On the evening of March 24, Jilin Sino-Microelectronics Co.Ltd(600360) a Clarification Announcement revealed the dispute between the company and Wang Yufeng, the former legal representative of Shanghai Pengsheng Technology Industry Co., Ltd. (hereinafter referred to as “Shanghai Pengsheng”), the former vice chairman and controlling shareholder of the company. The announcement said that Wang Yufeng blackmailed Shanghai Pengsheng, used online media to spread false information, fabricated financial fraud of listed companies, and threatened the previous and current directors of listed companies.
On March 29, the reporter of Huaxia times exclusively learned that Wang Yufeng had sent a lawyer’s letter to Jilin Sino-Microelectronics Co.Ltd(600360) and copied it to Shanghai Stock Exchange and Jilin provincial securities regulatory bureau at the same time, saying that the above announcement blatantly fabricated facts to slander him and seriously infringed on his right of reputation. He asked Jilin Sino-Microelectronics Co.Ltd(600360) to delete the announcement, make a public apology and compensate Jilin Sino-Microelectronics Co.Ltd(600360) for mental loss of 1 yuan. Otherwise, he would reserve the right to investigate Jilin Sino-Microelectronics Co.Ltd(600360) legal liability through judicial channels.
exposed four crimes
Jilin Sino-Microelectronics Co.Ltd(600360) previously announced that Wang Yufeng was suspected of multiple job encroachments. After being reported by Shanghai Pengsheng, Jilin Sino-Microelectronics Co.Ltd(600360) and chairman Xia Zengwen in their real names, he has been filed for investigation by public security organs in Jilin, Shanghai, Jiangxi and other places, and has been restricted from leaving the country. In the process of investigation by the public security organ, Wang Yufeng used various means to destroy Jilin Sino-Microelectronics Co.Ltd(600360) normal production and operation in an attempt to retaliate against the informant and evade criminal responsibility.
Jilin Sino-Microelectronics Co.Ltd(600360) specifically accused Wang Yufeng of four crimes, as follows:
First, a false civil lawsuit was filed against Shanghai Pengsheng and Zeng Tao, the current legal representative of Shanghai Pengsheng, with the intention of interfering with and resisting the normal criminal investigation of the public security organ, and further committing the crime of embezzlement against Shanghai Pengsheng. During this period, he continued to extort money from Shanghai Pengsheng. In the first instance of the case, the Shanghai First Intermediate People’s court rejected all the claims of Wang Yufeng and Chen Zufang; After the second instance of Shanghai Higher People’s court, the final judgment rejected the appeals of Wang Yufeng and Chen Zufang and upheld the original judgment.
This move confused the reputation of the listed company and other media, and caused irreparable losses to the listed company’s reputation and other media.
Third, in order to escape the crime of duty embezzlement, Wang Yufeng transferred and planted the problem of embezzling Shanghai Pengsheng’s huge assets to listed companies, fabricated the financial fraud of listed companies, and constantly falsely accused and discredited listed companies to regulatory authorities in order to deceive regulatory authorities and create obstacles to the normal production and operation of listed companies and future development.
Fourth, since 2015, in addition to continuously planting and fabricating the facts of financial fraud of listed companies, Wang Yufeng has also continued to intimidate, threaten and harass successive and current independent directors, directors and Accountants of audit institutions of listed companies by means of text messages, letters and telephone, which has seriously damaged the normal operation and management order of listed companies.
“fabricated facts and slander”
On March 29, Wang Yufeng told Huaxia times that after communicating with lawyers, a lawyer’s letter had been drafted. However, because others are in Shanghai and the express delivery of the epidemic stopped, the lawyer’s letter has been sent to Jilin Sino-Microelectronics Co.Ltd(600360) , with a copy to Shanghai Stock Exchange and Jilin provincial securities regulatory bureau.
The lawyer wrote that Jilin Sino-Microelectronics Co.Ltd(600360) ‘s Clarification Announcement openly fabricated facts, slandered it, and used a lot of derogatory words. The circumstances are very bad, and may even be suspected of constituting a criminal crime. Statements in the announcement, such as “false civil litigation”, “extortion”, “spreading false information to discredit listed companies”, “crimes of job occupation”, “intimidation, threat and harassment”, “involving multiple criminal crimes and being filed for investigation by local public security organs”, “outlaws” and so on, are aimed at insulting and slandering him.
According to the lawyer’s letter, Jilin Sino-Microelectronics Co.Ltd(600360) in the face of the continuous supervision and inquiry pressure of the regulatory authorities, maliciously fabricating facts and trying to guide the public opinion to transfer the responsibility of allegedly damaging the interests of investors to Wang Yufeng is to take out of context and spread untrue remarks without any factual and legal basis, which has caused serious damage to Wang’s reputation.
Wang Yufeng asked Jilin Sino-Microelectronics Co.Ltd(600360) to delete the announcement, make a public apology, and compensate 1 yuan for mental loss. Otherwise, he will reserve the right to investigate legal responsibility through judicial channels.
According to the announcement, Wang Yufeng served as the legal representative and chairman of Shanghai Pengsheng from June 2005 to November 2014 and Jilin Sino-Microelectronics Co.Ltd(600360) vice chairman from June 2006 to October 2014. In October 2014, he resigned from all positions of Jilin Sino-Microelectronics Co.Ltd(600360) for personal reasons, and resigned from all positions of Shanghai Pengsheng in November of the same year.
Wang Yufeng said his registered residence and business place were in Shanghai, although he served as vice chairman of Jilin Sino-Microelectronics Co.Ltd(600360) , but he did not participate in Jilin Sino-Microelectronics Co.Ltd(600360) daily operation. However, in August 2015, Jilin Sino-Microelectronics Co.Ltd(600360) and Shanghai Pengsheng reported the case to the Public Security Bureau of Jilin City, Jilin Province, where the listed company is located, in the name of “Jilin citizen Wang Yufeng suspected of job occupation”, and the local public security bureau filed the case soon.
Wang Yufeng told the reporter of China times that Jilin Public Security had investigated him since he received the case in August 2015, and the interrogations were all about his operation of Shanghai Pengsheng. It has lasted nearly seven years, but he still hasn’t closed the case or transferred it to the procuratorate. He just sealed up his property and restricted his exit, which is a typical example of using criminal means to intervene in civil disputes. So far, he said he had never seen the case filing decision of public security organs in Shanghai, Jiangxi and other places.
Wang said that he had mastered the detailed clues of the embezzlement of the funds of listed companies by Zeng Tao, the actual controller of Jilin Sino-Microelectronics Co.Ltd(600360) and Xia Zengwen, the chairman of Jilin Sino-Microelectronics Co.Ltd(600360) , and had reported to the CSRC and the Shanghai Stock Exchange in his real name, and received the reply from the Shanghai Stock Exchange. “If Jilin Sino-Microelectronics Co.Ltd(600360) thinks it involves false accusation and slander, they can sue me, but they have never taken action for so many years.” He has sent the real name of the factual materials to the independent directors, directors and Accountants of the company. There is no so-called intimidation, threat and harassment.
causing equity dispute
The contradiction between the two sides stems from the dispute over equity transfer.
According to tianyancha data, Wang Yufeng transferred his 24.53% equity of Shanghai Pengsheng to Zeng Tao on November 29, 2014. Later, after a series of equity transfers, Zeng Tao became the actual controller of Jilin Sino-Microelectronics Co.Ltd(600360) . Because of the equity transfer, Wang Yufeng, Zeng Tao and Xia Zengwen, chairman of Jilin Sino-Microelectronics Co.Ltd(600360) board, fell into protracted litigation.
Wang Yufeng complained that at first, he and Xia Zengwen reached an oral equity transfer agreement to transfer all the equity of Shanghai Pengsheng and its shareholder Tianjin Huahan Yixing Technology Development Co., Ltd. directly and indirectly held by him to Zeng Tao on the basis of actual value. Xia Zengwen later informed Zeng Tao to hold it on his behalf.
However, in the end, he only got part of the transfer money of 30 million, and the net equity value of this part exceeded 150 million.
In January this year, the Shanghai High Court made a second instance judgment on the case and rejected the claims of Wang Yufeng and others due to the lack of evidence of oral equity transfer agreement. “This is the ‘false litigation’ and ‘extortion’ mentioned by Jilin Sino-Microelectronics Co.Ltd(600360) in the announcement.” Wang Yufeng told the Huaxia times that he would still seek justice through judicial remedies.
Jilin Sino-Microelectronics Co.Ltd(600360) denied Zeng Tao’s claim that he held equity for Xia Zengwen, and Xia Zengwen did not reply.
Jilin Sino-Microelectronics Co.Ltd(600360) ‘s registered office and office are in Jilin City, Jilin Province. It landed in the capital market in 2001 and is the first listed company in China’s discrete device industry. It is mainly engaged in the design and R & D, chip manufacturing, packaging, testing, sales and other businesses of power semiconductor devices.
According to the performance express, the company’s revenue in 2021 was 2.21 billion yuan, a year-on-year increase of 28.60%; The net profit was 110 million yuan, a year-on-year increase of 222.17%. For the reasons for performance changes, Jilin Sino-Microelectronics Co.Ltd(600360) said that the market demand for main business was strong, the company optimized product structure and customer structure, increased sales revenue, increased gross profit and increased net profit compared with the same period of last year.
