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又一上市大医企,原实控人、财务总监双双判刑...
Xin Lang Cai Jing· 2025-12-24 10:32
Core Viewpoint - Yunnan Biovalley Pharmaceutical Co., Ltd. (referred to as "Biovalley") announced that the Yunnan Provincial High People's Court has made a final ruling regarding the original actual controller Lin Yanhua and former financial director He Yuan, sentencing Lin to three years in prison and a fine of 5 million yuan, while He was sentenced to one and a half years in prison and a fine of 2 million yuan for the crime of breaching trust and harming the interests of the listed company [1][16][30] Group 1: Legal Proceedings and Sentencing - Lin Yanhua, the original actual controller and chairman of Biovalley, and He Yuan, the former financial director, were found guilty of breaching trust and harming the interests of the company [7][21] - The court ruled that Lin Yanhua was sentenced to three years in prison and fined 5 million yuan, while He Yuan received a sentence of one and a half years and a fine of 2 million yuan [7][21] - The court also ordered the return of 62 million yuan that was frozen and misappropriated funds to be returned to Biovalley [7][21] Group 2: Financial Misconduct Details - From August 27, 2021, to March 11, 2022, Lin Yanhua arranged for He Yuan to violate financial management regulations, misappropriating company funds for non-operational purposes [6][19] - The misappropriated funds were transferred to Yinfengtai Fund Management Co., Ltd. and Guoshen Financing Leasing (Yunnan) Co., Ltd., and were used to support the daily operations and debt repayment of the company controlled by Lin Yanhua, Shenzhen Jinshajiang Investment Co., Ltd. [6][19] - The total amount of misappropriated funds was reported to be 62 million yuan, which has been frozen by law enforcement [6][19] Group 3: Company Impact and Response - The criminal ruling is not expected to have a significant impact on the company's production and operations [9][23] - Upon receiving the frozen 62 million yuan, the company will conduct appropriate accounting treatment as per accounting standards [9][23] - Biovalley has engaged a law firm to pursue legal action against related parties to recover the principal and compensate for the losses incurred due to the fund misappropriation [10][23]
北交所首例背信损害上市公司利益案二审落定 生物谷原实控人获刑三年
Zheng Quan Ri Bao Wang· 2025-12-22 13:06
Core Points - Yunnan Biotech Pharmaceutical Co., Ltd. (referred to as "Biotech") announced that the Yunnan Provincial High People's Court upheld the original ruling, sentencing former actual controller Lin Yanhe to three years in prison and a fine of 5 million yuan, while former CFO He Yuan received a sentence of one and a half years and a fine of 2 million yuan [1] - The case involved Lin Yanhe and He Yuan misappropriating company funds for personal financial needs, leading to administrative penalties from the China Securities Regulatory Commission (CSRC) and subsequent criminal charges [1][2] - The CSRC has been actively enforcing strict regulations against financial misconduct, emphasizing the protection of small investors and the integrity of innovative small and medium-sized enterprises [2] Company Overview - Biotech was established in 1999 and focuses on the research, production, and sales of traditional Chinese medicine, specifically the "Dengzhanhua" system [1] - The company transitioned from the New Third Board to the Beijing Stock Exchange in 2021 [1] Legal Proceedings - The case against Lin Yanhe and He Yuan for breaching fiduciary duties was heard in Kunming Intermediate People's Court, resulting in a conviction and financial penalties, with the court ordering the return of misappropriated funds to Biotech [2] - The Yunnan Securities Regulatory Bureau initiated an investigation into the misconduct, leading to significant administrative penalties and a referral for criminal prosecution [1][2]
北交所首例背信损害上市公司利益案二审落定, 生物谷原实控人获刑三年
Core Viewpoint - Yunnan Biological Valley Pharmaceutical Co., Ltd. has faced legal consequences for financial misconduct involving its former actual controller and financial director, highlighting the regulatory environment's strict stance against such violations [2][3]. Company Summary - Yunnan Biological Valley was established in 1999, focusing on the research, production, and sales of traditional Chinese medicine, specifically the "Dengzhanhua" system drugs. The company transitioned from the New Third Board to the Beijing Stock Exchange in 2021 [2]. - The former actual controller, Lin Yanhua, and the former financial director, He Yuan, were found guilty of misappropriating company funds for personal financial needs, leading to their convictions and sentences [2][3]. Regulatory Actions - In May 2022, the Yunnan Securities Regulatory Bureau initiated an investigation into the illegal activities, resulting in administrative penalties of 5 million yuan for Lin Yanhua and 2 million yuan for He Yuan, along with market entry bans [3]. - The case reflects the China Securities Regulatory Commission's commitment to combating financial misconduct and protecting the rights of small investors, emphasizing a zero-tolerance policy towards fund misappropriation [3].