华夏时报(chinatimes.net.cn)记者王永菲 冉学东 北京报道
China Times.net.cn, journalist Wang Yongfei, Beijing report
持续超过半年时间的中昌数据原董事长、原董事厉群南“涉嫌挪用上市公司资金购买矿机并支付相关托管费”事件近日有了新的进展。
There has been a recent development in the case of the former chairman and former director of Midchang data, who continued for more than six months, “suspected of misappropriation of funds from listed companies for the purchase of mine machines and the payment of associated hosting fees”.
6月3日晚间中昌大数据股份有限公司(下称“中昌数据”)发布公告指出,北京市朝阳区检察院已于6月1日对中昌数据原董事长、原董事厉群南作出批准逮捕的决定。不过,2022年5月14日中昌数据公告曾指出,厉群南尚在境外。
On the evening of 3 June, China Chang Data Co. Ltd. (hereinafter “China Data”) issued a circular stating that the Beijing City Prosecutor's Office had taken a decision on 1 June to authorize the arrest of the former Chairman and former Director of Chuchang Data Junnan. However, China Chang Data Bulletin of 14 May 2022 stated that Nam was outside the country.
挪用公司资金购买服务器,已批捕、免职
diverted company funds to purchase servers and was arrested and dismissed
中昌数据落款为2022年6月6日发布的《第十届监事会第十五次会议决议公告》中,历数厉群南数条影响公司发展的违规行为。
In the Communiqué on the Resolution of the Tenth Meeting of the Committee of Supervisory Ministers, issued on 6 June 2022, China's data fall represents several serious irregularities affecting the company's development.
包括厉群南负责公司运营期间,自行决策将本应用于公司经营的资金挪为他用、违规签署子公司对母公司债务的《担保合同》、涉嫌挪用上市公司资金购买矿机并支付相关托管费并转移公司资金等,并导致公司2021年年度报告被出具无法表示意见从而被实施退市风险警示等多个违规行为。
These include, during the company's operations, its own decision to divert funds that would otherwise have been used for the company's operations, the irregular signing of the Guarantee Contract for the subsidiary's debt to the parent company, the suspected misappropriation of publicly listed company funds for the purchase of mine machines and the payment of related trust fees and the transfer of company funds, among other irregularities, which resulted in the company's annual report for 2021 being issued without an expression of opinion and thus subject to a retreat warning.
《第十届监事会第十五次会议决议公告》指出北京市朝阳区检察院已于2022 年 6 月1 日对厉群南作出批准逮捕的决定,与会有表决权的监事全票通过免去厉群南先生第十届董事会董事职务的提议。
The Communiqué on the Resolution of the Tenth Meeting of the Committee of Supervisory Authorities states that on 1 June 2022, the Beijing Municipal Prosecutor's Office issued a decision authorizing the arrest of Yannan, and that the Ombudsman, who would have the right to vote, adopted a proposal to remove Mr. Sunnan from his position as a member of the Tenth Board of Directors.
公开信息显示,1982年出生的厉群南,曾任中昌数据董事长、总经理、董事以及上海云克网络科技有限公司董事。
According to public information, he was born in 1982 as Chairman, General Manager, Director and Director of Yunk Network Science Ltd. in Shanghai.
事情要从2021年8月厉群南卸任中昌数据董事长说起。彼时中昌数据法定代表人及董事长由厉群南变更为凌云,但是厉群南卸任董事长担任董事之际,未交出公章,后来使用该公章将本该用于公司经营的资金挪为他用,如厉群南涉嫌挪用资金购买矿机及支付托管费、厉群南先生自行决策并支付资金进行对外投资等。
In August 2021, the head of the Executive Committee on China-China data was replaced by the head of the Board of Directors. At the time of the change of the statutory representative and the chairman of the Board of Directors of China-China data from U-China, however, the outgoing chairman of U-China had failed to hand over the stamp, which was then used to divert funds that would have been used for the company’s operations, such as the suspected misappropriation of funds for the purchase of mining machines and the payment of hosting fees, and the decision-making by Mr. Gang-nam to make his own decisions and pay the funds to invest abroad.
2021年11月底,中昌数据调查发现董事、子公司上海云克网络科技有限公司原负责人厉群南在其任职期间涉嫌挪用资金、侵占公司利益,北京市公安局朝阳分局于2021年11月11日出具了《立案告知书》。
At the end of November 2021, the China-Chang data survey found that the director and former head of the subsidiary, Shanghai Yunk Network Science and Technology Ltd., had been suspected of misappropriation of funds and abuse of company interests during his term of office, and on 11 November 2021, the Beijing City Public Security Bureau, Shaoyang Division, issued a notice of case.
时隔半年,2022年5月14日,中昌数据再次发公告表示“厉群南自其因涉嫌挪用公司资金案被刑事立案之后即离开境内,目前尚在境外”,并指出厉群南涉嫌伪造“声明不存在公司董事厉群南先生以非法占有为目的的挪用公司资金的情况”的文件。
Half a year later, on 14 May 2022, China-Chang data again issued a public announcement stating that “Things south has left the country since the criminal case was opened in connection with the alleged misappropriation of company funds and is still outside the country” and pointing to the alleged forgery of documents stating that “there is no case of misappropriation of company funds by the director of the company south for the purpose of illegal possession”.
公开信息显示,中昌大数据股份有限公司原名为中昌海运股份有限公司,成立于1993年,原主营国内沿海及长江中下游港口散货运输、疏浚工程、货物代理等业务。2000年12月上市,2015年进军大数据领域,更名为“中昌大数据股份有限公司”。
According to public information, Chinachang Data Co. Ltd., originally known as Chinachang Shipping Co. Ltd., was established in 1993 to operate as bulk transport, dredging works, cargo agents, etc. along the coast of the country and in the lower and middle ports of the Yangtze River.
所涉比特币矿机纠纷不断
The Bitcoin Miner dispute at
中昌数据的多份公告在谈及厉群南其任职期间涉嫌挪用资金、侵占公司利益的违规行为中,明确指出“厉群南涉嫌挪用资金购买矿机及支付托管费”问题。
Several bulletins in China's data, referring to alleged irregularities during his term of office involving the misappropriation of funds and the misappropriation of company interests, clearly state that “the misappropriation of funds for the purchase of mining machines and the payment of hosting fees”.
至2022年5月14日的中昌数据公告表示,并未盘点到厉群南涉嫌挪用公司资金擅自购买的矿机相关资产;厉群南涉嫌挪用公司资金擅自支付高额托管费,但公司亦未获取相关收益。
According to the China-Chang data bulletin of 14 May 2022, no inventory was taken of mine-related assets that were suspected of being purchased by the company and that were suspected of being used by the company to pay high trust fees without the company receiving the proceeds.
本报记者注意到,从中昌数据2021财年报告公布的厉群南购买比特币矿机的时间,主要集中在2020年12月与2021年1月。
Reporters in the newspaper note that the purchase of Bitcoin machines in the south was announced in the 2021 fiscal year report from China Chang data, mainly in December 2020 and January 2021.
2020年12月曾从上海挖易网络科技有限公司购买了293.5728万元的服务器(比特币矿机);2021年1月,先后4次向成都万有算力科技有限公司(下称“万有算力”)购买服务器(比特币矿机),共支出3000万元。
In December 2020, $2.935.728 million in servers (bitcoin machines) were purchased from Shanghai Digging Network Technology Ltd. and in January 2021, four successive purchases of servers (bitcoin machines) were made to Chengduwan Arithmetic Technology Ltd. (hereinafter referred to as “one million arithmetic”) for a total of $30 million.
图片来源:中昌数据2021年年报披露矿机相关详情
Photo source: China Data 2021 Annual Report discloses details about the miner
不过,值得关注的是,2021年4月与6月万有算力又分别退回300万元与212.361935元。
It is, however, a matter of concern that $3 million and $212,361.35, respectively, were returned in April and June 2021.
整体来看,2020年12月与2021年1月因购买服务器(比特币矿机)而支付的2781.2108.65万元款项。此外,支付矿机托管费2524.339591万元,支付押金49.1693.31万元,全部总额为5354.7197.87万元。
Overall, $278,121.86 million was paid in December 2020 and January 2021 for the purchase of servers (bitcoin machines). In addition, $25,243,395.91 million was paid for the hosting of mine machines and $491.6933 million was paid for the deposit, for a total amount of $53,541,717.87 million.
而关于上述比特币矿机又引发了多个纠纷。2022年1月,中昌数据间接100%持股上海今采网络科技有限公司(下称“上海今采”)向成都市成华区人民法院起诉,请求法院判令解除与万有算力于2021年4月1日签署的《运算技术服务合同》,判令返还合同价款 1929.6500万元。该案件目前处在一审阶段,暂未判决。
In January 2022, China-Chang data indirectly held 100% of the share in Shanghai Today's Network Technology Ltd. (hereinafter Shanghai Today's) filed a complaint with the Chenghua People's Court in Chenghua City, requesting the court to order the dismissal of the Technical Services Contract, signed on 1 April 2021, and to order the return of the contract price of $192,965 million. The case is currently pending in the first instance.
记者注意到,上述披露的购买矿机与托管费用详情表中并未有该案件对应的合同。
The journalists noted that the details of the purchase of mine machines and hosting costs disclosed above did not contain a contract corresponding to the case.
此外,2021年8月,上海碧晟科技有限公司(下称“上海碧晟”)诉讼指出,2021年1月30日,上海碧晟口头委托上海今采以自己名义代为签署前述机器与矿场的托管协议,并以上海今采名义缴纳了部分电费。未料2021年3月,在机器设备价格及设备账户收益大幅度上涨的情况下,上海今采企图将前述机器设备及账户挖矿收入据为己有,于2021年5月13日上午突然篡改313台矿机的收益账户地址,导致上海碧晟对矿机收益账户完全失去控制。目前该案件仍在审理当中。上海今采方面指出,并未获取相关收益账户地址的收益。
In addition, in August 2021, Shanghai Beacon Technology Ltd. (hereinafter “Shanghai Bea Cheong”) filed a lawsuit in which it was stated that on 30 January 2021, Shanghai Bea Chee had verbally entrusted Shanghai with signing the hosting agreement for the aforementioned machines and mines in his own name, and paid part of the electricity bill in the name of Shanghai. In March 2021, in the event of a substantial increase in the price of machine equipment and in the proceeds of the equipment account, Shanghai today attempted to hold the proceeds of the mining of the aforementioned machine equipment and account, and on the morning of 13 May 2021 suddenly altered the account for the proceeds of the 313 mining machines, thereby leaving Shanghai Bea-Shang completely out of control of the mine proceeds account. The case is still under consideration.
对此,本报记者分别向上海碧晟方面与上海今采方面咨询,截至发文,暂未得到回复。
In this regard, the journalist of the newspaper consulted the Shanghai Beacon and Shanghai Today, respectively, and as of the date of the communication, no response has been received.
而至2021年11月3日,韩卫国又向上海市嘉定区人民法院起诉请求确认上海碧晟科技有限公司、上海今采网络科技有限公司在审理的上述案件中涉及的1236台矿机所有权系韩卫国所有,目前该案件在审理当中。
By 3 November 2021, the Korean State had filed a petition with the People's Court of the Kading District of Shanghai for confirmation that the ownership of the 1,236 mining machines involved in the above-mentioned case was owned by the Korean State and was currently under consideration.
中昌数据被纳入失信被执行人名单、实际控制人陈建铭因操纵证券市场案被证监会采取十年证券市场禁入措施以及被上海市公安局取保候审、董事厉群南因其任职期间涉嫌挪用资金侵占公司利益被北京市公安局朝阳分局立案侦查、公司于2022年1月27日披露的2021年度业绩预亏公告显示2021年年度预计亏损4.16亿元到5.04亿元,在业务萎缩,重重压力之下,其前路难料。
China-Chang's data were included in the list of those who lost their trust, Chen Jianmong, who was actually in control of the securities market, was banned from the securities market for 10 years by the CSRC for manipulation of the securities market, and was placed on bail by the Shanghai Public Security Bureau, and the director was investigated by the Beijing Public Security Bureau's Korea-Yang Division for alleged misappropriation of funds during his tenure. The company's 2021 performance forecast announcement of 27 January 2022 revealed a projected annual loss of $416 million to $504 million in 2021.
责任编辑:孟俊莲? 主编:冉学东
Editor of responsibilities: Mon Joon Lian, editor-in-chief: Peng Xiaodong
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