Recently, Tang Jianbin, Ma Lixi lawyers acting on behalf of Sun Moumou suspected of illegal business case achieved significant defense results, this case is a typical case of futures trading in the field of crime. The indictment alleges that the illegal business amount of more than 560 million yuan, Sun's personal illegal gains of more than 15 million yuan. In the end, Sun was sentenced to two years of imprisonment, the alleged illegal income of more than 15 million yuan was not recognized, and a fine of 400,000 yuan. Sun will regain his personal freedom in a little over two months after the verdict is rendered.

Brief description of the case

Sun Moumou is the chairman of a Beijing group limited company, the indictment alleges that the company to promise "real test through the company can become a full-fledged employee" and other conditions as bait, lure candidates to students as a trainee in the identity of a financial platform abroad to deposit foreign exchange margin trading, in order to obtain the commission of the financial platform fee, the financial platform customer The financial platform customers deposited a total of 84.23 million U.S. dollars, equivalent to more than 560 million yuan, Sun Moumou accepted the financial platform to return more than 15 million yuan.

Part of the controversial issues

In the process of handling the case, the two lawyers on the professional issues involved in this case for in-depth study, on the case of the controversial issues have been discussed many times, clarified the facts of the case, to determine the defense of innocence and do not give up the idea of sentencing defense.

Innocence defense: this case involves the financial platform and Sun Moumou's specific behavior is a futures "trading" behavior, August 1, 2022 effective "futures and derivatives law" regulated by the promotion and solicitation of behavior, whether in the "futures trading regulations" in article 6 "related activities Whether the acts of introducing and soliciting are within the scope of "relevant activities" in Article 6 of the Regulations on the Administration of Futures Trading, and whether the acts of acting as an agent of an overseas financial platform and soliciting others to conduct futures trading overseas through such platform are subject to the criminal law in China, and so on. The two lawyers systematically argued the above controversial issues in accordance with the law.

Sentencing defense: this case even if Sun Moumou constitute the crime of illegal business, should also be recognized as an accessory, and it is not appropriate to platform return money is recognized as illegal income, combined with Sun Moumou will be used for all the return money for the company's business personal did not benefit, in the fine on the lighter penalties.

Case results

Although Sun Moumou was not found not guilty, but the court in the amount of illegal income and sentencing to be mitigated punishment, the judgment found that Sun Moumou and others "due to insufficient evidence of the allegations, this case will not be dealt with for the time being", sentenced Sun Moumou to two years of imprisonment and a fine of 400,000 yuan.

According to Article 225 of the Criminal Law [the crime of illegal business operation], the amount of the fine shall be not less than double and not more than five times of the illegal income. The indictment in this case alleged that Sun's illegal proceeds of over 15 million yuan were not recognized by the verdict, based on which Sun did not need to bear the criminal responsibility of returning the illegal proceeds of over 15 million yuan and the fine of over 15 million yuan in this case.