金龙鱼子公司案“庭审马拉松”，超18亿退赔责任背后的复杂攻防

Core Viewpoint - The case involving the subsidiary of the billion-dollar company Jinlongyu (SZ300999) has drawn significant market attention due to its implications in a fraud case, with the subsidiary being found guilty as an accomplice and ordered to compensate for substantial losses [1][3][5]. Summary by Sections Case Background - The fraud case dates back to 2008, involving three parties: Jinlongyu's subsidiary Yihai (Guangzhou) Grain and Oil Industry Co., Ltd., Yunnan Huijia Import and Export Co., Ltd., and Anhui Huawen International Economic and Trade Co., Ltd. [3][4] - The case centers around a fraudulent scheme where Yunnan Huijia's head bribed officials from Anhui Huawen to alter the transaction model from "payment before delivery" to "delivery before payment," leading to significant financial discrepancies [4][5]. Court Proceedings - The first trial took place from February 27 to March 1, 2024, focusing on the prosecution's evidence and the defense's counterarguments [5][6]. - The second trial on July 3 and 4, 2024, involved intense debates over the validity of the audit report, which was crucial in determining the subsidiary's involvement in the fraud [6][7]. Key Evidence and Arguments - The audit report's compliance and the qualifications of the auditors became central points of contention, with the defense arguing that the report contained inaccuracies and lacked objectivity [6][7]. - The prosecution maintained that the audit report was valid and reflected market trends, asserting that the subsidiary's actions constituted complicity in the fraud [7][8]. Verdict and Reactions - The court ruled that the subsidiary was guilty of contract fraud and ordered it to share the compensation of 1.881 billion yuan with Yunnan Huijia [5][10]. - Jinlongyu's management expressed strong disagreement with the verdict, claiming that the subsidiary had no knowledge of the fraudulent activities and was misled [11][12]. Future Developments - The upcoming appeal is expected to focus on four main issues: subjective intent, the nature of the actions taken by employees, causation of losses, and the classification of the case as a civil dispute or criminal fraud [13].