On February 11, 2018, the Jiujiang Intermediate People's Court of Jiangxi Province opened the second trial today to hear the case of the tax evasion of Gongqingcheng Sailong Company. The representative of the legal person of Gongqingcheng Sailong Company appeared on behalf of Xiaoquan as the defendant. After more than an hour of trial, the Duty Judge declared that Gongqingcheng Sailong Company and its legal representative Dai Xiaoquan were acquitted and released in court.
On October 30, 2017, there was a media analyst's article "The founder was bizarrely arrested, and the mystery of the sudden death of Shenzhen Sailong" (hereinafter referred to as "the mystery of the dragon"), elaborated and analyzed a star technology entrepreneurship The enterprise, a star returnee technology entrepreneur, how to be forced to encroach on the company's assets and management control rights by local officials, is in the process of forcibly encroaching on the company's assets and management control rights, leading entrepreneurs to be arrested on behalf of Xiaoquan, and deeply analyzed In the judgment of the court of first instance, Gongqingcheng Sailong Company and Dai Xiaoquan were found guilty of tax evasion.
The above article also restored the whole process of the Gongqingcheng Sailong from the famous noise to the instant degeneration. Study and discuss the business environment and soil problems of local private enterprises and technology entrepreneurs.
On January 24, 2017, Gongqingcheng Procuratorate sued Sailong and its legal representative on behalf of Xiaoquan for the crime of tax evasion of 3.39 million yuan. In the first trial of the Gongqingcheng court in Jiangxi, the main focus of the dispute between the prosecution and the defense was three; 1. Whether the Gongqingcheng Sailong’s 3.39 million tax evasion case was established. 2. What is the taxation of the hidden taxation? 3. Is Cylon an “export enterpriseâ€, is it owed money?
On January 17, 2015, Dai Xiaoquan was directly inserted into the car by several Gongqingcheng police in Shenzhen, and was arrested in different places. The crime was called “executive tax evasionâ€. According to the investment contract and supplementary agreement signed by Sailong and the Gongqingcheng government when the company settled in Gongqingcheng, the senior officials of Sailong were exempted from personal income tax within two years, and the arrest was unfounded. After Dai Xiaoquan was arrested, the crime did not enter the legal prosecution process and was not accepted. What is even more embarrassing is that Dai Xiaoquan did not turn into the detention center, but was transferred to another place to monitor the residence. The compulsory measures that have been monitored and lived from this generation have not been lifted.
Since February 2014, Xiaoquan was illegally detained, and in April of that year, Xiaoquan was forced to sign the company's equity transfer agreement and was released. In January 2015, he was criminally detained on suspicion of personal tax evasion and changed to surveillance on the following day.
Since then, even without evidence of “tax evasionâ€, Dai Xiaoquan has never been free before today, and has been subject to personal restrictions for three years. During this period, Sailong has also been subject to many business restrictions and civil disputes. Constantly.
"The tears came out when the result of this acquittal was pronounced. They really did things according to law." After the trial, Dai Xiaoquan accepted the exclusive interview with the media for the first time.
Dai Xiaoquan told the media that the Jiangxi provincial government attached great importance to this matter. During the investigation, because the cases were complicated, although there were many iterations, the second-instance court did not have negative intervention during the second trial, and all cases were based on facts and evidence.
In the more than one-hour trial this morning, both the prosecution and the defense still have disputes over the Cylon tax credit. The Jiujiang Intermediate People's Court invited the director of the National Tax Import and Export Office of Jiangxi Province as a tax law expert to explain professionally. At the trial, the expert believed that the government’s 120 million yuan that had never been received by the company should be refunded (the media’s previous article on “Sailong Sudden Death†has been reported in detail) and should be included in the tax amount. In this regard, the foundation of the entire acquittal has been laid.
After the article "The Mystery of the Dragon's Sudden Mystery" came out in the media, there were a lot of so-called "reverse" rumors. Some local officials in Gongqingcheng even pointed out that the small power case was caused by triad disputes. The right to use assets to buy a house in Canada, etc., in order to limit the transfer of assets led to tax evasion.
The media also investigated this and found the person who was called "the underworld" at the time. The other party denied that he was a "black society" and said that it was the above-mentioned former official nonsense, and was asked by the above-mentioned former officials to do something. Dai Xiaoquan’s property houses in Canada were purchased many years ago before returning to China for business, and they are still paying loans. Due to the changes and personal freedoms that Dai Xiaoquan has suffered in recent years, his wife’s living expenses and mortgages in Canada are still The students who rely on the small powers spontaneously organize the funding. It is far from rumors.
It is understood that Sailong should enter the bankruptcy liquidation process in the future. In recent years, many corporate civil lawsuits that occurred during the period when Dai Xiaoquan was restricted from personal freedom are still in progress. On behalf of the small power will continue to entrust the lawyer to properly handle.
However, without a criminal case, after being acquitted, Dai Xiaoquan finally rekindled hope for entrepreneurial life. He is already planning his life to continue his business with his own strengths.
"Whenever the family is still the most important." Today's Dai Xiaoquan feels deeper in this sentence. He is grateful to the family and friends for their support. In addition, he also plans his own blueprint.
Dai Xiaoquan told the media that he had been thinking about how to start a business after he had been thinking about it in the detention center. "No guilt is no limit to me. I want to communicate with friends in the investment community. I follow the Belt and Road idea and go to the direction of artificial intelligence and mobile phone products. Take an ODMS platform and integrate the entire industry chain, research and production. Get up and fill in the shortcomings of each company to make platform access. Through design, platform, sales, research and development, continue to cooperate with first-line brands such as Huawei Xiaomi, and use the accumulated resources in the past to help China's excellent products go better along the Belt and Road. ."
Dai Xiaoquan’s defense lawyer, Xie Min, has struggled to calm down. She said that the case from the unfair judgment of the court of first instance to the judgment of the court of second instance, the whole feeling is that the judicial system at the level of Jiangxi Province has done a very good job in respecting objective reality, proper application of law, relaxed judicial environment, and full listening to lawyers' opinions.
"I am very grateful to the Jiangxi Provincial Party Committee, the Provincial Government, the Provincial Political and Legal Committee, the Provincial High Court, the Provincial Procuratorate, the Jiujiang Intermediate People's Court, and the Jiujiang Procuratorate for paying special attention to the case of Dai Xiaoquan and Sailong. Under the supervision and instructions of leaders at all levels, according to law Acting and justly correcting the judgment of the court of first instance. We believe that the judicial environment in Jiangxi Province is a model of the new era. In particular, the Jiujiang Intermediate People's Court handled the case carefully and fairly, and we are very moved and happy that the generation of the right to sin will be re-launched. ."
Xie Min is a very senior criminal lawyer. She has also had many years of experience as a prosecutor. She said that this case is also the last case of her lawyer's career. After two years of running for the case of Cylon and Dai Xiaoquan, I experienced many ups and downs and finally closed the mountain with a satisfactory ending.
"Today's final judgment is not only our victory, but also a great progress in judicial reform since the 19th National Congress. It has also given a model to the whole society." Xie Min finally said.
As the early investor of Dai Xiaoquan in the company, Zhu Jie, the founding partner of the company, said to the media: "This is the best news at the end of the year. I am full of trust and hope for this leadership team!"
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