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	<title>sentenced &#8211; Spress</title>
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		<title>Raising funds to defraud 2.1 billion, the former chairman of ZTE&#8217;s labor union was sentenced to 20 years</title>
		<link>https://en.spress.net/raising-funds-to-defraud-2-1-billion-the-former-chairman-of-ztes-labor-union-was-sentenced-to-20-years/</link>
		
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		<pubDate>Sat, 24 Apr 2021 22:20:07 +0000</pubDate>
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		<guid isPermaLink="false">https://en.spress.net/raising-funds-to-defraud-2-1-billion-the-former-chairman-of-ztes-labor-union-was-sentenced-to-20-years/</guid>

					<description><![CDATA[[Text/Observer Net Zhou Yi]The case of He Xuemei, the former chairman of the labor union of ZTE Corporation, was finalized in the case of illegal fund-raising fraud. The criminal ruling of this case was finally made public, which caused heated discussions on the Internet. The amount involved in the case was as high as 2.1 [&#8230;]]]></description>
										<content:encoded><![CDATA[<p><strong>[Text/Observer Net Zhou Yi]The case of He Xuemei, the former chairman of the labor union of ZTE Corporation, was finalized in the case of illegal fund-raising fraud. The criminal ruling of this case was finally made public, which caused heated discussions on the Internet. The amount involved in the case was as high as 2.1 billion, the case involved about 4,000 employees, and He Xuemei had taken 50 sleeping pills before surrendering&#8230; The details of the case are staggering.</strong></p>
<p><span id="more-8020"></span> Skynet recovered, and He Xuemei was finally sentenced to 20 years in prison. She paid the price for her actions.</p>
<p><img fifu-featured="1" decoding="async" src="https://p6.itc.cn/q_70/images03/20210422/1c333348ac1e4466b732afe817062d7b.jpeg" width="530"></p>
<p>Screenshot of China Judging Documents Network</p>
<p>Public information shows that He Xuemei was born in 1970 in Nanshan District, Shenzhen, Guangdong Province. She graduated from the School of Mechanical Engineering of Chongqing University in 1991.</p>
<p>But looking at the first half of life, she is undoubtedly dazzling.</p>
<p>In 1997, He Xuemei joined ZTE Corporation and began serving as the company&#8217;s labor union chairman in 2000. The labor union has two wholly-owned subsidiaries, namely Zhongxing Yihe Company and Yihe Tiancheng Company. He Xuemei serves as the legal representative and chairman of the two companies. In office, she can directly decide to allocate funds from Zhongxing Yihe Company without the consent of any other directors and no board resolution.</p>
<p>The reporter of &#8220;Legal Evening News · View News&#8221; combed in 2017 and found that He Xuemei often puts three labels on herself: public welfare person, outstanding alumni of Chongqing University, and wife who loves her husband deeply. In January of that year, the first batch of scholarships named after her had just been awarded; when she was interviewed again, she talked about the 30 years that she had walked hand in hand with her husband, &#8220;I love his steady and gentle&#8221;.</p>
<p>Such a president with a double harvest of career and family, but failed to write the happiness story to the end.</p>
<p>On July 13, 2017, ZTE announced that due to suspicion of illegal fund-raising and duty-related crimes, He Xuemei, the former chairman of the trade union, had voluntarily surrendered to the public security organs. On August 24, the Shenzhen Municipal People’s Procuratorate issued a notice on its official account, announcing that He Xuemei had been arrested on suspicion of embezzling funds.</p>
<p><img decoding="async" src="https://p2.itc.cn/q_70/images03/20210422/c59419094ba4463e96c649f23d725fda.png" width="530"> </p>
<p> Screenshot of Shenzhen People&#8217;s Procuratorate&#8217;s WeChat Official Account</p>
<p>The publication of the criminal ruling of the second instance of this case officially puts the details of the case in front of the public.</p>
<p><strong> Take advantage of your position to embezzle</strong></p>
<p>Observer.com found that from the beginning of 2015 to March 2017, He Xuemei released information about fundraising through his WeChat official account, &#8220;He Fan Club&#8221;, Yixiu&#8217;s personal Weibo, WeChat group, QQ group, etc., advocating that it has low risk , Investment channels with stable returns. He Xuemei used high returns as bait to raise funds from many victims in 26 phases on the &#8220;ZTE E-Home&#8221; e-commerce platform of Yihe Tiancheng.</p>
<p>Subsequently, He Xuemei used a large number of private accounts to receive and transfer the funds raised, and used the funds raised to<strong> Buy high-risk trust wealth management products</strong> ,<strong> Buy real estate</strong> ,<strong> Buy and sell stocks on the secondary market</strong> ,<strong> Return the embezzled company funds</strong> ,<strong> Repay personal debts</strong> ,<strong> Embezzlement and transfer abroad</strong> Wait. When it was difficult to return the funds raised due to financial loss and transfer of funds, He Xuemei fabricated the financial performance to continue to raise funds, and used the newly raised funds to return the principal and interest of the due funds, staged a &#8220;Ponzi scheme.&#8221;</p>
<p>In addition to committing the crime herself, He Xuemei also instructed the trade union secretary Hu Mou, Yihe Tiancheng Company&#8217;s Vice Minister of Business Services, Wang Mou and others to commit the crime together. When the confession reached this point, He Xuemei said frankly, “They are just my subordinates and do things according to my instructions, and I don’t need to give them any benefits.” A sum of money fell into this way by “borrowing” from others. He Xuemei&#8217;s pocket.</p>
<p>After auditing,<strong> He Xuemei has raised a total of 2.11916570107 billion yuan of funds</strong> ,<strong> 8819 participants</strong> 25580 person-times,<strong> 3921 personnel not returned</strong> The total amount of financial management funds is 89,856,809,607 million yuan. The huge amount of funds and the wide range of personnel involved are shocking. After the incident, ZTE Corporation paid all the outstanding funds in advance.</p>
<p><strong> The incident in the East Window can not escape the law</strong></p>
<p>The fire can&#8217;t be contained in paper, and things will eventually be revealed.</p>
<p>The &#8220;misfortune&#8221; caused Xiaoqiang. The internal audit of ZTE Corporation found He Xuemei&#8217;s footing.</p>
<p>In 2017, during a routine audit of ZTE, it was found that from March 2015 to December 2016, He Xuemei instructed Yihe’s chief financial officer Ji to borrow and invest in the name of Yihe’s board of directors without a resolution. Unauthorized transfers from the company’s public accounts to individuals (including Yihe employees and non-employees), and company accounts that have no business dealings with the company, accumulatively transferred about 399 million yuan.</p>
<p>After investigation, ZTE found that the above-mentioned funds embezzled by Yihe Company had been returned, but the flow of loans and repayment were inconsistent. After an audit interview, Ji, Hu and others all stated that they acted in accordance with He Xuemei&#8217;s instructions. ZTE believed that He Xuemei and Ji had misappropriated Yihe&#8217;s funds.</p>
<p>The audit also found that Yihe’s canteen, &#8220;ZTE E-home&#8221; shopping mall, etc.’s sales revenue, as well as Yihe’s loans, all flowed to accounts actually controlled by He Xuemei. The company believes that He Xuemei is suspected of embezzlement. However, He Xuemei did not cooperate with the company&#8217;s investigation and did not clearly state the above facts and the direction of related funds.</p>
<p>On June 21, ZTE commissioned legal counsel Tang to report the case, accusing He Xuemei and others of embezzling funds and embezzling their positions.</p>
<p>On July 11, the investigating agency filed a case for investigation with &#8220;He Xuemei and others suspected of embezzling funds.&#8221; On the same day,<strong> He Xuemei took 50 tablets of clonazepam (a sleeping pill) by herself and was admitted to the hospital for emergency treatment</strong> .</p>
<p>On July 12, He Xuemei was discharged from the hospital after treatment and returned to the company accompanied by ZTE staff. She expressed willingness to cooperate with the public security agency in the investigation. Later, her accomplices Hu and Wang were arrested and brought to justice.</p>
<p>On August 9, the investigative agency discovered that He Xuemei was involved in fund-raising fraud while investigating the fact that He Xuemei was &#8220;misappropriating funds&#8221;. The case of &#8220;He Xuemei&#8217;s suspected fund-raising fraud&#8221; was opened for investigation.</p>
<p>As if she was stripping away a cocoon, He Xuemei&#8217;s criminal facts were finally uncovered layer by layer. After careful investigation and solemn trial, she also ushered in the final outcome.</p>
<p>&#8220;The defendant, He Xuemei, guilty of fund-raising fraud, was sentenced to 15 years in prison and confiscated RMB 20 million of personal property; for embezzlement of funds, he was sentenced to seven years in prison; for the crime of embezzlement by office, he was sentenced to six years in prison. Combined punishment, a total sentence of 28 years imprisonment, confiscation of personal property of RMB 20 million,<strong> Decided to carry out a 20-year imprisonment and impose a confiscation of 20 million yuan of personal property</strong> . &#8221;</p>
<p>Because of her own private thoughts, the female president who was once in power will spend the next twenty years of her long life with Tie Lao Han Chuang.</p>
<p><strong> This article is an exclusive manuscript from Observer.com and may not be reproduced without authorization.</strong></p>
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		<title>Meituan lost another case and was sentenced to 352,000 yuan in compensation for unfair competition; many Internet giants responded to strengthen compliance</title>
		<link>https://en.spress.net/meituan-lost-another-case-and-was-sentenced-to-352000-yuan-in-compensation-for-unfair-competition-many-internet-giants-responded-to-strengthen-compliance/</link>
		
		<dc:creator><![CDATA[editor]]></dc:creator>
		<pubDate>Sun, 18 Apr 2021 01:06:07 +0000</pubDate>
				<category><![CDATA[Tech]]></category>
		<category><![CDATA[case]]></category>
		<category><![CDATA[Compensation]]></category>
		<category><![CDATA[Competition]]></category>
		<category><![CDATA[Compliance]]></category>
		<category><![CDATA[giants]]></category>
		<category><![CDATA[internet]]></category>
		<category><![CDATA[lost]]></category>
		<category><![CDATA[Meituan]]></category>
		<category><![CDATA[responded]]></category>
		<category><![CDATA[sentenced]]></category>
		<category><![CDATA[strengthen]]></category>
		<category><![CDATA[unfair]]></category>
		<category><![CDATA[yuan]]></category>
		<guid isPermaLink="false">https://en.spress.net/meituan-lost-another-case-and-was-sentenced-to-352000-yuan-in-compensation-for-unfair-competition-many-internet-giants-responded-to-strengthen-compliance/</guid>

					<description><![CDATA[Figure: Figure Worm Recently, the Huai’an Intermediate People’s Court of Jiangsu Province issued a judgment on Meituan’s unfair competition. This case is the first application of Article 12 of the &#8220;People’s Republic of China Anti-Unfair Competition Law&#8221; that came into effect on January 1, 2018. Infringement cases of unfair competition in the takeaway field. The [&#8230;]]]></description>
										<content:encoded><![CDATA[<p><img fifu-featured="1" decoding="async" class="content-picture" src="https://inews.gtimg.com/newsapp_bt/0/12984786575/1000"> </p>
<p> Figure: Figure Worm Recently, the Huai’an Intermediate People’s Court of Jiangsu Province issued a judgment on Meituan’s unfair competition. This case is the first application of Article 12 of the &#8220;People’s Republic of China Anti-Unfair Competition Law&#8221; that came into effect on January 1, 2018. Infringement cases of unfair competition in the takeaway field. The civil judgment shows that Beijing Sankuai Technology Co., Ltd. (Meituan) will pay 352,000 yuan to Shanghai Lazas Information Technology Co., Ltd. (Hungry?). This is also the first time that the new anti-French Internet article has been applied to the food delivery area. <strong> Repeatedly fined</strong> This is the second time Meituan has lost a lawsuit in the food delivery field because it forced its merchants to choose one of the two. Before this year, Meituan was also punished many times. In February of this year, the Intermediate People&#8217;s Court of Jinhua City, Zhejiang Province ruled against Zhejiang Jinhua Meituan&#8217;s practice of requiring some merchants to enter into exclusive transactions with them. The judgment showed that the unfair competition conducted by Beijing Sankuai Technology Co., Ltd. Jinhua Branch harmed the legitimate rights and interests of Lazas Company (Ele.), and should bear civil liability and compensate Shanghai Lazas Information Technology Co., Ltd. 100 Ten thousand yuan economic loss. In June 2017, the Market Supervision Bureau of Jinhua City, Zhejiang Province imposed penalties on Meituan’s illegal activities such as restricting competition, and fined a total of 526,000 yuan. Because Meituan took advantage of its dominant position in the local area, it forced the merchants to sign a &#8220;commitment letter of cooperation&#8221; and required the signing of an exclusive agreement, otherwise it would increase the rate or even close the store. In May 2018, the Market Supervision Bureau of Qingjiangpu District, Huai&#8217;an City, Jiangsu Province raised rates, set a break, set unreasonable conditions, etc. for some merchants operating on Meituan and Ele.me food delivery platforms at the same time for Meituan Takeaway. The act of forcing merchants to remove Ele.me food delivery platform stores was determined to constitute an act of unfair competition, and Meituan was fined 70,000 yuan in accordance with the law. In March 2019, due to alleged misleading and deceit, forcing users to modify, close, and uninstall network products or services legally provided by other operators, the Market Supervision and Administration Bureau of Tongjiang County, Bazhong City, Sichuan Province forced merchants to choose Meituan Takeaway as a &#8220;second choice&#8221; 1. The party concerned shall be punished with a fine of up to 250,000 yuan and “ordered to stop illegal activities”. <strong> Are you hungry, &#8220;choose one of two&#8221; fined</strong> Not only Meituan, Ele.me was also punished for being forced to &#8220;choose one of two&#8221;. On April 7, Wenzhou Intermediate People’s Court ruled that Ele.me asked merchants to close Meituan’s takeaways and forced the merchants to sign an exclusive cooperation agreement with Ele.me’s platform. After being rejected by the merchants, they logged in to the merchant’s account and closed it on the Ele.me platform. Shop. The court held that the subjective maliciousness of Ele.me’s unfair competition behavior was obvious, which harmed the commercial interests of merchants, severely restricted consumers’ right to choose, and severely hindered and undermined the legally provided services by Meituan Waimai and other food delivery platform operators. The normal operation of the network service ordered Ele.me to compensate Meituan for the economic losses of the takeout. <strong> Strictly control unfair competition</strong> With the intensification of unfair competition behaviors such as &#8220;choose one out of two&#8221;, the supervision of relevant state departments has gradually tightened and improved. On November 10, 2020, on the eve of the e-commerce “Double Eleven” promotion, the State Administration for Market Regulation issued the &#8220;Anti-Monopoly Guidelines on the Platform Economy (Draft for Comment)&#8221; for the first time clearly defined the &#8220;choice of two&#8221; as Abuse of market dominance, constitute a restricted transaction behavior. On February 7 this year, the Anti-Monopoly Commission of the State Council formally issued and implemented the &#8220;Guidelines for Anti-Monopoly in the Platform Economy Field&#8221; to prevent and stop monopolistic activities in the platform economy, clarifying that &#8220;choosing one of the two&#8221; may constitute an abuse of market dominance to restrict transactions. . Not long ago, the State Administration of Market Supervision imposed an administrative penalty on Alibaba’s &#8220;choice of two&#8221; monopolistic behavior, ordering Alibaba Group to stop its illegal activities and imposing a fine of 4% of its domestic sales of 455.712 billion yuan in 2019, totaling 182.28. 100 million yuan. It is worth mentioning that yesterday (April 13), the State Administration for Market Regulation, together with the Central Cyberspace Administration of China and the State Administration of Taxation, held an Internet platform enterprise administrative guidance meeting and pointed out that the forced implementation of the &#8220;two alternatives&#8221; issue is particularly prominent, and it is the capital of the platform economy. A prominent reflection of willful and disorderly expansion is a flagrant trampling and destruction of the market competition order. The forced implementation of &#8220;choose one&#8221; behavior restricts market competition, curbs innovation and development, and harms the interests of operators and consumers on the platform. It is extremely harmful and must be resolutely cured. In response, Meituan issued a letter of undertaking to operate in compliance with laws and regulations, stating that it respects the right of independent choice by operators on the platform, does not use unreasonable restrictions and other measures to force merchants to &#8220;choose one of two&#8221;, and does not use technical means to implement monopoly agreements and abuse the market. Dominant behavior eliminates and restricts market competition, and fulfills the obligation to declare concentration of business operators in accordance with the law. Do not carry out unfair competition, price violations, and publishing illegal advertisements, and support the supervision and law enforcement work of market supervision departments, and accept social supervision. Once clues of illegal activities are found, report them to the regulatory authorities in a timely manner and actively cooperate with the investigation and handling. Baidu, JD, ByteDance, Meituan &#8220;Yes&#8221; to strengthen compliance management After the State Administration of Market Supervision, the Central Cyberspace Administration of China, and the State Administration of Taxation held an administrative guidance meeting for Internet platform companies, on April 14, Internet platform giants and upstarts such as Baidu, JD.com, and Bytedance issued the &#8220;Operation Commitment in Compliance with Laws&#8221;. Among them, antitrust, personal information protection, and intellectual property protection have become the focus of compliance. This is just the beginning. From April 14th, for three consecutive days, the State Administration of Market Supervision will collectively announce the &#8220;Operation Commitments in Compliance with Laws and Regulations&#8221; of 34 Internet platform companies participating in the conference. <strong> Antitrust and personal information protection become the focus of compliance</strong> The companies that announced the &#8220;Operation Commitment in Compliance with Laws&#8221; include Baidu, JD.com, Meituan, Qihoo 360, Weidian, Sina Weibo, ByteDance, Dingdong Maicai, Pinduoduo, Xiaohongshu, Suning.com , Vipshop. There are both e-commerce platforms and content platforms. These platform companies promise to strictly abide by laws and regulations, implement platform legal responsibilities, further improve the platform compliance system, strengthen compliance training for corporate employees, and strengthen daily operation self-inspection. Sorting out the commitments of the above-mentioned companies, antitrust, personal information protection and intellectual property protection have become the focus of compliance for platform companies. <strong> &#8220;Choose one of the two&#8221; has become a high-frequency word.</strong> JD.com promises that it will not implement “choose one of the two”, not abuse its dominant market position, not implement monopoly agreements, not illegally implement operator concentration, not implement unfair competition, and not implement unfair price behavior; Meituan says it respects operations on the platform The owner has the right to choose independently, and does not force merchants to &#8220;choose one of the two&#8221; through unreasonable restrictions and other measures. Yesterday&#8217;s meeting of the three departments focused on the forced implementation of the &#8220;two alternatives&#8221; issue, saying that this issue is particularly prominent. The meeting stated that the forced implementation of &#8220;choice of two&#8221; is a prominent reflection of the willful and disorderly expansion of capital in the field of platform economy, and it is a blatant trampling and destruction of the order of market competition. The forced implementation of &#8220;choose one&#8221; behavior restricts market competition, curbs innovation and development, and harms the interests of operators and consumers on the platform. It is extremely harmful and must be resolutely eradicated. <strong> The protection of personal information is also a key content of the major platforms&#8217; commitments.</strong> Yesterday&#8217;s meeting pointed out the problem of platform enterprise information leakage and said that &#8220;it must be rectified seriously.&#8221; Like ByteDance promises, no illegal collection and misuse of personal information. On the premise of ensuring that users are informed, collect and use user information in accordance with the law in accordance with the principle of &#8220;least necessary&#8221;. Xiaohongshu stated that it does not illegally collect or misuse personal information, and follows the principles of justification, safety, and legal use. <strong> Algorithmic discrimination is still worthy of vigilance</strong> In addition to the common &#8220;key points&#8221; mentioned above, the commitments of some companies are also worthy of attention. Like the 360 ​​promise, we insist on objectively and neutrally setting search and sorting algorithms. Suning also stated that it does not engage in substantively coordinated behaviors through data, algorithms, platform rules, or other means, which will undermine the fair competition environment in the market. The use of operations such as setting search and sorting algorithms for platform self-treatment has a certain degree of concealment. Experts have pointed out that the sorting strategy will be a very mainstream behavior of platform self-treatment. In the Internet era, platforms must not only build user stickiness, but also acquire user traffic. Information screening and presentation are the core means to increase user stickiness and gain user traffic. Liu Xiaochun, executive director of the Internet Rule of Law Research Center of the University of Chinese Academy of Social Sciences, said that almost all services, not only search engines, have problems with ranking strategies. The ranking strategy is likely to determine the competitiveness of operators in the platform ecology. Deng Zhisong, a senior partner of Dacheng Law Firm, told the 21st Century Business Herald that technology and algorithms are the core competitiveness of the networking platform. Internet platform-related competitions are generally conducted through technology and algorithms, and there are many suspected monopolistic behaviors that the public is familiar with, including &#8220;choice of two&#8221;, &#8220;big data to kill familiarity&#8221;, &#8220;algorithm collusion&#8221; and so on. Yesterday the three-department meeting put forward the &#8220;five strict preventions&#8221;, including strict prevention of technology stifling, strict prevention of rule and algorithm abuse, and strict prevention of system closure. Among the companies announced this time, apart from the algorithmic discrimination issue clearly raised by 360 and Suning, other companies did not express their views on this. <strong> Emphasize platform self-regulation and establish a compliance system</strong> To a certain extent, the commitments of some companies have also responded to the focus of public attention. Pinduoduo, which was previously regarded as &#8220;barbaric growth&#8221;, promised to strictly regulate the behaviors of operators on the platform that do not obtain relevant administrative licenses to engage in business activities, consumption fraud, fraudulent transactions, false propaganda, etc. Strengthen the control of counterfeit and shoddy goods, implement food safety guarantee obligations, and protect the personal and property safety of the people. Sina Weibo promises to ensure that platform information is legal and compliant, and resolutely not allow the Weibo platform to become a platform for disseminating illegal marketing information and harmful information. The Internet era has brought many new social propositions. Since last year, the &#8220;digital divide for the elderly&#8221; has attracted widespread attention from the society. Baidu’s letter of undertaking stated that it will further promote the protection of the rights and interests of netizens, paying particular attention to the protection of the elderly and minors, and enhance the protection of netizens’ rights and interests. According to the requirements, all Internet platform companies will conduct a comprehensive self-inspection and self-examination within one month, and complete rectifications one by one. He Yuan believes that this reflects a change in law enforcement and supervision thinking, which is no longer just a national mandatory regulation, but also emphasizes platform self-regulation and establishment of a compliance system to form a comprehensive governance. &#8220;It is not to put all the responsibilities in the hands of the regulators, but to put pressure on companies to also comply with regulations and urge them to improve their corporate governance structure.&#8221; He analyzed that the current law enforcement logic sets a red line for the government, and the platform does a good job of self-discipline and builds a compliance system. The government takes regulatory measures afterwards. Once the regulatory red line is violated, it will initiate national compulsory regulation, such as high fines. , To form a deterrent to platform companies. Source: Associated Press Choi, titanium media, 21st Century Business Herald (Author: Wang Jun, etc.)</p>
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