I think the following aspects, further ￣ confirmation of Min Jie Dong guilty of contract fraud:
￣. From the subject of the crime: Min Jie Dong is the use of good Friends Yongli information services company and Kairos financial leasing company to commit fraud, the main body of the fraud is the unit.
As for the amount of fraud is also by no means more than seventy million dollars, but nearly eight hundred million dollars.
II. From the nature of the contract: the subscribers and the two companies signed the contract is a double pay contract.
Pledgers have the obligation to pay pledges, pay information intermediary fees, crowdfunding service fees, but also to get the corresponding rights in rem (?), the right to pre-dividends; the two companies have the obligation to pay pledges, pay information intermediary fees, crowdfunding service fees.
The subscribers have the obligation to pay the pledge money, pay the information intermediary fee, the service fee, and the right to get the corresponding property rights (?), the right to pre-dividend; the two companies have the obligation to collect the funds, low-interest loans through the foreign subsidiaries, to buy the aircraft, medical equipment and complete the lease, and the information intermediary fee, service fee, and the right to confirm the ownership of property rights.
In the process of signing the contract, the two companies used the contract to commit fraud: Goodwill Wynn, a one-time fraudulent high intermediary fee, amounting to five to six percent of the pledge, and Kairos, a service fee of ￣ percent for the mere pooling of funds.
All of these can be found in the contracts signed by the two parties, which programmed the fraudulent contract to be a dual-payment contract, the nature of the fraud is characterized as contract fraud.
iii. From the fraud perpetrator to produce fraudulent behavior of the intentional occurrence of time:
General ordinary fraud, intentional occurrence of time can only be at the beginning of the implementation of fraud.
Contract fraud, intentional time can be at the beginning of the time, can also be in the implementation of fraud, and the latter is more covert and deceptive.
The two companies charge a high amount of information intermediary fee and the collection of funds for the service fee of the fraudulent behavior of the intentional occurrence of time, can be recognized as the beginning of the implementation of fraud.
Kairos Leasing Company to implement the fraudulent behavior of the intentional occurrence of time ￣ part of the beginning of the occurrence, in addition to the collection of the service fee involved in the above, in the design of the contract, the introduction of the leading fund-raiser, that is, the Shanghai Kairos Company and Min in the foreign subsidiaries of the competence, in addition to the collection of funds, the agent of the loan, the purchase of leasing obligations, but also to determine the ownership of the rights of the property authority, which is for the subsequent in the process of fraud, deliberately put the property right in the process of the fraud. In the course of the fraud, deliberately attributed to Min and all the companies in the name of the property rights laid the groundwork.
Sure enough, when the Shanghai Changning Economic Investigation told crowdfunding representatives, that ￣ a second-hand aircraft belonging to Min and all of its subsidiaries, will be surprised, it can be seen, Min and his company fraud behavior intentionally occurring time, part of the implementation of the beginning of the fraud, more in the implementation of fraud in the middle of the case, which is a typical contract fraud.