Hefei Baohe District People's Procuratorate

Non prosecution decision

Bao Jian Xing Bu Shen [2020] No. 500

Non indictee Yang Moumou, male, born on * * *, 1958, with resident ID card number 4601001958 ************, Han nationality, graduated from junior college, whose domicile is * * Dormitory, * * Neighborhood Committee * * Street, * * Police Station, Xinhua District, Haikou City, Hainan Province. On September 5, 2000, he was arrested with the approval of Hefei People's Procuratorate on suspicion of financial voucher fraud. On June 19, 2019, he was arrested by Hefei Public Security Bureau, which changed him into a guarantor pending trial on August 9, the same year.

This case from Hefei Public Security Bureau When the investigation is concluded, the person who is not prosecuted Yang Suspected Crime of forging financial tickets On March 26, 2020, the case was transferred to Hefei People's Procuratorate for examination and prosecution, and Hefei People's Procuratorate handed over the case to this court on April 3, 2020. During the period of review and prosecution by the Court, the case was returned for supplementary investigation for two times.

Hefei Public Security Bureau Transfer for examination, prosecution and determination On July 2, 1996, "* * Real Estate" signed an unsecured investment contract (actually a loan) of 5 million yuan with the * * Real Estate Service Department of Lu'an Prefecture. The guarantor was * * Company (without pledge guarantee). The contract was not repaid when it expired on January 3, 1997, and "* * Real Estate" proposed to postpone repayment. On January 24, 1997, the three parties re signed and confirmed an investment contract of 5 million yuan, but changed the financing party from "* * Real Estate" to "* * Hui", and * * Company continued to provide guarantee for it. * * Company required the financing party, namely "* * Hui", to provide pledge guarantee. Yang Moumou will issue "* * Real Estate" at the Haikou * * office of Bank of Communications with the amount of 000 * * * (face value 3 million), 000 * * * (face value 1 million) Two certificates of deposit and the underwriting letter of Haikou * * Office of the Bank of Communications pledged to * * Company (no pledge contract). When the loan was due, "* * Hui" could not perform the debt, and the repayment was postponed to January 3, 1998. The loan was still unpaid when it was due. On November 8, 1996, * * Real Estate Co., Ltd. (legal representative: Yang Moumou, the company was jointly invested and established by * * Association of * * Real Estate in Lu'an District and "* * Real Estate", and on April 9, 1997, through negotiation between both parties, the holding of "* * Real Estate" was changed to that of * * Association of * * in Lu'an District) signed a loan contract of 4 million yuan with * * Association of Lu'an District, with the above number of 000 * * The same deposit of 000 * * * * was pledged to * * Associated Press in Lu'an region, and the amount was 4 million yuan. The loan was not repaid when it was due, and the * * Associated Press of Lu'an Prefecture sent someone to the * * office in Haikou, Hainan to withdraw cash. Upon investigation, the true deposit receipts numbered 000 * * * and 000 * * * were cashed at the * * office on December 27, 1996 and May 5, 1997 respectively by * * Real Estate. It is verified that the above two certificates of deposit provided by Mr. Yang to * * Company, the underwriting letter of Haikou * * Office of Bank of Communications and the two certificates of deposit of * * Associated Press in Lu'an District are forged.

After our court's review and second return for supplementary investigation, we still recognize that by The existing evidence is not enough to prove that Yang has forged financial tickets, which does not meet the prosecution conditions. According to China In accordance with the provisions of the fourth paragraph of Article 175 of the Criminal Procedure Law of the People's Republic of China yes Yang No prosecution.

If the victim refuses to accept this decision, he or she may appeal to Hefei People's Procuratorate for public prosecution within seven days after receiving this decision; It may also file a private prosecution directly to the People's Court of Baohe District, Hefei City without appealing.

Hefei Baohe District People's Procuratorate

August 6, 2020