Aowei Communication (002231.SZ) announced on the evening of November 5, the actual controller of the companyShan Chuan was sentenced to 12 years in prison in the first instance for the crime of falsely issuing special value-added tax invoices. According to the announcement, Shan Chuan had not previously held any position in Aowei Communication, nor had he participated in any business decision-making.
It is worth mentioning that shortly after Shan Chuan became the actual controller of Ovi Telecom, his proposal to remove the company’s director caused “infighting” and staged a game between the new owner and the old minister.
The actual controller Shan Chuan was sentenced to 12 years in the first instance
The case that the actual controller of a listed company falsely issued special value-added tax invoices that lasted more than eight months was finally settled. The actual controller of Ovi Telecom, Shan Chuan, was sentenced to 12 years in prison in the first instance.
According to the judgment published by Beijing Court Trial Information Network on October 22, Shan Chuan, as the legal representative of Zhongrun Yabei Industrial Co., Ltd. (hereinafter referred to as Zhongrun Yabei),Falsely issued more than 900 special VAT invoices, involving taxes of 124 million yuan, and illegally obtained more than 3.39 million yuan。
From April to July 2019, Zhongrun Yabei signed a product purchase and sale framework contract with Hangzhou Qinzhuang Metal Material Co., Ltd. (hereinafter referred to as Hangzhou Qinzhuang) to sell alloy electrolytic copper to Hangzhou Qinzhuang. But in fact, the two parties did not produce any purchase and sale of “electrolytic copper”. The contract signed by Shan Chuan and others was a false contract. On December 23, 2019, Shan Chuan and others were seized.
Shan Chuan stated in the court trial that he came to Zhongrun Yabei in October 2018 to supervise the company’s finances and is not the actual controller of Zhongrun Yabei. However, as one of the persons in charge of the alloy electrolytic copper business introduced by Zhongrun Yabei, Shan Chuan is not only responsible for reviewing and signing the contract and other documents, but also connecting part of the business with relevant staff. At the same time, the evidence in the case also proves that Shan Chuan’s focus on this business is how many special VAT invoices can be issued, not how much alloy electrolytic copper is produced.
The court held that Shan Chuan should clearly know that Zhongrun Yabei Alloy’s electrolytic copper business was false and constituted the crime of falsely issuing special value-added tax invoices in accordance with the law. According to the specific circumstances of the case, Shan Chuan was the principal culprit, so he was sentenced to 12 years in prison.
According to industry and commerce information, Zhongrun Yabei was established in 2014 with a registered capital of 100 million yuan and is mainly engaged in jewelry, gold sales and other businesses.
Aowei Communication stated in the announcement that the incident only belongs to Shan Chuan’s personal affairs, has nothing to do with the company, and will not have a significant impact on the company’s production and operation.
Only the actual controller has a “false name” and has “fighted” with the director
According to Aowei Communication’s announcement,Shan Chuan did not hold any positions before, nor did he participate in any business decisions of the company。
In this way, Shan Chuan only has the false name of the actual controller, and his relationship with Ovi Communications is not “close”.
This may be evident from the process of Shanchuan Holdings, a listed company. In 2017, Ruili City Ruili Bay Tourism Development Co., Ltd. (hereinafter referred to as Ruili Bay) transferred the shares of Du Fang and others and became the largest shareholder of Aowei Communication. On March 8, 2019, Weifang Runhong Energy Technology Partnership (Limited Partnership) (hereinafter referred to as Weifang Runhong) again controlled Ruili Bay through the transfer of 51% of Ruili Bay held by Yunnan Jingcheng Group Co., Ltd. Since then, Weifang Runhong’s actual controllers Shan Chuan, Wu Qiong and his wife have changed to the actual controllers of the listed company.Up to now, Shan Chuan and Wu Qiong indirectly hold 23.42% of the shares through Ruili Bay, and they are still the actual controllers of Aowei Communication.。
When Shan Chuan entered Ovi Telecom for three months, “infighting” occurred.
On the afternoon of June 28, 2019, Aowei Communication announced that the company received a letter from shareholder Ruiliwan on June 19th. Ruiliwan stated that it requested the Aowei Communication Board of Directors to convene an extraordinary general meeting of shareholders to consider the “Proposal on Removal of Ms. Li Jifang as Director”. At the same time, Ruiliwan will also request the company to convene an extraordinary general meeting and nominate new director candidates after the company’s general meeting of shareholders passes the motion to remove Li Jifang as a director. Ruiliwan said that anyone who is qualified to nominate a director candidate can nominate a new director candidate for the vacancy caused by Li Jifang’s departure.
This matter has been entangled for many years. From the beginning of the proposal to recall the board of directors, it was not approved by the board of directors. Later, the shareholders’ meeting passed the relevant resolutions, and then the court decided to revoke the relevant shareholders’ meeting resolutions. The matter was not settled until August 2020.
According to the previous report of the “Daily Business News”, Li Jifang is a veteran employee of Alvi Telecom and joined the company in July 2005, even before the company’s listing time (2008). On January 21, 2019, Li Jifang was elected as the company’s director, when Ruiliwan also voted in favor.
Reporter|Yue Qi Reporter|Li Minghui Edit|Sun Zhicheng Du Hengfeng Wang Jiaqi
Proofreading|Lu Xiangyong
｜Daily Economic News nbdnews Original Article｜
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