□ Our reporter Fan Tianjiao
Recently, the Intermediate People’s Court of Maanshan City, Anhui Province publicly pronounced a verdict on the case of Yang Jingnong, a member of the former party group, secretary-general and party secretary of the General Office of the Anhui Provincial People’s Government.
In the first instance, the court found that Yang Jingnong illegally accepted other people’s property directly or through a specific related person, amounting to RMB 17,620,353 (of which RMB 5,970,299 was not actually received), HK$ 108,000 and US$ 38,000. He was sentenced to 10 years’ imprisonment for accepting bribes and fined RMB 2 million. The stolen money involved was recovered and turned over to the state treasury.
Participate in the company’s dividends without paying money
From 1993 to 2013, Yang Jingnong successively served as deputy director and director of foreign trade management department of Anhui Foreign Economic and Trade Commission, deputy director of Anhui Provincial Department of Commerce, deputy mayor and mayor of Wuhu Municipal People’s Government.
Among the criminal facts identified by the court, the largest sum occurred during Yang Jingnong’s tenure as mayor of Wuhu. From 2010 to 2013, Yang Jingnong and his good friend Liu (handled separately) took advantage of their position and accepted the entrustment of Huang and others, the actual controller of Wuhu Daobang Real Estate Co., Ltd., to help them in speeding up the demolition progress, resolving land ownership disputes and building civil air defense projects in the shantytown renovation projects undertaken by the company.
These help is not free, but in exchange for participating in "dividends".
As early as October 2010, Huang and others negotiated with Liu in advance, and invested 30 million yuan to register and establish Daobang Company. With the consent of Yang Jingnong, they gave Yang Jingnong and Liu a profit dividend of one-third of the shares of Humanbang Company, and Liu held one-third of the shares on their behalf. On July 25, 2011, Huang and others negotiated with Liu in advance to increase the registered capital of Daobang Company to 85 million yuan, and Liu did not actually contribute, and the equity registration still accounted for 1/3 of the shares.
According to Hwang, they first told Liu about "sending profits", and Liu agreed and would tell Yang Jingnong. Later, they tested Yang Jingnong, and it was clear to Yang Jingnong that when the company was founded, there were 10 million yuan of shares in Liu’s name.
It was found through trial that Yang Jingnong actually received dividends from Daobang Company through Liu, totaling RMB 4.9 million. After the incident, the case-handling organ entrusted Wuhu Price Certification Center through Wuhu Supervision Bureau to certify the profits of the engineering projects undertaken by Daobang Company. The conclusion shows that as of December 31, 2015, the profits of the projects undertaken by Daobang Company were deducted from the management expenses actually incurred in 2016. According to the dividend ratio of one third of the shares, the dividends that Yang Jingnong and Liu have not received are 5,970,299 yuan.
Taking advantage of his position to pay off his brother’s debt of 300 thousand
In addition to friends, Yang Jingnong’s brother was also involved in the case and played an important role, and gained benefits by helping others to bridge the gap.
In the first half of 2006, Yang Jingnong was then the deputy director of Anhui Provincial Department of Commerce. At the request of his brother, he took advantage of his position to help Li, the legal representative of Wuhu Datang Logistics Co., Ltd., in undertaking the cargo transportation of a steel company. Under the care of Yang Jingnong, the business was concluded.
From 2007 to August 2016, Li and his shareholders gave Yang Jingnong’s brother a total of RMB 409,000 in cash for many times. Yang Jingnong knew the fact that his brother had received Li’s cash afterwards, but did not ask his brother to return it or hand it in.
After tasting the sweetness, Yang Jingnong’s brother also greeted Yang Jingnong to help Zheng’s wife, the general manager of Wuhu Huayun Shipping Co., Ltd., transfer her job.
Zheng is not only a trustee, but also a creditor of Yang Jingnong’s brother. Due to the lack of money to buy a house, Yang Jingnong’s brother borrowed 300,000 yuan from Zheng and never returned it. Later, Zheng said that he wanted to help his wife transfer her job through Yang Jingnong, so that she would not have to pay back the money after the job was done.
At the end of 2014, Zheng’s wife’s job transfer was officially completed, and Zheng exempted Yang Jingnong’s brother from the debt of 300,000 yuan. During the Spring Festival in 2015, Yang Jingnong’s brother told Yang Jingnong about the debt cancellation, and Yang Jingnong didn’t ask him to return it or hand it in.
Not only secretly collect villas, but also "borrow" to buy houses.
Whether buying a house, staying in hospital, going abroad, or children studying abroad, there are people who ask someone to send money to Yang Jingnong, or even send the villa directly.
From August 2010 to 2011, Yang Jingnong received a set of Wuhu villa (worth 3,290,192 yuan) from Huang and others through his good friend Liu, as well as 604,295 yuan for house decoration and furniture, with a total value of 3,894,487 yuan. Speaking of the reason for sending a house, Huang said that when he visited Yang Jingnong’s house, he saw that Yang Jingnong’s house was small and wanted to send him a bigger house.
In March 2016, when Yang Jingnong bought a house in Hefei, he also accepted RMB 1.8 million in cash from Wang, the general manager of Shenzhen Renren Medical Development Co., Ltd. in the name of loan. According to Yang Jingnong’s confession, he made a lot of efforts for Wang in the cooperation between the company and two hospitals in Wuhu. Wang promised to thank him and asked his wife to borrow 1.8 million yuan from Wang. Later, in order to prevent the organization from investigating, I asked my wife to make up an iou.
In addition, during Yang Jingnong’s early tenure as Deputy Director and Director of the Foreign Trade Management Office of Anhui Foreign Economic and Trade Commission (Office), he also used his power to allocate textile quotas to satisfy his own desires, accepted the entrustment of the heads of several trading companies, provided assistance in allocating textile export quotas, and received cash ranging from tens of thousands to hundreds of thousands.
The court held that Yang Jingnong, as a national staff member, took advantage of his position to seek benefits for others, and illegally accepted other people’s property alone or in partnership with Liu and others, totaling 17,620,353 yuan (of which 5,970,299 yuan was not actually collected), 108,000 Hong Kong dollars and 38,000 US dollars, which was extremely huge, and his behavior had violated the criminal law and constituted the crime of accepting bribes. Yang Jingnong, as the principal offender, took advantage of his position to seek benefits for the trustee in the joint crime with others, and should be investigated for criminal responsibility according to the total amount of his participation in the crime.
In view of the fact that Yang Jingnong voluntarily confessed the facts of the crime of accepting bribes that the case-handling organ had not yet grasped, which was a plot of surrendering himself. Among the bribes, 5,970,299 yuan was an attempted crime, and the stolen money and goods had been recovered, which was a statutory and discretionary lighter punishment, so the court made a judgment. Yang Jingnong did not say whether to appeal in court.
Cartography/Li Xiaojun