201May18th, Beijing No.2 Intermediate People's Court made a judgment of first instance, and sentenced Huang Guangyu to fixed-term imprisonment of 14 years, fined 600 million yuan, and confiscated 200 million yuan of property. On August 30th, the Beijing Higher People's Court made a final judgment on three cases of illegal business operation, insider trading and unit bribery, and upheld the first-instance judgment. Huang Guangyu was sentenced to 14 years in prison.
2012165438+122, the civil compensation case caused by Huang Guangyu's insider trading case was not pronounced in the third court of Beijing No.2 Intermediate People's Court, and the distribution of burden of proof was controversial.
201212 On February 20th, the court ruled that the plaintiff lost the case and Huang Guangyu did not need to pay compensation.
Brief introduction of the case from September to June, 2007165438+1October, Huang Guangyu violated the state regulations and transferred RMB 800 million to Shenzhen shengfengyuan industrial co., ltd (hereinafter referred to as shengfengyuan company) directly or through Beijing hengyixiang business consulting co., ltd (hereinafter referred to as hengyixiang company).
personal data
Name: Huang Guangyu
Date of birth:1May, 969
Graduate school: China Renmin University.
Native place/nationality: China.
Native place: Shantou, Guangdong
Personal wealth in 2004: 654.38+005 billion yuan;
Personal wealth in 2005: 654.38+0.4 billion yuan;
Personal wealth in 2007: 45 billion yuan (ranking in Hurun's "China Rich List" in 2005:1; In 2007, Hurun ranked in China's Rich List: 4);
Hurun Rich List: 43 billion was the richest man in China for the third time and the richest man in China for the third time (the richest man in 2004-2005).
It is alleged that (1) Huang Guangyu, as the actual controller and director of Beijing Zhongguancun Science and Technology Development (Holdings) Co., Ltd. (hereinafter referred to as Zhongguancun listed company), took advantage of his position during the asset replacement between Zhongguancun listed company and Beijing Pengtai Investment Co., Ltd. (hereinafter referred to as Pengtai Company) managed by Huang Guangyu. Decided and instructed others to purchase more than 9.76 million shares of Zhongguancun (stock code: 00093 1) from April 27 to June 27, 2007, using the stock accounts of six people, including Long Mou and Wang Mou, who actually controlled the transaction, with a turnover of RMB 9,365,438+10,000. As of the announcement date of June 28, there were 6 shares.
(2) From July and August of 2007 to May 7, 2008, Huang Guangyu decided and instructed others to use the stock accounts of 79 people, including Cao Chujuan and Lin Jiafeng, who actually controlled the transaction during the reorganization of Beijing Pengrun Real Estate Holdings Co., Ltd. (hereinafter referred to as Pengrun Holdings Company) by Huang Guangyu's Zhongguancun listed company. Accumulatively bought more than 654.38+004 million shares of Zhongguancun stock, with a turnover of 654.38+032.2 million yuan. As of May 7, 2008, the book income of 79 stock accounts was 306 million yuan.
(3) From July 2007 to May 7, 2008, Du Fu accepted instructions from Huang Guangyu to help manage the account opening, trading and funds of the above 79 stock accounts, and directly or indirectly transmitted trading instructions to Wei Du, Du Fei and Xie Mou (all handled separately), and 79 stock accounts bought more than 654.38+004 billion shares of Zhongguancun.
(4) From July 2007 to May 7, 2008, Xu Zhongmin accepted Huang Guangyu's instructions on fund allocation, and instructed Xu Weiming (handled separately) to borrow someone else's ID card to open a stock account in Guangdong or directly borrow someone else's stock account for 30 times. From August 13 to September 28, 2007, the above stock account bought more than 31660,000 shares of Zhongguancun, with a turnover of 414 million yuan. As of May 7, 2008, the book income of 30 stock accounts was 90,265,438 yuan +0. In the meantime, the defendant Xu Zhongmin deliberately leaked the inside information about the planned reorganization of Zhongguancun listed company to Xiang Huaizhu, the former deputy director of the Economic Crime Investigation Bureau of the Ministry of Public Security (hereinafter referred to as the Economic Investigation Bureau of the Ministry of Public Security) and the head of the Beijing Corps (hereinafter referred to as the Beijing Corps), and his wife Li Shanjuan (both handled separately). From September 2nd to 25th of the same year, Li Shanjuan bought 65438+ in seven installments with her personal stock account.
? Case Progress On March 28, 2008, the CSRC filed an investigation on the abnormal transactions of Sanlian Trading Company;
On April 28, 2008, the CSRC filed an investigation on the abnormal stock trading in Zhongguancun;
5438+065438+20081In the middle and late October, Huang Guangyu was taken away by the Beijing Public Security Bureau for investigation.
From June 5438 to February 2008, Deng Zhan, former deputy director of the Foreign Investment Department of the Ministry of Commerce, was formally arrested, which indirectly involved the case of Huang Guangyu.
On February 23, 65438, Huang Guangyu's wife Du Fu resigned as a director of Gome.
At the end of 2008, Lian Chao, the king of gambling on the high seas, was criminally detained on suspicion of assisting Huang Guangyu in money laundering.
On June 5438+ 10, 2009, Zheng Shaodong, assistant minister of the Ministry of Public Security, and Xiang Huaizhu, deputy director of the Economic Investigation Bureau, were double-regulated on suspicion of Huang Guangyu's case;
In April, 2009, Chen Shaoji, Chairman of Guangdong CPPCC, and Wang Huayuan, Secretary of Zhejiang Discipline Inspection Commission, were investigated on suspicion of Huang Guangyu's case.
In June 2009, Xu Zongheng, the mayor of Shenzhen, was double-detained, which was related to the case of Huang Guangyu.
On April 20 10, the case of Huang Guangyu was heard in Beijing No.2 Intermediate People's Court, and he was charged with illegal business operation, insider trading and bribery.
On 2010 May 18, Huang Guangyu's case was pronounced in the first instance. The court found Huang Guangyu guilty of illegal business operation, insider trading and unit bribery, sentenced him to fixed-term imprisonment of 14 years, fined 600 million yuan and confiscated 200 million yuan of property. Gome was fined 5 million.
On August 30th, 20 10, the original judgment was upheld in the second instance, and he was sentenced to fixed-term imprisonment of 14 years and fined 800 million yuan.
From 20 12 to 10, Huang Guangyu moved to the greenhouse 10 month.
On February 20th, 2065 438+02 06 54 38+02, a civil compensation case of shareholder v. Huang Guangyu for insider trading was pronounced. In the end, the court ruled that the plaintiff lost the case, that is, Huang Guangyu did not need compensation.