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Xu Jiayin, former chairman of China's property developer Evergrande Group, was sentenced to life imprisonment on Thursday for a string of financial and corporate crimes, while the group and its property arm were fined a combined 15.82 billion yuan ($2.35 billion), according to the Shenzhen Intermediate People's Court.
据深圳市中级人民法院消息,中国房地产开发商恒大集团前董事长许家印因多项金融及企业犯罪,于周四被判处无期徒刑;恒大集团及其地产子公司合计被处以158.2亿元人民币(折合23.5亿美元)罚金。
The court sentenced Evergrande Group to fines totaling 8.82 billion yuan for multiple offenses and Evergrande Real Estate Group to a 7 billion yuan fine.
法院对恒大集团数罪并罚,判处罚金共计88.2亿元;对恒大地产集团判处罚金70亿元。
Xu was deprived of political rights for life and had all his personal property confiscated. The court also ordered the continued recovery of illegal gains, with any shortfall to be repaid.
许家印被剥夺政治权利终身,个人全部财产予以没收。法院同时判令继续追缴违法所得,不足部分予以退赔。
According to the court, Xu was the actual controller of Evergrande Group, with overall responsibility for its operations.
法院表示,许家印系恒大集团实际控制人,全面负责集团经营管理。
Between 2016 and 2021, Evergrande Group, Evergrande Real Estate and Xu engaged in sustained, largescale financial fraud, including inflating assets and concealing liabilities, the court said.
法院查明,2016至2021年间,恒大集团、恒大地产及许家印实施持续、大规模金融诈骗,包括虚增资产、隐瞒债务等行为。
The court also found that Evergrande Group and Xu used bribery to gain control over financial institutions and illegally obtained credit and insurance funds for use by the group. Their conduct constituted crimes including corporate bribery, illegal issuing of loans and illegal use of funds.
法院还查明,恒大集团及许家印通过行贿掌控金融机构,非法获取信贷、保险资金供集团使用,其行为构成单位行贿罪、违法发放贷款罪、挪用资金罪等多项罪名。
Xu also abused his position as chairman of Evergrande Real Estate by organizing financial fraud and misappropriating company assets in the form of dividend payments, the court said.
法院称,许家印还利用恒大地产董事长的职务便利,组织实施金融诈骗,并以分红形式侵占公司资产。
The court ruled that Evergrande Group and Xu were guilty of illegally absorbing public deposits, fundraising fraud, illegal granting of loans, fraudulent securities issuance, illegal disclosure of important information and corporate bribery. Xu was additionally convicted of illegal use of funds and occupational embezzlement.
法院判决,恒大集团、许家印犯非法吸收公众存款罪、集资诈骗罪、违法发放贷款罪、欺诈发行证券罪、违规不披露重要信息罪、单位行贿罪;许家印另犯挪用资金罪、职务侵占罪。
Evergrande Real Estate was convicted of fraudulent securities issuance.
恒大地产犯欺诈发行证券罪。
The court said the crimes seriously disrupted the socialist market economic order, infringed upon public and private property rights and undermined the integrity of public officials. It described the amounts involved as exceptionally large, the circumstances as particularly serious and the resulting economic losses and social harm as severe.
法院表示,上述犯罪行为严重破坏社会主义市场经济秩序,侵害公私财产权益,损害公职人员职务廉洁性;案件涉案金额特别巨大,情节特别严重,造成重大经济损失与严重社会危害。
The sentences were handed down based on the facts, nature and circumstances of the crimes and their impact on society, the court said.
法院称,本次判决系结合犯罪事实、犯罪性质、情节以及对社会的危害程度依法作出。
Compensation for victims' losses takes priority over the enforcement of fines and confiscation of property, it added.
法院补充,对被害人的损失退赔优先于罚金、没收财产的执行。
Also on Thursday, the Shenzhen Intermediate People's Court and the Nanshan District People's Court in Shenzhen handed down sentences in related cases involving other Evergrande personnel.
同样在周四,深圳市中级人民法院与深圳市南山区人民法院对恒大集团其他涉案人员的关联案件作出一审宣判。
Fiftysix defendants received prison terms ranging from one year and 10 months to 18 years for offenses including illegally absorbing public deposits, fundraising fraud and illegal use of funds. They were also fined or had property confiscated, while illegal gains will continue to be recovered.
56名被告人因犯非法吸收公众存款罪、集资诈骗罪、挪用资金罪等,被判处1年10个月至18年不等有期徒刑,同时被处以罚金或没收财产,违法所得继续予以追缴。
Xu had been placed under compulsory measures on Sept 28, 2023. His trial was held publicly at the Shenzhen Intermediate People's Court on April 13 and 14 this year. He expressed remorse in his final statement.
许家印于2023年9月28日被采取强制措施;今年4月13日、14日,深圳市中级人民法院对该案公开开庭审理,许家印在最后陈述中当庭认罪悔罪。
confiscate /ˈkɒnfɪskeɪt/没收;充公
liability /ˌlaɪəˈbɪləti/债务;负债;责任
bribery /ˈbraɪbəri/行贿;贿赂
embezzlement /ɪmˈbezlmənt/侵占;挪用公款
fraud /frɔːd/诈骗;欺诈
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