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And too superstitious highly educated, the academic equivalent to the capacity,http://www.lionbrandyarnstudio.com/cgi-bin/faq-search.cgi, so that some enterprise managers reduced awareness
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Some people with ulterior motives enterprise Jobs psychological, will disguise themselves as returnees, Ph.D., so that these companies believe that this "high-end talent" can bring profits
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□ very cases
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Newspaper reporter Li Guangming
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January 30, once said that "returnees" status in Bengbu City Huaiyuan County, a business work, "Dr. King" Gold Yushan, found guilty of non-national staff of bribery, contract fraud, was sentenced to imprisonment for 16 years, deprivation of political rights for two years and fined 300,000 yuan.
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Gold Yushan "returnees" Dr. "vest" Not only is faded, its use of corporate Seeking psychological, designed with the money scam has also been exposed. This play under the guise of "returnees" status by "invisible" to the wife in the name of registered companies to manipulate fraud scam worth considering.
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The first pen rebate to one million
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In May 2011, by chance, the legal representative of Anhui silver Glass Machinery Co., Ltd. Rui Zhu Xiaoling introduced to by a friend Jiaoji Tao Jin Yushan, Yushan heard that gold is a study in Japan through Dr., and photovoltaic solar energy sector high-end talent. At this time,http://www.nbpa.ne.gov/mailer.cgi, occupying about 60% of glass machinery market share, the company is planning sharp silver foot in the photovoltaic industry. The next two months, the company and Zhu Xiaoling sharp silver ten times I went to Jiangsu "Careers", co-investment and gold production of solar energy back Yushan negotiations.
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July 2011, signed with the Golden Yushan Zhu Xiaoling, Jiaoji Tao 3 cooperation agreement to set up Anhui Hao Rui Solar New Energy Technology Co., Ltd., the registered capital of 10 million yuan. Chairman Zhu Xiaoling, accounting for 48% of the shares; gold Yushan general manager, accounting for 40% of the shares; Jiaoji Tao accounted for 12% of the shares.
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Hao Rui company employee said, very proud of Kim Yu-shan, chairman of the board in addition to not work with anyone to discuss with the chairman said, also are inscrutable, are looking up the "returnees" Doctor at the start of his nature proposal will toe. The formation of the month in the company, Kim Yu-shan told Zhu Xiaoling, he has a good buy and Rommel contact coater equipment, and with Zhu Xiaoling go Rommel inspected the company. July 15, Hao Rui company and Rommel signed purchase two coaters and related equipment, with a total value of 7.9 million yuan.
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This is the first pen Yushan led by gold business, from which he received kickbacks Rommel company 1 million yuan.
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According to company executives Dongmou Rommel's testimony, he said: Gold Yushan old boss Zhu Xiaoling speak do not know the industry, he was a great influence on Zhu Xiaoling, and at the dominant position,http://xingshicl.cn/news/html/?115501.html, do not give him one million yuan to do business. Gold Yushan require every purchase of a device must give him 500,http://www.luodai.gov.cn/forum.php?mod=viewthread&tid=27456,000 yuan in kickbacks. As payment for equipment purchase, gold repeatedly bombarded Yushan. "I was anxious reminders, most people in the rebate of 100 million in 2011, October 26 to 28 minutes 20 times within 3 days of the gold Yushan remitted to the account designated."
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The investigating authorities to identify, gold Yushan designated account with his brother Liu identification, in Langfang, China Agricultural Bank branch opened. Agricultural Bank of China branch in Langfang detailed list of individual transactions, the Agricultural Bank of China integrated application system to print a single confirmed: August 8, 2011, in the name of Liu Langfang Branch of Agricultural Bank of China account in the same year, on October 26, 27, 28 Day Rommel company transfers to the account 20 times,Louboutin Botte, each 50,000 yuan, a total of one million yuan; March 6, 2012, which go on the 7th Golden Sun Ai Hua Yushan wife's bank card, the 9th month Ryu The bank account cancellation.
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Gold Yushan counsel made Hao Rui company is still in the preparatory stage, can not be called Jin Yushan staff of the company, does not meet the main elements of non-national staff taking bribes, and does not constitute a non-national staff accepting bribes.
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The court held that the defendant gold Yushan demand, accept one million yuan kickbacks behavior during the preparations for the early Zhu Xiaoling,  and the creation of three people accused Hao Rui company. In the meantime, the defendant is responsible for the preparatory work Yushan Kim Hao Rui company's materials, equipment procurement, consistent with the nature of their work activities, "Supreme People's Court, Supreme People's Procuratorate on the handling of criminal cases of commercial bribery law applicable to the views of a number of issues" concerning "non-permanent of the organization "status of staff, is a non-national staff of bribery provisions" category other units "staff. Therefore, the defendant Jin Yushan eligible subject non-national staff taking bribes, the defense counsel of this opinion can not be established, shall not be accepted.
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According to Hao Rui company, Gold Yushan not only kickbacks in the purchase coater device, whose name he also founded the wife of Sun Ai Hua Tian Suzhou New Energy Material Co., Ltd. Hao Rui company's materials requirements by Tian purchase. The Haotian company sold many times higher than the market price. For example, there is a film, the market price is only 1.4 yuan per square meter, while the company sold Tian Hao Rui is 7.6 yuan per square meter, and requires a one-time purchase of 300,000 square meters. Other materials like glue, also should be higher than the market price of seven times.
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More money for the ring unmasked
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Perhaps because fruitful, gold Yushan bolder. He intended to use Tian Hao Rui company and solar energy back production company signed a technical service contract, circle more money, thus eluded capture, but because of contract fraud became public.
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October 2011, the Company had no gold Yushan knowing Haotian engineering design and integration of design and construction quality, still directs Wuke Song (handled separately) on behalf of the company and Hao Tian Rui signed solar energy back production technology services contract. Contract price 4.2 million contract to provide technical services company Tian Hao Rui company to help build purification plants, laboratories, and production of solar energy back through UL, TUV certification. After assigning Tian Jin Yushan company staff Zhang Fei, Huang Jian Hao Rui company to provide technical guidance, but Zhang Fei, Huang Jian did not provide detailed construction plan, drawings and other information. January 2012,  provide a solar energy back to the English version of TUV Hao Rui company "partial discharge test reports" and a UL solar backplane "ID composition test report," lied to German TUV and UL United States two The accreditation. Hao Rui company to pay the contractual service fee 2.52 million yuan.
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September 2011, Hao Rui company to install clean room construction, machinery and equipment, commissioning. Because Zhang Fei, Huang Jian is no specific standard requirements, resulting in clean room renovation repeatedly dozen times, resulting in a significant impact on production.
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Hao Rui in the company to do product promotion, the customer said certificate is false, Hao Rui company after consulting TUV, UL agency learned Wuke Song to the company is not UL, TUV certification. Bengbu City Bureau of Institute of Translation Translation circumstances relevant information has also confirmed that the English material Wuke Song provided is not UL, TUV certification.
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After investigation, the Suzhou Municipal Housing and Urban Construction Bureau evidence confirmed that the company does not qualify Haotian engineering design and integrated design and construction. According to the confession of the accused Wuke Song: Haotian company's legal representative is Sun Ai Hua, Jin and Sun Yushan Ai Hua is the relationship between husband and wife,http://www.wababy.com/thread-211805-1-1.html, he is the company's sales, the company's business decisions by the gold Yushan. Kim Yu-shan to him in the name of the company and Hao Tian Rui Zhu Xiaoling company signed a technical service contract, he and Kim Yushan profit sharing. He is the person in charge of a specific contract, the company posted to Hao Tian Rui company's technical staff Huang Jian, Zhang Fei no titles.
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Heated debate whether contract fraud
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Trial,http://001.sujiaowuxing.com/read.php?tid=852393&ds=1, the gold Yushan argue that the contract dispute Tian Hao Rui company and between the company and its does not matter. The court held that,Louboutin Mary Jane, according to Wuke Song confession, the defendant required to conceal the identity of gold Yushan Tian company investor relations and gold Yushan, and it refers to a contract with the company on behalf of Tian Hao Rui company signed Zhu Xiaoling and  strangers , but they have proved gold contract is subject to the defendant Yushan arrangement or instigation. Gold is found the defendant should Yushan Tian Hao Rui company and production company signed a technical service contract participants, instigation, so excuse the defendant can not be established, the court shall not be accepted.
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Counsel suggested that the Department of contractual disputes between the shareholders and the staff of the defendant Tian Jin Yushan not the company, Tian Hao Rui company and the company should not be regarded as contract fraud.
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The investigation, although shareholders or staff accused Tian Jin Yushan not the company, but the company is Tian Jin's wife, Sun Ai Hua Yushan one owned investment company, Gold Yushan affiliated with the company and  confession "Kim Yu-shan in The company's decision-making role play ", so it should know the technical service capabilities Haotian company and its staff. Accordance with the contract, "Haotian company responsible purification plant design layout, laboratory layout scheme and fresh air and exhaust ventilation design programs, and sent an expert teacher staff training," but the company and its technical staff Haotian Zhang Fei, Huang Sword no detailed construction plan, drawings and other information, and without the appropriate qualifications, Haotian company does not have the ability to fulfill the plant layout and expert training, the objective can not fulfill its contractual obligations.
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According to the contract, "Tian Hao Rui company is responsible for the company's products through the United States and Germany TUV UL certification authority," but gold and Wuke Song Yushan would TUV "partial discharge test reports", UL's "ID Test Report", posing as a German TUV, American UL certificate two, and lied Hao Rui company's products have passed the international certification authority, indicating that there is a deliberate fraud on the defendant subjectively.
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According to the contract "after certification by the authority to provide one year of service", in fact in the case of Hao Rui company's products are not yet certified by the authority, the defendant gold Yushan and  after obtaining some technical service fee is about Zhang Fei, Huang Sword, who evacuated the defendant does not wish to continue to fulfill the contract subjectively, the objective is no longer to perform the contract.
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The court held that these facts can prove intentional illegal possession of property of others on the defendant subjectively, the objective of signing the contract process, there are fictional facts, concealment of the truth, his acts have characteristics contract fraud crime,Louboutin Mariage, it should be his conviction to contract fraud penalties. Counsel made a contract dispute, the defense is not the opinion of contract fraud can not be established, the court shall not be accepted.
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Therefore, the Huaiyuan County People's Court Judicial Committee discussed and decided: Gold Yushan defendant guilty of non-national staff accepting bribes, sentenced to 7 years; guilty of contract fraud, sentenced to 11 years deprivation of political rights for two years and fined 300,000 yuan. In the end, decided to implement 16 years imprisonment and deprived of political rights for two years and fined 300,000 yuan; the defendant Jin Yushan illegally accepting $ 1 million rebate to be forfeited to the state treasury; the recovery of ill-gotten gains of 2.52 million yuan, the return of victims .
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another defendant guilty of contract fraud, sentenced to 7 years imprisonment and fined 200,000 yuan.
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■ Links
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Only the town Shen Lin's high school home, counterfeit computer Yale University Dr., successfully became a vice president of Beijing Hope Electronic Press. July 19, 2006 morning, Shen Lin town in two years on suspicion of embezzlement of public funds Beijing Hope Electronic Press, 59 million yuan in Beijing's Haidian District People's Court for trial.
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Prosecutor accused, between 2001-2002,Louboutin Souliers Plat, the town forest sink using means soliciting contributions and publishers signing a false contract to pay royalties to the people by soliciting contributions from the financial press to apply the eight par value of 113 million yuan transfer checks , after the adoption of other companies into cash and 54 million yuan for themselves. In addition,http://www.msknet.com/bbs/mbbs.cgi, the town Shen Lin also used false invoices, false statement of expenditure, etc., embezzlement of public funds 5 million yuan publishers.
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□ We say "law" to create a fair and reasonable employer rule is particularly important
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Business cases to desperate, because big business in order to retain top talent. Head returnees, Dr. aura,Louboutin Bottines, will be able to attract the attention of many companies. Some people with ulterior motives that is the use of the enterprise Jobs psychological, will disguise themselves as returnees, Ph.D., who appeared in front of a business manager, so that these companies believe that such "high-end talent", can bring profits and create value. And too superstitious highly educated, the academic equivalent to the capacity, so that some enterprise managers reduced awareness, to "high-end talent" sense of trust; eager pursuit of profit at the same time, the rules were set aside.
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Fraudsters will inevitably be punished by law, deceived corporation, or even more of all enterprises need to rethink employment mechanism. When employers not only to keep their eyes open,http://www.afirmfwc.org/cgi-bin/index.cgi, but also to create a fair and reasonable employment rules.
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Lim Ying Ting
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(Original title: "returnees" Dr. misappropriating fraud Details Disclosure)