He Prosecutor Criminal Prosecution 〔2013〕 No. 47
Defendant WuBaoLiang, male, born on November 15, 1960 in xiaoxian county, anhui province, identity card number 342201196011151213, han ethnicity, Chinese *** party members, university education, the former department of xiaoxian county party committee secretary, the director of the people's congress, has served as xiaoxian county deputy mayor, vice mayor, deputy secretary, county party committee Secretary, county governor, living in suzhou city yongqiao district south guan office xichang south road no. 220 2 building 2 unit 10 room. The defendant no Baoliang suspected of bribery, on September 4, 2012 by the decision of the criminal detention, the same day by the public security bureau of Hefei City, detention, on September 14, 2012 by the Anhui Provincial People's Procuratorate approved the arrest, on September 17, the same year by the public security bureau of Hefei City, the execution of the arrest.
This case was assigned jurisdiction by the Anhui Provincial People's Procuratorate, and the investigation was concluded by the Anti-Corruption Bureau of this court, and the investigating authority transferred the case to this court for examination and prosecution on December 17, 2012, on the suspicion of bribery of the defendant, Bu Bao Liang. After accepting the case, the Court has informed the defendant on the following day of the right to appoint a defender, interrogated the defendant in accordance with the law, listened to the defendant's defense, and examined all the case materials. During this period, the return of supplementary investigation for two times, and according to law to extend the period of examination and prosecution.
In accordance with the law, the examination found that:
2003 to 2012 period, the defendant no Baoliang use of his position as deputy mayor of xiao county, county mayor, deputy secretary of the county party committee, county party committee secretary of the convenience of the engineering projects, land acquisition, demolition and relocation, cadres adjustment for the benefit of others, unlawfully accepting the other person's property,*** totaling 20,389,000 yuan, the U.S. dollar 42,000 yuan, shopping cards, 64,000 yuan, the U.S. dollar, the U.S. dollar, the U.S. dollar, the U.S. dollar and the U.S. dollar. The total amount of 20.389 million yuan, 42,000 U.S. dollars, 64,000 yuan of shopping cards and 35,000 yuan worth of a watch. Specific facts are as follows:
1. 2009 to 2010 period, no Baoliang three times to accept the Xiaoxian individual builder Zhou Changqing and Anhui Anhui Wang Flour Group Co. In August 2008 and the first half of 2009, Wu Baoliang also successively accepted Wu Xiuzi value of RMB 35,000 yuan Omega watch and RMB 50,000 yuan, for the Anhui Anhui Wan Wang Flour Group to declare the national debt project to provide assistance in other matters.
2. 2010 to 2012 period, Xiao County Family Planning Commission director Li Lingcheng in order to have a good relationship with the work can be supported, repeatedly sent to the Wu Baoliang RMB *** count 50,000 yuan (which Li Lingcheng and Wang Zhonghua *** with the same send 20,000 yuan), the Wu Baoliang to be accepted.
3. 2006 to 2011 period, no Baoliang repeatedly received Xiao County Lianhua supermarket general manager Sun Feng RMB *** counting 482,000 yuan, for its enterprises to buy commercial premises, declared the project, the implementation of the project site and other matters to provide assistance.
4. Between 2008 and 2010, Mr. Wu Baoliang repeatedly accepted RMB 440,000 from Mr. Li Jianli, the general manager of Xiaoxian Linping Paper Company, to help him apply for a bank loan and solve the problem of his friend's son's work.
5. 2008 to 2009 period, no Baoliang three times accepted Xiao County Jianyu real estate company legal representative Huang Meizeng RMB *** total 350,000 yuan, for its business development Xiao County Hushan farmers market land and other matters to help.
6. Between 2007 and 2008, Mr. Wu Baoliang repeatedly accepted RMB 338,000 from Xiao County Park Star Real Estate Company, providing assistance in the development of Xiao County Longcheng Town's Xiguan land.
7. Between 2010 and 2011, Wu Baoliang accepted RMB 200,000 and USD 10,000 from Li Ruiyuan, the chairman of Anhui Xinjinfeng Investment Group Co.
8. 2005 to 2009, no Baoliang repeatedly accepted the Suzhou City, spring ditch mining company chairman Ding Hui RMB *** counted 270,000 yuan, for the development of its enterprises, the acquisition of coal mines and other matters to provide assistance.
9. 2007 to 2009, Wu Baoliang repeatedly accepted Xiao County Engineering Construction Company, the fourth branch manager Cheng Peng RMB 250,000 yuan, to help his enterprise contracting projects, back to the project payment and other matters.
10. One day in April 2010, Xiao County Songxin Shoes Company Chairman Cheng Zuwei in order to get support and help in Xiao County investment, sent to Wu Baoliang RMB 200,000 yuan, Wu Baoliang to accept. After the Spring Festival in 2012, the 200,000 yuan will be returned.
11. 2007 to 2012 period, no Baoliang repeatedly accepted Xiao County Yongxing construction company's legal representative Meng Fanshing RMB *** counting 120,000 yuan, 10,000 U.S. dollars, for its enterprises to undertake projects, back to the project payment and other matters to provide assistance.
12. Between 2005 and 2006, Wu Baoliang accepted RMB 170,000 from Zhang Quanxian, the Party Secretary of Huaibei Shenghuo Mining Company in Anhui Province, to help his wife's brother in the development of Chai Shan Coal Mine in Xiaoxian County.
13. Between 2007 and 2008, Mr. Bailiang received RMB 160,000 from Mr. Wang Pingzhu, the manager of Xiaoxian Construction Engineering Company, to help his company to pay for the project.
13. Between 2007 and 2010, Wu Baoliang repeatedly accepted RMB 160,000 from Sun Yuzheng, the chairman of Anhui Golden Corn Agricultural Science and Technology Development Company, to help him with his business development, land license transfer, and land use indicators.
14. 2008 to 2010 period, no Baoliang three times received Xiao County Jinlong real estate company chairman Huang Chuanwu RMB 150,000 yuan ***, for the development of its enterprises in the Century Homeland District demolition of the net land and other matters to help.
15. 2008 to 2011 period, no Baoliang three times received Suzhou City, Jinhuangzhuang Transportation Company Chairman Zhang Shougang RMB 130,000 yuan, for its business development, expropriation of land and other matters to help. 2012 Spring Festival, no Baoliang returned Zhang Shougang RMB 50,000 yuan.
16. 2007 to 2008 period, no Baoliang twice received individual businessman Gao Jinlin RMB *** counted 130,000 yuan, promised to provide help for its civil litigation, development of land and other matters.
17. Between 2008 and 2009, no Baoliang four times received Xiao County Oriental Glass Company Chairman Li Yuzheng RMB 120,000 yuan, for the construction of the enterprise construction and application for loans and other matters to help.
18. 2005 to 2007 period, no Baoliang repeatedly accepted Xiao County Oriental Glass Factory former director Li Xingdong RMB *** counted 120,000 yuan, for the development of its enterprises, the construction of new factory site to provide assistance.
19.2007 to 2009, no Baoliang repeatedly accepted Xiao County Hualong refractory materials company legal representative Li Xiangci RMB *** count 115,000 yuan, for its enterprises to acquire land and relatives work transfer and other matters to help.
20. 2005 to 2006, no Baoliang three times received Xiaoxian Zhonghui coal mining company general manager Wang Bingzhong RMB *** counted 110,000 yuan, for its enterprises to resume production and other matters to help.
21.2008, no Baoliang twice accepted Suzhou Jiangyuan Water Company legal representative Wu Xiu'e and other people RMB *** total of 100,000 yuan, 0.4 million yuan of shopping cards, to provide help for the production of their enterprises.
22. 2010 the day after the Spring Festival, Jiangsu Zhihong logistics company general manager Ma Jian in order to get support and help the development of their businesses, through the Wang Weiqun gave no Baoliang RMB 100,000 yuan, no Baoliang to be accepted.
23.2005, March and April of the day, no Paul Liang received Anhui Longpan company chairman Liu Xiangpan RMB 100,000 yuan, for his business to attract investment to help.
24.2011 the day of January, no Paul Liang received Suzhou City, Qingda Mining Company Chairman Huang Ke 100,000 yuan, for its enterprises to settle the dispute over mining land to provide assistance.
25. Between 2008 and 2009, Mr. Wu Baoliang repeatedly accepted RMB 90,000 from Tang Yi, an individual builder, to help his project in Xiaoxian County.
26. Between 2007 and 2009, Wu Baoliang repeatedly accepted Xiao County Golden Pigeon Noodle Company Chairman Zhang Ci Ping RMB 85,000 yuan, to provide assistance for the development of his business, declare subsidies and other matters.
27.2006 to 2010, no Baoliang repeatedly accepted China Coal Three Construction Group Anhui Anxia real estate company manager Qiao Zhigang RMB *** counting 80,000 yuan, for its enterprises in Xiaoxian County, the development of Fengshan Garden District to provide assistance.
28. 2005 to 2008 period, Huainan City, Kerui Trade Company general manager Wang Kun in order to get care and support for business development, repeatedly sent without Paul Liang RMB *** counting 70,000 yuan, without Paul Liang to be accepted.
29. 2003 to 2011 period, no Baoliang repeatedly received Xiao County Jinguang noodles company manager Wang Qingxi RMB *** count 55,000 yuan, for its back to the project money, business operations, friends work arrangements and other matters to provide help.
▲30.2008 to 2010 period, no Baoliang four times received Xiao County Sports Bureau Director Xing Hua and his wife Xiao County Health Bureau Deputy Director and CDC Director Wang Jianle RMB *** counted 280,000 yuan, for two people's job recovery and adjustment to help.
31. 2008 to 2011, no Baoliang repeatedly received Xiao County Finance Bureau Director Liu Shanan RMB *** totaling 284,000 yuan (of which Liu Shanan and Wang Kui *** with the same gift of 24,000 yuan), 10,000 U.S. dollars, for the development of their work and personal promotion to provide assistance.
32. 2004 to 2011 period, no Baoliang repeatedly received Xiao County Government Office Director Li Ming RMB *** totaling 244,000 yuan, for his work and personal promotion to provide assistance.
33. 2004 to 2011, Wu Baoliang repeatedly accepted Xiao County People's Congress Standing Committee, Director of the Urban Construction and Environmental Resources Commission Hu Yongshu RMB 223,000 yuan ***, for his personal and his relatives to provide assistance in promotion.
34. 2004 to 2012 period, no Baoliang repeatedly received Xiao County Housing and Construction Bureau Director Zhao Hua *** totaling 297,000 yuan (of which Zhao Hua and Wang Weiqun *** with the same send 17,000 yuan), for his work and job adjustment to help.
35.2008 to 2011, no Baoliang repeatedly received Xiao County Public Security Bureau party committee member and traffic police brigade commander Li Hua RMB *** counting 210,000 yuan, for his work and personal promotion to provide assistance.
36. Between 2008 and 2009, Wu Baoliang repeatedly accepted the Minister of the United Front Work Department of Xiaoxian County, Zhu Champion RMB 155,000 yuan, for his work and personal promotion to provide assistance.
37. Between 2003 and 2011, Wu Baoliang repeatedly accepted Xiao County Huangkou Township Party Secretary Cai Hui RMB *** totaling 228,000 yuan (of which Cai Hui and Li Zhongxin *** with the same send 8,000 yuan, and Du Guangyi *** with the same 20,000 yuan, and Yan Jingcai *** with the same 20,000 yuan), to carry out their work and job adjustments to provide assistance.
38. 2005 to 2011 period, no Baoliang repeatedly received Xiao County Investment Promotion Director Zhu Wei RMB *** counting 130,000 yuan, 10,000 U.S. dollars, for its work and job adjustment to provide assistance.
39. During the period from 2003 to 2011, Wu Baoliang repeatedly accepted RMB 180,000 from Li Zhongxin, Party Secretary of Yongzheng Township, Xiao County (of which Li Zhongxin and Yu Deguang*** sent 0.5 million yuan) to help him carry out his work and adjust his position.
40. 2003 to 2011 period, no Baoliang repeatedly received Xiao County Transportation Bureau Director Li Xianglong RMB *** counting 177,000 yuan, for the adjustment of his position and his relatives to build front houses and other matters to help.
41. Between 2007 and 2011, Mr. Wu repeatedly accepted RMB 177,000 from Mr. Ouyang Fei, the director of Xiaoxian Economic Development Zone, to help him carry out his work and adjust his position.
42. Between 2004 and 2010, Mr. Wu repeatedly accepted RMB 173,000 from Mr. Wang Baoping, director of the Xiao County Disabled Persons' Federation, to help him with his work and the restructuring of his work and that of his son.
43. Between 2004 and 2011, Mr. Wu repeatedly accepted RMB 162,000 from Li Lezhong, deputy director of the Finance and Economics Committee of the Xiao County People's Congress, to help him with his work and the adjustment of his position.
44. 2004 to 2011 period, no Baoliang repeatedly accepted Xiao County Wang Zhai town party secretary Xu Chengwei RMB *** counting 161,000 yuan (which Xu Chengwei and Peng Lingchang *** with the same send 0.1 million yuan, and Li Hongquan *** with the same send 25,000 yuan), for his work and job adjustments to provide help.
45. 2006 to 2010, no Baoliang repeatedly received Xiao County Zulou Township Party Secretary Wei Guangxin RMB *** totaling 147,000 yuan, for his work, personal promotion and the handling of health emergencies and other matters to provide assistance.
46. Between 2007 and 2010, Mr. Wu Baoliang repeatedly accepted RMB 130,000 from Mr. Chang Jianjian, Party Secretary of Datun Township, Xiao County, promising to provide assistance in the development of his work and the adjustment of his position.
47. Between 2003 and 2011, Wu Baoliang repeatedly accepted Zhang Yucheng, director of Xiao County Radio and Television Station, for 122,000 yuan (of which 10,000 yuan was sent by Zhang Yucheng and Li Minghua*** and 0.5 million yuan was sent by Wang Bingjie***) to provide assistance in financial allocations for the unit and the purchase of equipment, etc.
48.
48. July and August 2011, the day, no Baoliang accepted the Yongqiao District, Suzhou City, Bianhe police station director Shen Yan 100,000 yuan, to provide assistance for the adjustment of his position.
49. Between 2006 and 2012, Wu Baoliang repeatedly accepted Wang Bingjie, deputy minister of the Organization Department of Xiaoxian County, for 84,000 yuan (of which 0.5 million yuan was sent by Wang Bingjie and Li Minghua***) to provide assistance for his personal promotion.
50. 2004 to 2008, no Baoliang repeatedly accepted Xiao County Science and Technology Bureau of discipline inspection team leader Zhu Zhaohang RMB *** counted 72,000 yuan, shopping card 0.5 million yuan, for his grade adjustment and his father's salary relationship to provide help.
51. Between 2008 and 2012, Wu Baoliang repeatedly accepted Xiao County Public Security Bureau Director Shan Yanfa RMB 70,000 yuan ***, to help him carry out his work.
52. Between 2008 and 2009, Mr. Wu received RMB 70,000 from Mr. Li Zhide, deputy director of the Xiaoxian Housing and Urban Renewal Bureau, to help him with the adjustment of his rank and other matters.
53. Between 2008 and 2011, Mr. Wu repeatedly accepted RMB 70,000 from Mr. Zhu Yaguang, Director of the Agriculture Committee of Xiaoxian County, to help him in his personal promotion.
54. Between 2007 and 2010, Mr. Wu repeatedly accepted RMB 60,000 from Mr. Feng Wenchao, the director of Xiao County's County Organ Affairs Bureau, to help him in his personal promotion.
55.2003 to 2010, Wu Baoliang repeatedly accepted Xiao County Grain Bureau Director Chen Feng *** amounting to 59,000 yuan (of which Chen Feng and Wang Weiqun *** sent 30,000 yuan), for his work and job adjustment to help.
56. 2004 to 2012, no Baoliang repeatedly received Xiao County People's Congress Standing Committee member Zhang Zhongzhong RMB *** count 58,000 yuan, 20,000 yuan of shopping cards, to provide assistance for the adjustment of his position and other matters.
57. Between 2007 and 2010, Mr. Wu received 51,000 RMB*** from Mr. Zhao Xu, the director of Xiaoxian County Safety Supervision Bureau, to help him carry out his work and adjust his position.
58. 2005 to 2011 period, Xiao County Huangzangyu National Forest Park Management Committee Director Zheng Dongfang in order to get on with the good relations, work can be supported, many times to give the lack of Paul Liang RMB *** counting 92,000 yuan, the lack of Paul Liang to be accepted. 2009, the lack of Paul Liang accepted Zheng Dongfang driver Tian Zhen through Zheng Dongfang sent RMB 30,000 yuan, for the Tian Zhen son The work of the arrangement to provide assistance.
59. 2007 to 2011 period, Xiao County Yan set town party secretary Chen Gaofei and other people in order to get on with the good relations, work can be supported, many times to give no Baoliang RMB *** total of 58,000 yuan (of which Chen Gaofei and Wang Shixin *** with 44,000 yuan), no Baoliang to be accepted.
60. 2003 to 2011 period, Xiao County Dulou Township Party Secretary Zheng Yong in order to get on good terms with the work can be supported, many times to give the Wu Baoliang RMB *** count 91,000 yuan (of which Zheng Yong and Ren Qimin *** with the same send 24,000 yuan), Wu Baoliang to accept.
61.2007 to 2011 period, Xiao County Civil Affairs Bureau Jiang Wu in order to get on good terms with the work of the support, repeatedly given to the Wu Baoliang RMB *** totaling 90,000 yuan, the Wu Baoliang to be accepted.
62. Between 2007 and 2011, Xiao County Coal Management Bureau Director Lu Bohua, in order to have a good relationship with the work can be supported, repeatedly sent to the Wu Baoliang RMB 65,000 yuan, Wu Baoliang to accept.
63. 2008 to 2011 period, Xiao County Water Conservancy Bureau Secretary Sun Pu in order to get on with the good relations with the work of the support can be given, repeatedly given to the Wu Baoliang RMB *** count 78,000 yuan (which Sun Pu and Du Shangxun *** with the same send 25,000 yuan), Wu Baoliang to be accepted.
64. 2003 to 2010 period, Xiao County, deputy mayor of Wang Kui in order to get on good terms with the work can be supported, repeatedly sent to the Wu Baoliang RMB *** count 58,000 yuan, the Wu Baoliang to be accepted.
65. 2005 to 2012 period, xiao county political and legal committee secretary Wang Zhonghua in order to have a good relationship with no Paul Liang, work can be supported, many times to give no Paul Liang RMB *** amounted to 106,000 yuan (of which Wang Zhonghua and Jiang Cuiping *** with the same send 0.6 million yuan), no Paul Liang to be accepted.
66. 2003 to 2011, Xiaoxian Forestry Bureau Director Yu Deguang in order to get on with the good relations, work can be supported, many times to give the Wu Baoliang RMB *** 61,000 yuan, Wu Baoliang to be accepted.
67. 2007 to 2011 period, Xiao County official bridge town party secretary Wang Zhiyong in order to have a good relationship with the work can be supported, many times to give the WuBaoLiang RMB *** count 55,000 yuan (which Wang Zhiyong and XiaMao *** with 20,000 yuan), WuBaoLiang to accept.
68. 2007 to 2011 period, Xiao County Zhuangli Township Party Secretary Li Xiangzhen in order to get on with the good relations, work and job adjustments can be supported, many times to give the Wu Baoliang 65,000 yuan RMB *** (which Li Xiangzhen and Zheng Yuhang *** sent 25,000 yuan), Wu Baoliang to accept.
69. 2003 to 2011 period, Xiao County Federation of Trade Unions Chairman Li Minghua in order to get on with the good relations with the work of the support, repeatedly sent to the Wu Bingliang RMB *** total 85,000 yuan, Wu Bingliang to accept.
RMB*** 54,000 yuan, no Baoliang to accept.
70. 2007 to 2011, Xiao County Economic and Information Technology Commission Director Zhang Ping in order to get on good terms with the work and job adjustments can be supported, repeatedly given to the Wu Baoliang RMB *** 62,000 yuan, Wu Baoliang to be accepted.
71. Between 2003 and 2011, Chen Anyuan, the chairman of the Xiao County Political Consultative Conference, gave 57,000 yuan in RMB*** to Mr. Liang several times in order to have a good relationship with Mr. Liang and get support for his work, and Mr. Liang accepted it.
72. Between 2003 and 2011, Wang Anmin, vice chairman of the Xiao County CPPCC, in order to have a good relationship with Mr. Wu Baoliang and get support for his work, gave Mr. Wu Baoliang RMB*** of 66,000 yuan on several occasions (of which Mr. Wang Anmin and Mr. Peng Lincang*** sent 50,000 yuan), and Mr. Wu Baoliang accepted it.
73. 2007 to 2011 period, Xiao County People's Congress deputy director Zhu Yishu in order to get on good terms with the work can be supported, repeatedly sent to the Wu Baoliang RMB *** counting 78,000 yuan (of which Zhu Yishu and Wu Shuping *** sent 65,000 yuan), the Wu Baoliang to be accepted.
74. 2006 to 2010 period, Xiao County Development and Reform Commission Party Secretary Mao Wei in order to get on good terms with the work can be supported, repeatedly sent to the Wu Baoliang RMB 70,000 yuan (of which Mao Wei and Wang Biao *** with 0.5 million yuan), Wu Baoliang to accept.
The evidence of the above facts is as follows:
1. Returned to the case, household registration, office documents, business license, engineering agreement and other documentary evidence; 2. Witnesses Liang Shangmin, Zong Ruiqin, Jiang Lianjie, Wu Xiuzhi, Zhou Changqing and other people's testimony; 3. Defendant Wu Baoliang's confession and defense; 4. Physical evidence of the watch and so on.
The court believes that the defendant no Baoliang as a state employee, using the convenience of his position, illegally accepting other people's property, *** totaling 20.389 million yuan, 42,000 U.S. dollars, shopping card 64,000 yuan, as well as the value of 35,000 yuan watch a piece of, for the benefit of other people, his behavior violated the "Chinese People's *** and the State Criminal Law" Article 383, 380 His behavior violated the provisions of Articles 383, 385 and 386 of the Criminal Law of the People's Republic of China, the facts of the crime were clear, the evidence was sufficient, and he should be held criminally liable for the crime of passive bribery. In accordance with the provisions of Article 172 of the Criminal Procedure Law of the People's Republic of China, a public prosecution is instituted, and please be sentenced according to law.
Hereby
Intermediate People's Court of Hefei City, Anhui Province
Prosecutor: Chen Lan
June 25, 2013
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