Shenzhen Luohu District Court made a first-instance judgment on the case of Zhao Xinxian, a member of the 10th CPPCC National Committee, former general manager and party secretary of Sanjiu Enterprise Group, and sentenced the defendant Zhao Xinxian to one year and ten months' imprisonment respectively for the crime of abuse of power. He Rong was sentenced to one year and seven months to one year and six months respectively. The Supreme People's Court disclosed the truth of the case to the Legal Daily today, and cleared up all kinds of speculations about the Zhao Xinxian issue. The court found that at the beginning of 1996, Hong Kong Changteng (China) Investment Co., Ltd. established Shenzhen Seaview Golf Resort Co., Ltd., which was actually controlled by Hong Kong Changteng Company 100% and was specifically responsible for the construction of 7.64 square kilometers of golf course and supporting facilities in Maluan Village, pingshan town, Longgang District. 1999 10 Lin qingqu, chairman of changteng company (handled separately), met the defendant Chen Dacheng, who was then the general manager of Hong Kong Sanjiu Automobile Co., Ltd., a subsidiary of Sanjiu Enterprise Group, through the introduction of friends. After learning that Lin owned the Meisha Golf Course project, Chen reported to the then general manager of Sanjiu Enterprise Group and instructed Chen to negotiate with Lin to purchase the project on behalf of Sanjiu Enterprise Group. Since then, Zhao and Chen have repeatedly discussed the acquisition with Lin Qingqu and reached an acquisition intention.
In February 2000, without formal evaluation of the acquisition project, research by the Party Committee of Sanjiu Enterprise Group and approval by the State Planning Commission and relevant departments, Zhao Xinxian signed the Equity Acquisition Agreement with Lin Qingqu on behalf of the company, stipulating that Hong Kong Sanjiu Industrial Company, a subsidiary of Sanjiu Enterprise Group, would acquire 80% equity of Hong Kong Changteng Company from Lin Qingqu and own 80% equity of Seaview Golf Company at a purchase price of HK$ 470 million, which would be paid in two installments. Later, Zhao Xinxian and others forged the minutes of the board meeting of Hong Kong Sanjiu Industrial Co., Ltd. at their registered address. The defendant Dong Shirong of Hong Kong Sanjiu Industrial Co., Ltd. and the then finance minister and chief accountant of Sanjiu Pharmaceutical Co., Ltd. signed the minutes of the meeting to confirm that the fictitious board meeting discussed and approved the above acquisition.
Due to the inability of Hong Kong Sanjiu Industrial Co., Ltd. to pay the payment, it instructed and allowed the organization to collect the payment. It is planned to pay 470 million yuan for the purchase by applying for bank loans and dividends from shareholders, and submit it to Zhao Xinxian for approval. Subsequently, Sanjiu Pharmaceutical Company pledged the deposit of RMB 230 million from Shenzhen CITIC Bank, obtained a loan of HK$ 200 million from CITIC Jiahua Bank, and paid it directly to Lin Qingqu as the down payment for the acquisition of equity. After the above loan expires, Sanjiu Pharmaceutical Company will pay off the loan debt of Hong Kong Sanjiu Automobile Co., Ltd. with the pledged deposit.
On May 29th of the same year, he instructed, Rong and others to falsely increase the dividend amount, forged the Resolution of the Board of Directors of Shenzhen Sanjiu Pharmaceutical Co., Ltd. on 1999 cumulative profit distribution signed by, Rong and others, and paid 292.6 million yuan to Hong Kong Sanjiu Company in the name of dividend. On this basis, he fraudulently purchased foreign exchange from the State Administration of Foreign Exchange and related banks, and remitted $35.3 million to Hong Kong Guang 'an Bank. In June of the same year, Hong Kong Sanjiu Company drew a draft of HK$ 270 million for this sum and delivered it to Lin Qingqu as the second equity acquisition. After the above acquisition, Sanjiu Enterprise Group renamed Shenzhen Seaview Golf Resort Co., Ltd. as Sanjiu Dalong Health City Co., Ltd. Because the land use right certificate was not obtained before and after the acquisition, the government approval documents obtained before the acquisition of the project were planned and planned, which did not meet the development and operation conditions, and the project was still in a stagnant state. During the capital verification in 2004, Sanjiu Enterprise Group reported the total amount of HK$ 470 million for the acquisition of 80% equity of Hong Kong Changteng Investment Company as loss write-off and submitted it to SASAC for approval.
The court held that the defendant's behavior constituted a crime of abuse of power. In view of the fact that the defendant can truthfully confess the facts of the crime after being brought to justice, the above judgment was made. After the verdict was pronounced in the first instance, none of the four defendants appealed, and the case has now taken legal effect. As one of the largest comprehensive pharmaceutical enterprises in China, Sanjiu Pharmaceutical Co., Ltd. is mainly engaged in drug research and development, production, sales and corresponding medical care services. The company's existing varieties are mainly Chinese patent medicines, and involve chemical raw materials and preparations, biological products, medical and health materials and other medical fields. Our products have spread all over the country and all over the world, selling well in Japan, the United States, Canada, South Korea and Southeast Asia, and have established stable trade relations with many foreign companies.
Sanjiu Medicine has many well-known brand-name products in China, such as Sanjiu Weitai series, Sanjiu Ganmaoling series, Sanjiu dermatitis flat ointment and Shenmai injection. The market share of main products in China is in the forefront of similar products, and some products are still in an absolute leading position. By the end of June 2003, 65438+February 3 1, the total assets of Sanjiu Pharmaceutical reached 8.296 billion yuan. In 2003, its main business income was 2.674 billion yuan and its net profit was 209 million yuan. Since its establishment, Sanjiu Enterprise Group has been pursuing the business philosophy of high technology, high quality and high efficiency. Hard work and industry serving the country have become the business philosophy and enterprise spirit of Sanjiu Group. Run enterprises with first-class talents, engage in production with first-class equipment, provide first-class products to users and provide first-class services to society. There are sales offices and warehouses in 15 provinces and 4 municipalities directly under the central government, forming a nationwide pharmaceutical sales network; Set up a professional sales department for antibiotics, traditional Chinese medicine injections, biological products, health care products and medical devices.
Sanjiu enterprise group develops technology by combining production, learning and research; The pharmaceutical research institute of the group is generally responsible for the strategic direction of the group's technological development, and each enterprise has set up corresponding specialized research institutes according to the professional direction, and each research institute has extensive cooperation with major universities and research institutions in China. The established research institutes include Sanjiu Bioengineering Institute, Sanjiu Huaxi Institute of Traditional Chinese Medicine Injection, Sanjiu Institute of Antibiotics and Sanjiu Institute of Chinese Patent Medicine. Sanjiu Enterprise Group is a large state-owned pharmaceutical enterprise directly managed by the State Council SASAC. It owns Sanjiu Medicine, a listed company, and a number of GMP-certified pharmaceutical production enterprises, involving pharmaceutical manufacturing, pharmaceutical packaging, pharmaceutical sales, medical services and other fields. It has nearly 1000 kinds of Chinese and western medicines and a nationwide drug sales network. "999" medical brand has great influence at home and abroad.
Due to internal management confusion and long-term high-debt operation, Sanjiu Enterprise Group was insolvent at the end of 2003, and its production and operation were unsustainable, resulting in a serious debt crisis. In July 2004, with the approval of the State Council, the debt restructuring of Sanjiu Group began. On June 5438+February, 2006, according to the debt restructuring framework plan determined through consultation with the Sanjiu Creditor Committee, in order to ensure the smooth transition and long-term development of the enterprise, the work of introducing strategic investors was implemented in accordance with the principle of overall restructuring and market-oriented operation. Five groups of investment consortia, including Shanghai Industrial Holdings Co., Ltd. (Carlyle Investment Group Asia Acquisition Fund/Hony Investment Consulting Co., Ltd.), China Resources (Group) Co., Ltd., New World Infrastructure (China) Investment Co., Ltd. (CCMP Asia Investment Fund), Deutsche Bank Group (CITIC Securities) and Shanghai Fosun High-tech (Group) Co., Ltd., submitted proposals for restructuring. On the basis of expert voting, SASAC has carefully studied the proposals submitted by various strategic investors. China Resources Group was selected as a strategic investor in the primary election, and the capital reorganization of Sanjiu Enterprise Group was implemented after being reported to the State Council for approval.
The initial selection of strategic investors introduced by Sanjiu Group will help to solve the debt crisis of Sanjiu Group and occupy the funds of listed companies as soon as possible, effectively safeguard the rights and interests of minority shareholders of listed companies, minimize losses in all aspects and promote the healthy development of enterprises.