting the defendant to compensate for economic losses of 60 million yuan on the grounds of another lawsuit. This was a voluntary disposal of litigation rights and did not violate legal provisions. This court allowed it.

To sum up, the plaintiff’s request to confirm the invalidity of the Linyi Harbor Hotel Transfer Agreement and to require the defendant Shen Detong to return the Linyi Harbor Hotel premises and its ancillary facilities is legitimate and well-founded, and this court supports it. In accordance with Article 52, Item (3) of the Contract Law of the People's Republic of China, Article 39, Paragraph 1, and Article 134 of the Civil Procedure Law of the People's Republic of China, In accordance with the provisions of Paragraph 1 and Article 144 of Article 1, the judgment is as follows:

Judgment Result

1. The "Linyi Harbor Hotel Transfer Agreement" signed by the plaintiff and the defendant is invalid ;

2. The defendant Shen Detong shall return the Linyi Harbor Hotel and its ancillary facilities to the plaintiffs Linyi Harbor Hotel Co., Ltd. and Wu Xingguo within ten days after this judgment takes effect (specifically based on the transfer content in the transfer agreement) );

3. Dismiss the lawsuit claims of the plaintiff Linyi Harbor Hotel Co., Ltd. and Wu Xingguo against the defendant Dong Xueyong.

The case acceptance fee was 341,800 yuan, of which 113,900 yuan was borne by the plaintiffs Linyi Harbor Hotel Co., Ltd. and Wu Xingguo, and 227,900 yuan was borne by the defendant Shen Detong.

If you are dissatisfied with this judgment, you can submit an appeal to this court within 15 days from the date of delivery of the judgment, and submit copies according to the number of opposing parties, and appeal to the Shandong Higher People's Court.

Tail of document