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Case analysis of the crime of misappropriating funds
201410/5, Chengdu Guoteng Electronics announced that the actual controller of the company, He Mou, was arrested by the procuratorate on suspicion of misappropriating funds. Securities analysts said that it is not a case that major shareholders of listed companies illegally misappropriate funds of listed companies. He holds a stock market value of 320 million. Guoteng Electronics said that the stock trend of the above-mentioned affiliated companies is 6.26+0.020.32% Mindong Power.

The behavior involved has nothing to do with the company, and the company's production and operation are all normal. The company will do a good job in the continuous information disclosure of related matters. Prior to this, he had been put on file for investigation by the public security organs of Yichang City, Hubei Province. On July 6, 2003, 2065438+08, Guoteng Electronics announced that on July 6, 2003, the company learned from the online media that the actual controller of the company, He Mou, was suspected of losing his personal freedom in a major case, and immediately carried out multi-party verification, and learned from Ms. He Mou's family that Ms. He Mou was under investigation by the public security organs of Yichang City, Hubei Province for personal suspicion of illegal business operations.

In this announcement, Guoteng Electronics stated that although it is the actual controller of the company, it has never held any position in the company and its controlling shareholder Chengdu Guoteng Electronics Group Co., Ltd., nor participated in the company's business activities. What is being investigated has nothing to do with the company, and whether it will affect the company's shareholding structure is still uncertain.

On the afternoon of the next day, the Public Security Bureau of Yichang City, Hubei Province issued an official bulletin about He Mou in its official Weibo "Ping An Yichang", saying that on June 30th, 20 13, He Mou, the chairman of Guoteng Industrial Group, was taken criminal compulsory measures by Yichang Public Security Bureau for suspected illegal business operation, and the case was under investigation.

According to public information, he was born in 196 1 year with a bachelor's degree. He is an adjunct professor at the University of Electronic Science and Technology of China and has no permanent overseas residency. He holds 5 1% equity of Guoteng Group, the controlling shareholder of Guoteng Electronics, and is the actual controller of the listed company.

He holds 565,438+0% equity of Guoteng Group, which holds 26.64 million shares of Guoteng Electronics. From this calculation, he holds 65,438+03,586,400 shares of Guoteng Electronics. Based on the closing price of Guoteng Electronics at 23.70 yuan yesterday, the market value of He's stock reached 320 million yuan.

It was once called "beauty rich" by the media.

He was once called "Beauty Rich" by the media. 1994, He Mou, then manager of the investment department of Chengdu Zhongmu Company, took a fancy to the huge market of IC card telephones in China. Soon, he reached an agreement with several technicians of Chengdu Dianzi University, and Chengdu Guoteng Communication Co., Ltd. was established, and invested in the production of the first IC card telephone in China. Approved by the post and telecommunications department, it quickly occupied the national market, and Guoteng became famous in World War I.

1999 He established Sichuan Huawei Information Industry Investment Co., Ltd. and served as the legal representative. In May 2002, Chengdu Guoteng Communication (Group) Co., Ltd. (the predecessor of Guoteng Industry) was established and served as the legal representative. In March 2003, Chengdu Guoteng Microelectronics Co., Ltd. (the predecessor of Guoteng Electronics) was established with an investment of 6,543,800 yuan, and served as the legal representative. 200 1 made the Forbes China Rich List for the first time under the name of He Ran, ranking 82nd, with personal assets of about 70 million US dollars, and has since become a frequent visitor on the Rich List.

Illegal misappropriation of funds is not a case.

Jiang, an analyst at Huaxi Securities, said that among the listed companies in Shanghai and Shenzhen, it is not a case that major shareholders illegally misappropriate the funds of listed companies. In particular, when some listed companies raise funds in IPO, a lot of funds are idle. In the absence of a restraint mechanism, major shareholders are likely to misappropriate the funds of listed companies in violation of regulations. On July, 2065438+2003 1 1, Mindong Electric Power issued the Verification Opinions on Establishing a Special Account for Raised Funds and Making Up for Misappropriation of Raised Funds.

Lawyer Cenlang of Chengdu Zhonghao Law Group said that at present, the specific amount involved in any case is uncertain, and the specific sentencing standard is temporarily difficult to determine. However, if the amount involved is huge, it may be sentenced according to the highest standards. Even if the embezzler returns the misappropriated funds later, it has already constituted a criminal act and will still be investigated. However, when sentencing, it is usually given a lighter punishment as appropriate.