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Chapter 37 Chapter Thirty-Three State Public Prosecution——Li Zhen

The clues involved in Li Zhen's case were filed by the procuratorate, and a total of nearly 50 economic crime cases were investigated and dealt with, involving more than 150 people. There are 46 cadres.Wu Qingwu, former deputy director of the General Office of the Hebei Provincial People's Government, Wang Fuyou, former deputy secretary-general of the Hebei Provincial People's Government, Zhang Erchen, former mayor of Shijiazhuang City, Li Shanlin, former deputy director of the Hebei Provincial Construction Committee, Zhang Mou, former deputy director of the Hebei Provincial Department of Communications, etc. A group of high-ranking officials have fallen into the law.

On June 21, 2002, the Intermediate People's Court of Tangshan City, Hebei Province opened a court session to hear Li Zhen's serious economic crime case. In court, Li Zhen behaved very freely, as if he was sitting in the auditorium. In fact, only he knew At this moment, his heart is so heavy, thinking that he himself was so majestic in the past, but today he has become a prisoner, and he must have infinite regret.He glanced at the family banquet, only his elder brother and sister were present at the banquet, and their faces were clearly disturbed, Li Zhen smiled at them, he thought, fortunately, his sister came, and none of his lovers came, If it were a mother and son, he would not be able to make it through. Even so, his eye circles were red, and tears were rolling in them, but Li Zhen was Li Zhen after all, and he would never allow himself to face so many people in front of him. Weeping in human face.

On June 22, 2002, the first trial, which lasted for one and a half days, came to an end.After verification, Li Zhen, born in 1962, was formerly the director of the State Taxation Bureau of Hebei Province.From 1994 to 1999, when he served as Secretary of the General Office of the Hebei Provincial Government, Deputy Director of the General Office of the Hebei Provincial Party Committee, and Deputy Director and Director of the Hebei Provincial State Taxation Bureau, he took advantage of his position to illegally accept or solicit property from others, totaling more than RMB 8.14 million; Others embezzled the RMB of the Hebei Office of China Eastern Leasing Company, the shares of ZTE Electronics Company and Nivalis Co., Ltd., totaling more than 29.67 million yuan, and Li Zhen got a total of more than 2.7 million yuan of property from them.The Intermediate People's Court of Tangshan City sentenced Li Chen to death for accepting bribes, deprived of political rights for life, and confiscated all personal property, and sentenced Li Zhen to death for corruption with a two-year reprieve, deprived of political rights for life, and confiscated all personal property.It was decided to execute the death penalty, deprive him of political rights for life, and confiscate all personal property.Li Zhen refused to accept it and appealed.Li Zhen and his defenders mainly pointed out that some of the bribery facts determined by the original court did not constitute the crime of accepting bribes, did not constitute an accomplice to corruption, and had performed meritorious service, so they should be given a lighter or mitigated punishment.

During the week before and after the trial of the Li Zhen case, a series of cases related to the Li Zhen case were held in courts in various places in Hebei Province.These cases are: On June 24, 2002, Wu Qingwu, the former deputy director of the provincial government office, was involved in corruption and bribery cases; on June 16, the case of Wang Fuyou, former deputy secretary-general of the provincial government and director of the Provincial Office in Beijing The bribery case of Yang Yiming, the former deputy director of the General Office and the director of the Supervision Office, the bribery case of Zhang Erchen, the former mayor of Shijiazhuang City on June 24, the bribery case of Li Shanlin, the former deputy director of the Provincial Construction Committee, the bribery case of Bo Shaoquan, the former secretary of the Cangzhou Municipal Party Committee, etc.

Wu Qingwu was as difficult as breaking through Li Zhen. In front of the investigators of the special case team, the simple-faced Wu Qingwu pretended to be crazy and foolish and refused to explain any problems.Because, he firmly believed that Li Zhen didn't betray him, and the special case team didn't catch Zhang Tiemeng. Even if Li Zhen confessed something, as long as he insisted that there was nothing, the special case team had nothing to do.In order to subdue Wu Qingwu and obtain direct evidence, the task force specially sent personnel to Ireland, which has no judicial assistance relationship with my country, and got in touch with Zhang Tiemeng, who was doing business there.Inspired by the policy, Zhang Tiemeng confessed the process of committing a crime together with Li Zhen and Wu Qingwu. The fact that Wu Qingwu was involved in major economic crimes was firmly grasped by the task force.Facing the ironclad evidence presented by the task force, Wu Qingwu's psychological defense completely collapsed, and he began to confess the shocking criminal inside story of the embezzlement of huge public funds and the private distribution of state-owned assets that he, Li Zhen, and Zhang Tiemeng jointly committed.His confession is consistent with the confessions of Li Zhen, Zhang Tiemeng and others. So far, the truth of this rare case of privately distributing state-owned assets since the founding of Hebei Province has been revealed to the world.

It is gratifying that in the following time, in order to obtain leniency, Wu Qingwu also voluntarily confessed some criminal facts that the special case team had not yet grasped, which provided conditions for the judiciary to deal with him leniently in the future.According to the investigation by the procuratorate, Wu Qingwu took advantage of his position as Secretary and Deputy Director of the General Office of the Provincial Government to embezzle 18.72 million yuan from the Hebei Provincial Office of Orient Leasing Co., Ltd. and the shares of Qinhuangdao Zhongxing Electronics Co., Ltd. The shares of Sri Lanka Co., Ltd. totaled more than 29.67 million yuan.At the same time, he introduced bribes of 400,000 yuan to state officials; however, considering his meritorious service and voluntary confession of some criminal facts that the judiciary has not yet grasped, he can be given a lighter sentence in accordance with the law. On June 23, 2002, the Intermediate People's Court of Hengshui City, Hebei Province publicly tried Wu Qingwu's embezzlement case and bribery case according to law.Wu Qingwu in court confessed to the criminal facts as testified by the procuratorate and made a deep statement of repentance.In view of Wu Qingwu's ability to actively cooperate with the work of the special case team during the investigation period, voluntarily confessing some criminal facts that the judiciary has not yet grasped, a good attitude of pleading guilty, and meritorious deeds, the procuratorate requested the people's court to give Wu Qingwu a lighter sentence according to the law. . On August 30, 2002, the Intermediate People's Court of Hengshui City sentenced Wu Qingwu to death for corruption and bribery in the first instance, with a two-year term and deprivation of political rights for life.All personal property shall be confiscated.A secretary to the governor who had been nurtured by the party and his parents for many years came to an end like this.

Taking advantage of his position as Deputy Secretary-General of the Hebei Provincial Government and Director of the Provincial Office in Beijing, Wang Fuyou embezzled 5.51 million yuan of public funds alone or with others; accepted bribes of more than 650,000 yuan and 1,800 U.S. dollars; embezzled 3.74 million yuan of public funds.Wang Fuyou and others embezzled a huge amount of public funds and played an important role in the joint crime. However, considering that he did not actually get a share of the stolen money, the Shijiazhuang Intermediate People's Court sentenced Wang Fuyou to life imprisonment for the crime of embezzlement, bribery, and embezzlement of public funds. Political rights for life, and confiscation of all personal property.

Bo Shaoquan took advantage of his position as Secretary of the Cangzhou Municipal Party Committee of Hebei Province to seek benefits for others, and received more than 800,000 Hong Kong dollars and 100,000 U.S. dollars in property from others.The Intermediate People's Court of Zhangjiakou City sentenced him to life imprisonment for accepting bribes, deprivation of political rights for life, and confiscation of all personal property. Yang Yiming took advantage of his position as the deputy director of the General Office of the Hebei Provincial Party Committee and the director of the Supervision Office to seek benefits for others, and successively received or demanded money and materials equivalent to more than 1 million yuan.The Xingtai City Intermediate People's Court sentenced him to 15 years in prison for accepting bribes.Li Shanlin took advantage of his position as the director of the Shijiazhuang Municipal Construction Committee and the deputy director of the Hebei Provincial Construction Committee to seek benefits for others and accepted bribes of more than 1 million yuan and 10,000 Hong Kong dollars.Langfang City Intermediate People's Court sentenced him to 15 years in prison for accepting bribes.

Zhang Erchen took advantage of his position as deputy secretary of the Shijiazhuang Municipal Party Committee and mayor of Shijiazhuang City, Hebei Province, and successively received more than 440,000 yuan of property from others.Funing County People's Court sentenced him to ten years in prison for accepting bribes. Zhang, the former deputy director of the Department of Communications, was sentenced to three years in prison by the Wen'an County Court for accepting bribes. In 1997, during a provincial-level public selection process of deputy department-level cadres, Li Zhen exerted pressure on relevant departments, so that Zhang jumped from a department-level cadre to deputy director of the Provincial Department of Communications.

During his tenure as director of Zhangjiakou Cigarette Factory and manager of Zhangjiakou Tobacco Company, Li Guoting took advantage of his position and violated the provisions of the National Tobacco Monopoly Law to provide convenience for illegal cigarette wholesale business many times, asking for bribes equivalent to more than 7.48 million yuan in RMB.The Shijiazhuang Intermediate People's Court sentenced Li Guoting to death for corruption and bribery in the first instance, with a two-year reprieve and confiscation of all personal property. On the morning of August 30, 2002, the Tangshan Intermediate People's Court made a first-instance verdict on Li Chen's case, and sentenced Li Chen to death for accepting bribes and corruption, deprived of political rights for life, and confiscated all personal property.

The verdict reads as follows: Li Chen's corruption and bribery case (2002) Tang Xing Chu Zi No. 58 Intermediate People's Court of Tangshan City, Hebei Province 2002-08-30 The public prosecution organ is the People's Procuratorate of Tangshan City, Hebei Province. Defendant Li Zhen, male, Han nationality, college graduate, was born on May 29, 1962 in Zhangjiakou City, Hebei Province, and lives at Unit 301, Unit 2, Building 5, Dormitory of the Provincial State Taxation Bureau, Pingan South Street, Shijiazhuang City, Hebei Province.Former director of Hebei Provincial State Taxation Bureau, representative of the Ninth People's Congress of Hebei Province (removed on November 10, 2000).Served as secretary and deputy director of the General Office of the Hebei Provincial Committee of the Communist Party of China, and deputy director of the State Taxation Bureau of Hebei Province.He was arrested on March 30, 2000 on suspicion of accepting bribes.He is currently detained in Ji County Detention Center, Tianjin City. Defenders Wang Xiang and Feng Shu, lawyers of Jiangbei Sanhe Times Law Firm. The People's Procuratorate of Tangshan City, Hebei Province accused defendant Li Zhen of accepting bribes and embezzlement in Indictment No. 28 [2002], and filed a public prosecution with this court on May 27, 2002.In accordance with the designated jurisdiction decision of the Higher People's Court of Hebei Province, this court formed a collegial panel according to law and heard the case in open court.The People's Procuratorate of Tangshan City, Hebei Province appointed deputy chief prosecutor Zhang Chunhe, prosecutors Ding Lisheng and Wang Xiaosong, and deputy prosecutor Kang Hongsong to appear in court to support the prosecution. The defendant Li Zhen and his defenders Wang Xiang and Feng Shu attended the lawsuit.Trial is now over. The public prosecution alleges: 1. Bribery 1. In October 1995, when the defendant Li Zhen was serving as the deputy director of the General Office of the Central Hebei Provincial Party Committee (hereinafter referred to as the General Office of the Provincial Party Committee), he accepted the request of Wang Yuqian, the manager of Jingdu Sanwei Electronics Co., Ltd., and introduced Tangshan The decoration project of the department store was handed over to the Kyoto City Construction Engineering Decoration Company, and Wang Yuxi later gave Li Zhen 150,000 yuan. In August and September 1996, when the defendant Li Zhen was serving as the deputy director of the Hebei Provincial State Taxation Bureau (hereinafter referred to as the Provincial State Taxation Bureau), he accepted the request of Wang Yuqian and handed over the project of the Beidaihe Training Center of the Provincial State Taxation Bureau to Hainan Zhenhai Co., Ltd., which Wang Yuxi contacted. The company undertakes the construction.In December of the same year, Wang Yuqian gave Li Zhen RMB 750,000. In September and October 1997, when the defendant Li Zhen was the director of the Provincial State Taxation Bureau, he accepted the request of Wang Yuqian and handed over the Chengde Training Center project of the Provincial State Taxation Bureau to Hainan Fanhua Engineering Co., Ltd. for construction.Later, Wang Yuqian gave Li Zhen RMB 1.4 million and additional intermediary fees of RMB 300,000 for the Beidaihe training center project, totaling RMB 1.7 million. In December 1998, when the defendant Li Zhen was the director of the Provincial State Taxation Bureau, he accepted the request of Wang Yuxi to hand over the Hengshui City State Taxation Bureau Training Center project to China Shipping Engineering Construction General Administration.In January of the following year, Wang Yuxi gave Li Zhen RMB 450,000. 2. At the beginning of 1994, when defendant Li Zhen was the secretary of the General Office of the Provincial Party Committee, he accepted a request from Mr. Qin to borrow USD 1.72 million for Wang Jie, manager of Guangxi Beihai Tiandu Real Estate Development Company, through Zhang Tiemeng, manager of Hebei Provincial Enterprise Investment Company. On March 26, 1996, Wang Jie gave Li Zhen RMB 500,000 as a thank you. At the beginning of 1996, when defendant Li Zhen served as the deputy director of the Provincial State Taxation Bureau, he accepted the request of Qin and Zeng to hand over the tax data collector project of the taxation system of Hebei Province to Shenzhen Sanglitong Electronics Co., Ltd.In January of the following year, Liu Shaoqi, the manager of the company, gave Li Zhen 1 million yuan through Qin, and Li Zhen used the money to buy a house from Beijing Huatang Real Estate Development Co., Ltd. 3. In December 1994, when the defendant Li Zhen was the deputy director of the General Office of the Provincial Party Committee, Li Guoting, the director of the Zhangjiakou Cigarette Factory, in order to get Li Zhen’s political support and help, paid Li Zhenzhi’s money at the Bailou Hotel in Shijiazhuang City. His wife, Yang, gave $50,000 to Li Zhen for studying abroad. 4. From the beginning of 1994 to the second half of 1998, during his tenure as Secretary and Deputy Director of the General Office of the Provincial Party Committee, Deputy Director and Director of the Provincial State Taxation Bureau, the defendant Li Zhen was contracted by Wang Fuyou, Director of the Beijing Office of the Hebei Provincial Government (handled in another case), and the Commodity Department. Manager Zhao Wei (handled in another case) asked Li Guoting, director of the Zhangjiakou Cigarette Factory, to issue approval slips for Zhao Wei's cigarettes in short supply, so that Zhao Wei could illegally resell them for profit.In order to thank Li Zhen for his help, Zhao Wei successively gave Li Zhen more than 600,000 yuan.Later, Li Zhen was afraid that the crime would be exposed, so he returned RMB 220,000 to Zhao Wei. 5. At the beginning of 1994, when the defendant Li Zhen was the secretary of the General Office of the Provincial Party Committee, he asked Meng Qiao, the manager of Qinhuangdao Zhongxing Electronics Co., Ltd. (handled in another case), to apply for a Great Wall credit card for his use. Li Zhen shared this card and spent RMB 9.9544 ten thousand yuan.Later, Li Zhen returned RMB 100,000 to Meng Qiao in order to prevent the incident from being exposed. 6. In 1994, during his tenure as the Secretary of the General Office of the Provincial Party Committee, the defendant Li Zhen accepted the request of Sun Chun, director of the Gaodian Electric Power Bureau (handled in a separate case), to approach the relevant leaders of the Baoan District Committee, and asked for the promotion of Sun Chun. On January 31, 1997, Li Zhen bought a Japanese-made massage chair worth RMB 39,800 at Scitech Shopping Center in Kyoto City. Sun Chun paid for it and sent the chair to Li Zhen's home in Shijiazhuang City. 7. From the beginning of 1995 to the end of 1996, when the defendant Li Zhen was the deputy director of the General Office of the Provincial Party Committee and the deputy director of the Provincial State Taxation Bureau, he accepted the request of Lu Ying, the president of Jiangbei Ono Group (handled in a separate case), through the Hebei Branch of the Agricultural Bank of China, China The Hebei Branch of the Bank loaned 25 million yuan to Lu Ying.Lu Ying gave Li Zhen RMB 100,000 and applied for a Great Wall credit card for Li Zhen. Li Zhen spent RMB 19,440,550 with this card. 8. In November 1995, during his tenure as deputy director of the General Office of the Provincial Party Committee, the defendant Li Zhen accepted the request of Liu Zhong, manager of Shijiazhuang Half the Sky Health Products Company (handled in another case), and Chen Yang, a Hong Kong businessman, through Shijiazhuang Cooperative Bank and Industrial and Commercial Bank of China. Shijiazhuang Branch provided a loan of RMB 25 million to Half the Sky Health Products Company.Later, Liu Zhong gave Li Zhen $2,700. 9. In June 1996, while the defendant Li Zhen was serving as the deputy director of the Provincial State Taxation Bureau, Xu, the director of the Shenyang Office of the Hebei Provincial Government (handled in a separate case), was transferred to the Provincial State Taxation Bureau through Li Zhen as a full-time deputy secretary of the party committee of the agency. In 1997 In 2010, he was transferred to be the director of Chengde State Taxation Bureau. In the first half of 1998, Xu gave Li Chen US$2,000 at the Qianyang Hotel in Chengde. In June 1999, Xu gave $2,000 to Li Chen in Cologne, Germany. During the Spring Festival of 2000, Xu gave Li Zhen RMB 10,000. 10. In April and May of 1998, when the defendant Li Zhen served as the director of the Provincial State Taxation Bureau, he accepted the request of Wu Qingwu, chairman of Hong Kong Lilong Co., Ltd. (handled in another case), and instructed the leaders of the Shijiazhuang City State Taxation Bureau to build the office building of the bureau. It was handed over to the Shijiazhuang Branch of the Second Construction Company of Jinling City to undertake the construction, and then Wu Qingwu gave $50,000 to Li Zhen. 11. In 1998, the defendant Li Zhen conspired with Xiuling, the manager of Qinhuangdao City Huaxing Company (handled in another case), when he served as the director of the Provincial State Taxation Bureau, and handed over the training center project of the Bureau to the Third Construction of Hebei Province through the director of the Langfang City State Taxation Bureau. The tenth company of the engineering company undertook the construction.Later, through Xiuling, he asked the manager of the company, Gao Huaxing, for an intermediary fee of RMB 500,000. 12. At the end of 1998, when the defendant Li Zhen served as the director of the Provincial State Taxation Bureau, he accepted the request of Su Jianmin, the manager of Wenzhou Jieheng Co., Ltd., and entrusted Su Jianmin with the production of the tax registration certificate of this bureau.Later, Li Zhen asked Su Jianmin twice for a total of 9,000 US dollars. 13. In June 1999, when the defendant Li Zhen was the head of the Provincial State Taxation Bureau, Zhang Ke, the manager of the Kexin Industrial Company in Kyoto City, gave Li Zhen US$5,000 at the Kyoto Airport.Later, Li Zhen accepted Zhang Ke's request, and through the director of the Xingtai State Taxation Bureau, handed over the training center project of the bureau to the Jinling No. 1 Construction Engineering Company contacted by Zhang Ke for construction.Later, Li Zhen asked Zhang Ke for 40,000 US dollars. 14. In October 1993, while the defendant Li Zhen was serving as the Secretary of the General Office of the Provincial Party Committee, Zhang Tiemeng (handled in another case), director of the Hebei Provincial Office of China Oriental Leasing Co., Ltd., was criminally detained on suspicion of embezzlement of public funds.After Li Zhen and Wu Qing's multi-party activities, the case was dismissed.Li Zhen asked Zhang Tiemeng for a Lexus car worth 620,000 yuan. On the day before the Spring Festival in 1995, Zhang Tiemeng gave Li Zhen US$10,000 on the grounds that he would support Li Zhen's wife Yang to study in Singapore. One day in the first half of 1998, Zhang Tiemeng approached Li Zhen for business, and Li Zhen offered Zhang to exchange 100,000 U.S. dollars.Later, Zhang Tiemeng sent the exchanged US dollars to Li Zhen's home, and Li Zhen underpaid RMB 227,800. 2. Corruption 1. In the second half of 1992, through the operation of the defendant Li Zhen, the Hebei Provincial Office of China Oriental Leasing Co., Ltd. (hereinafter referred to as the “Dongji Leasing Office”) obtained a foreign exchange quota of 5 million US dollars from the Hebei Provincial Department of Finance in the name of Zhangjiakou Cigarette Factory The loan was RMB 50 million, and a total profit of more than RMB 20 million was made through foreign exchange adjustment.In order to thank Wu Qingwu for recommending himself to take over as his secretary, Li Zhen asked Zhang Tiemeng, director of the East Hebei Rental Office, to support Wu Qingwu.At the end of October of the same year, Wu Qingwu borrowed RMB 10 million from Dongji Leasing Office for Hainan Shitong Real Estate Development Co., Ltd. (hereinafter referred to as Shitong Company) through Zhang Tiemeng; in January 1993, Wu Qingwu borrowed money from Dongji Leasing Office RMB 10 million is used for doing business by myself.Later, Li Zhen approached Zhang Tiemeng and Wu Qingwu several times to discuss how to dispose of the RMB 20 million that the East Hebei Occupational Office earned, and proposed a plan of equal distribution among the three: the 10 million yuan loan from Shitong Company would not be returned to the Eastern Hebei Occupancy Office. Transferred to Wu Qingwu, Wu Qingwu's loan of 10 million yuan was not repaid, and Zhang Tiemeng was responsible for balancing the account to replace the profit from the foreign exchange line of 5 million US dollars.In December of the same year, Gao Zhuguo, the manager of Shitong Company, remitted RMB 11.8 million of the loan and interest to the bank account designated by Wu Qingwu, and Wu Qingwu later paid RMB 3.08 million of interest to Dongji Leasing Office as requested by Zhang Tiemeng. In the second half of 1994, the East Hebei Occupancy Office was abolished, and its creditor's rights and debts were assigned to the Hebei Provincial Enterprise Investment Company. Zhang Tiemeng hid the accounts of the East Hebei Occupancy Office and concealed the fact that Wu Qingwu had borrowed RMB 20 million.Wu Qingwu used the 20 million yuan for personal investment and business, and successively distributed 150,000 U.S. dollars, 100,000 yuan to Li Chen, and a house worth 516,710 yuan at the low-voltage electrical appliance factory in Kyoto. In the second half of 1998, Li Guoting, the director of Zhangjiakou Cigarette Factory, was involved in a crime. Fearing that the incident would be exposed, Li Zhen entered into an offensive and defensive alliance with Zhang Tiemeng and Wu Qingwu. 2. In October 1993, the defendant Li Zhen, Wu Qingwu and Zhang Tiemeng jointly negotiated to occupy the shares of Nivalis Co., Ltd. and Qinhuangdao Zhongxing Electronics Co., Ltd. (hereinafter referred to as Zhongxing Electronics Co., Ltd.), each holding 25%, and Transferred to Wu Qingwu's Hong Kong Lilong Co., Ltd., and Wu Qingwu jointly held these shares on behalf of three people. In January 1994, Wu Qingwu and Zhang Tiemeng went to Dublin, Ireland to go through the formalities of transferring shares, and transferred 50% of the shares of Nivalis Co., Ltd. to Wu Qingwu, who became the chairman of the company.Based on the company's net assets at the time, the 50% stake was 415,819,500 Irish pounds.In March of the same year, Zhang Tiemeng and Wu Qingwu signed a share transfer agreement to transfer all the shares of ZTE Electronics to Hong Kong Lilong Co., Ltd. without compensation. After the approval was not obtained, Zhang Tiemeng changed the agreement to transfer 45% of the shares of ZTE Electronics Transferred to Hong Kong Lilong Co., Ltd., the equity transfer agreement was approved, and relevant procedures such as registration of changes in corporate shareholders were handled at the Qinhuangdao Industrial and Commercial Bureau, and Wu Qingwu was appointed as the chairman. The equity of the company is RMB 5,716,000,125,000.After the equity transfer, Li Zhen and Wu Qingwu asked Zhang Tiemeng for dividends from Nivalis Co., Ltd. several times. Between April and May 1995, Zhang Tiemeng remitted US$300,000 from Nivalis Co., Ltd. to Hong Kong Lilong Co., Ltd. in the form of payment. Li Zhen received US$100,000 and Wu Qing received US$200,000. During the trial, the public prosecution agency presented and read out the corresponding physical evidence, documentary evidence, witness testimony, appraisal conclusion, and the defendant's statement, and played audio-visual materials, and believed that the defendant Li Zhen's behavior violated the "Criminal Law of the People's Republic of China" The provisions of Articles 385, 386, 388, 382, ​​and 383 constitute the crimes of accepting bribes and embezzlement respectively. .Submit this court to punish according to law. Regarding the bribery facts accused by the public prosecution agency, the defendant Li Zhen basically confessed during the trial, but argued that: 1.The RMB 2.9 million received from Wang Yuxi was deposited in Hong Kong Standard Chartered Bank for Wang Yuxi; 2.Contacting Tangshan Department Store renovation project for Wang Yuxi and borrowing money for Cai Yang, Lu Ying, and Liu Zhong did not take advantage of my position, nor did I seek illegitimate benefits for others. According to the provisions of Article 388 of the Criminal Law, no constitutes a crime of bribery; 3.Su Jianmin’s acceptance of USD 9,000 was for Su to exchange for him, which was an arrears; 4.Received $45,000 from Zhang Ke, of which $40,000 was arrears, and $5,000 was an exchange of gifts between friends; 5.Zhang Tiemeng did not take advantage of his position to seek benefits for Zhang Tiemeng. Zhang Tiemeng subsidized Yang with US$10,000, which was a gift between friends. Zhang Tiemeng was owed 227,800 yuan when he exchanged dollars. ; 6.The amount of RMB received from Zhao Wei was not 600,000 yuan, but 220,000 yuan; 7.The massage chair paid by Sun Chun for him has been repaid to Sun, even if it has not been repaid, it is due to memory errors; 8.Although he received US$50,000 from Li Guoting and Meng Qiao's credit card, he did not seek any benefits for them; 9.It is true that Liu Qihui gave Cai Yang nearly 2 million yuan, but he did not use Liu Qi’s money to buy a house, and the accused house did not go through the property right procedures in his name; 10.When handing over the Langfang Municipal State Taxation Bureau training center project to Gao Huaxing's company for construction, he did not conspire with Xiuling to demand RMB 500,000 from Gao Huaxing; 11.The US$4,000 and RMB 10,000 that Xu gave were gifts from friends and had nothing to do with Xu's transfer. Defenders Wang Xiang and Feng Shu proposed: 1.Li Zhen accepted Wang Yuxi's request to contact Tangshan Department Store for the renovation project, accepted Lu Ying's request to help her contact the guarantee unit, and accepted Liu Zhong's request to help her get a loan from the bank. Neither directly took advantage of his position, nor did he seek improper benefits for the client. , does not constitute mediation and bribery; 2.Li Zhen's acceptance of Cai Yang's RMB 1.5 million has nothing to do with helping Cai Yang, it is not a power-for-money transaction, and does not meet the objective elements of the crime of accepting bribes; 3.The accusation that Li Zhen accepted Zhao Wei’s RMB 600,000 was inconsistent, and it should be determined that Li Zhen received Zhao Wei’s RMB 220,000 based on the principle of benefiting the defendant; 4.Li Zhen spent 99,544 yuan with the credit card handled by Meng Qiao, and underpaid 227,800 yuan when he exchanged dollars from Zhang Tiemeng. The 40,000 dollars he took from Zhang Ke were all loans. Personal dealings, not bribery.Regarding the accusation by the public prosecution agency that the East Hebei Occupation Office obtained a quota of US$5 million and a loan of RMB 50 million allocated by the Provincial Department of Finance in the name of the Zhangjiakou Cigarette Factory through Li Zhen’s active operation, and made a total profit of more than RMB 20 million after the transfer. Li Zhen confessed in the court trial that Tongtong Company borrowed RMB 20 million from Dongji Leasing Office and did not return it, and accepted the fact that Wu Qingwu and Zhang Tiemeng gave US$100,000, RMB 100,000, and a house.Li Zhen also admitted that he, together with Wu Qingwu and Zhang Tiemeng, participated in Ireland: Nivalis Co., Ltd. and received US$100,000 from Zhang Tiemeng.But argues: 1.The fact that Shitong Company and Wu Qingwu did not return the 20 million yuan loan from the East Hebei Leasing Office has no direct relationship with it. The money Wu Qingwu gave to him has nothing to do with the 20 million yuan. He was accused of conspiring with Zhang Tiemeng and Wu Qingwu to embezzle 20 million yuan. Not enough evidence; 2.Zhang Tiemeng and Wu Qingwu handled the share transfer procedures between Nivalis Co., Ltd. and ZTE Electronics. They did not know about it and never participated in the operation and management. deliver; 3.Wu Qingwu and Zhang Tiemeng were dissatisfied because the facts of the RMB 20 million and the equity transfer of Nivalis Co., Ltd. and ZTE Electronics were disclosed on their own initiative, causing them to give testimony that distorted the facts. Defenders Wang Xiang and Feng Shu proposed: 1.The accusation that Li Zhen, Zhang Tiemeng, and Wu Qingwu colluded with each other and jointly embezzled RMB 20 million from Hebei Provincial Enterprise Investment Company cannot be established.The prerequisite for Li Zhen and Wu Qingwu to constitute accomplices in corruption is that Zhang Tiemeng took advantage of his position to commit corruption, and Zhang Tiemeng himself had no intention or act of corruption. Therefore, Li Zhen’s behavior did not constitute joint corruption, and there was no evidence to prove that the property he obtained was corruption. Distributing stolen goods, its behavior should be identified as the crime of abuse of power by company, enterprise, or business personnel; 2.There is insufficient evidence to accuse Li Zhen of cooperating with Zhang Tiemeng and Wu Qingwu to embezzle the equity of Nivalis Co., Ltd. and ZTE Electronics Co., Ltd., and there is insufficient evidence to confirm that Hong Kong Lilong Co., Ltd. is the company of Wu Qingwu. Defenders Wang Xiang and Feng Shu also submitted that most of the crimes of bribery and corruption charged in the indictment were confessed and exposed by Li Zhen without the investigation agency's knowledge. In line with the legal provisions of surrender and meritorious service, he should be given a lighter or mitigated punishment in accordance with the law; Li Zhen played the smallest role in the joint embezzlement of Nivalis Co., Ltd. Slight punishment as appropriate. After review, it was found that: 1. The facts of the crime of accepting bribes (1) In October 1993, when the defendant Li Zhen was serving as the Secretary of the General Office of the Provincial Party Committee, Zhang Tiemeng, director of the East Hebei Leasing Office, was taken compulsory measures by the judiciary for being suspected of embezzling public funds. Coercive measures were lifted. On February 22, 1994, in order to thank Li Zhen, Zhang Tiemeng paid RMB 620,000 for Li Zhen to buy a Lexus 400 car. Before the Spring Festival in 1995, Zhang Tiemeng gave Li Zhen US$10,000 (equivalent to RMB 84,316) in the name of sponsoring Li Zhen's wife Yang to study abroad. In the first half of 1998, when Li Zhen asked Zhang Tiemeng to exchange 100,000 US dollars for him, he underpaid RMB 227,800. The above facts are confirmed by the following evidence presented and cross-examined in court, and this court confirms them: (1) Relevant documents from the General Office of the Hebei Provincial Government, the General Office of the Provincial Party Committee, the Organization Department of the Provincial Party Committee, and the State Administration of Taxation confirm that: from November 1990 to April 2000, Li Zhen served as Secretary of the General Office of the Hebei Provincial Government and Office of the Provincial Party Committee Office Secretary, Deputy Director, Deputy Director and Director of Provincial State Taxation Bureau. (2) The relevant legal documents of Zhang Tiemeng’s suspected misappropriation of public funds confirmed that Zhang Tiemeng, director of the East Hebei Rental Office, was criminally detained by the procuratorate on October 11, 1993, and was released from compulsory measures on October 14 due to the crime of embezzlement of public funds. (3) Witness Zhang Tiemeng's testimony confirmed that when he was investigated, his wife Wu Mou approached Li Zhen, and Li Zhen approached Wu Qingwu to carry out activities together.Later, Li Zhen asked him several times that he needed a car for activities in Kyoto, and whether he could solve it from his company.Out of gratitude to Li Zhen and it was difficult to refuse, he transferred the car payment of about 600,000 yuan to the account number provided by Li Zhen in Kyoto. At the beginning of 1995, one night before Yang went abroad, he sent 10,000 US dollars to Li Zhen's home.Around 1998, Li Zhen asked him to exchange 100,000 U.S. dollars, and then he sent 100,000 U.S. dollars to Li Zhen’s home. Li Zhen gave him 600,000 yuan, which was more than 200,000 yuan short. (4) The witness Cheng's testimony confirmed that: on February 22, 1994, he remitted 620,000 yuan to Huazhong Auto Repair Station, Haidian District, Kyoto City, according to Zhang Tiemeng's instructions. (5) The testimony of witnesses Cai Yang and Zeng Hua confirmed that Li Zhentuo and the others bought a Lexus 400 car from Yang Zhong, owner of Huazhong Auto Repair Station in Haidian District, Kyoto, for 620,000 yuan. (6) The testimony of witness Xiuling (Li Zhen's mistress) confirmed that: when she lived in Xishiku, Kyoto, Li Zhen drove a black Lexus 400 sedan, which she said was given by Zhang Tiemeng. (7) The People's Bank of China's wire transfer certificate confirms that on February 22, 1994, the East Hebei Rental Office remitted RMB 620,000 to the Huazhong Auto Repair Station in Haidian District, Kyoto City. (8) The telegraphic declaration form of the Nanlishi Road Sub-branch of the Industrial and Commercial Bank of Kyoto City confirms that: On February 25, 1994, Huazhong Auto Repair Station in Haidian District, Kyoto City received a payment of 620,000 yuan from Dongji Leasing Office. (9) The certification materials issued by the Tangshan Central Branch of the State Administration of Foreign Exchange confirm that: In 1998, the exchange rate of RMB to US dollar was 1:0.1208, and the exchange rate of US dollar to RMB was 1:8.2781. (10) The physical evidence photo of the Lexus 400 sedan presented by the public prosecution agency in court was identified by the defendant Li Zhen as a car bought by Zhang Tiemeng. (2) At the beginning of 1994, when the defendant Li Zhen was the secretary of the General Office of the Provincial Party Committee, he asked Meng Qiao, the manager of ZTE Electronics Company, to apply for a personal consumption credit card for him, and provided a fake ID card named "Han Xu". On March 7, 1994, Meng Qiao instigated the company's financial staff to apply for a credit card with the card number 8073592002161009 at the Qinhuangdao Development Zone Branch of the Bank of China with a fake ID card provided by Li Zhen.Li Zhen spent a total of 99,544 yuan with this card. In March 1999, Li Zhen learned that the discipline inspection department was investigating the card and entrusted Xiuling to return the credit card to Meng Qiao.Fearing that the matter would be exposed, he returned RMB 100,000 to Meng Qiao in August of the same year, and asked Meng to rewrite the repayment time to the same date as the credit card refund. The above facts are confirmed by the following evidence presented and cross-examined in court, and this court confirms them: (1) Witness Meng Qiao's testimony confirms that: Li Zhen told him in Shijiazhuang in 1994 that it is not convenient to use cash to entertain people, and it is not as convenient as using cards.Later, he applied for a Great Wall card in Qinhuangdao and gave it to Li Zhen.Li Zhen spent about 90,000 yuan with this card. In August 1999, Li Zhen told him in Shijiazhuang that the news was tight now, and he repaid 105,000 yuan, and asked him to type a receipt, and the time was advanced to March 25, 1999. (2) The testimony of witness Xiuling (Li Zhen's mistress) confirmed that: In March 1999, Li Zhen gave her a card in Shijiazhuang and asked her to return to Qinhuangdao and hand it over to Meng Qiao.After hearing that the Central Commission for Discipline Inspection was investigating the card, Li Zhen returned the card and the money to Meng and asked him to give a receipt. (3) Witness Zhang Tiemeng’s testimony confirms: According to Meng Qiao, once Li Zhen accompanied the provincial leader to inspect ZTE Electronics Company, Li Zhen asked for a card, but he couldn’t dodge it, so he gave it to Li. (4) Witness Liu's testimony confirms that: according to Meng Qiao's instructions, he has paid "Han Xu"'s Great Wall card five or six times.The consumption of this card was about 100,000 yuan, and the money was repaid in July and August of 1999. (5) The letter of guarantee for the RMB Great Wall Card of the Qinhuangdao Branch of the Bank of China confirms that: On March 7, 1994, Meng Qiao of ZTE Electronics Co. guaranteed the Great Wall credit card for "Han Xu", the card number being 8073592002161009. (6) The financial accounts of ZTE Electronics confirmed that "Han Xu" spent a total of 99,544 yuan with the Great Wall credit card number 8073592002161009. In March and August 1999, "Han Xu" returned the card and RMB 100,000 successively. (3) In December 1994, when the defendant Li Zhen was serving as secretary and deputy director of the General Office of the Provincial Party Committee, Li Guoting, director of the Zhangjiakou Cigarette Factory, went to Bailou, Shijiazhuang City in order to gain the political trust and support of relevant leaders through Li Zhen. The hotel gave Li Zhen US$50,000 (equivalent to RMB 422,230) on the grounds that it would support Li Zhen's wife Yang to study abroad.At the beginning of 1999, Li Zhen deposited the money into Standard Chartered Bank of Hong Kong. The above facts are confirmed by the following evidence presented and cross-examined in court, and this court confirms them: (1) Witness Li Guoting’s testimony confirmed that he gave $50,000 to Li Zhen at Bailou Hotel in Shijiazhuang under the pretext of sponsoring Li Zhen’s wife to study abroad. On the surface, he gave the money to Yang, but in fact he gave it to Li Zhen.I hope that Li can speak more good words in front of leaders at all levels, which will benefit both him personally and the Zhangjiakou Cigarette Factory. (2) Witness Yang’s testimony confirms that: the night before he went to study in Singapore, he and Li Zhen visited Li Guoting at the hotel in Building A, and Li Guoting gave him US$50,000. (3) Witness Yang's testimony confirms that: In December 1994, he drove Li Guoting to Shijiazhuang and lived in Bailou Hotel. (4) At the beginning of 1994, Li Zhen took advantage of his position as Secretary of the General Office of the Provincial Party Committee and accepted Cai Yang’s request to borrow USD 1.72 million for Guangxi Beihai Tiandu Real Estate Development Company (hereinafter referred to as Tiandu Company) through Zhang Tiemeng, director of the East Hebei Leasing Office. . On March 26, 1996, Cai Yang asked Wang Jie, the manager of Tiandu Company, to remit RMB 500,000 to the account of Jingdu Sanwei Electronics Co., Ltd. reward. At the beginning of 1999, Li Zhen deposited the money into Standard Chartered Bank of Hong Kong. At the beginning of 1996, Li Zhen took advantage of his position as the deputy director of the Hebei Provincial State Taxation Bureau (hereinafter referred to as the Provincial State Taxation Bureau), and accepted Cai Yang's request to hand over the tax data collector project of RMB 18 million to Shenzhen Sanglitong Electronics Co., Ltd. Co., Ltd. (hereinafter referred to as Sanlitong Company) undertook the work.In order to sponsor Cai Yang to make a TV series and to thank Li Zhen, Liu Qi, the manager of Sanglitong Company, made the transfer to Cai Yang's designated Tianjin Development Zone Xintiandi Investment and Development Co., Ltd. (hereinafter referred to as Xintiandi Company) on January 15 and 30, 1997. RMB 1.995 million per person. On September 22, 1997, Li Zhen purchased a house in Yangming Plaza developed by Jingdu Huatang Real Estate Development Co., Ltd. . The above facts are confirmed by the following evidence presented and cross-examined in court, and this court confirms them: (1) Witness Cai Yang’s testimony confirmed: Li Zhen borrowed more than 1.7 million US dollars from Zhang Tiemeng’s company as a deposit for his brother-in-law Wang Jie’s contracting the project. Wei company; also through Li Zhen to promote the recorder for Liu Shaoqi, Liu sent more than 1.9 million yuan to his designated account in order to thank him and Li Zhen for their help?One day when he was having dinner with Li Zhen and Cao Jun, Li Zhen told Cao to buy a house in your company and asked him to pay Cao 1 million yuan for the house, and he proposed 1 million yuan from Xintiandi Company to remit to Cao Jun. (2)证人张铁梦的证言证实:蔡阳通过李真向其借款172万美元用于广西房地产项目,几个月后蔡阳把这笔款还上了。 (3)证人汪杰的证言证实:通过蔡阳筹借保证金172万美元,后按蔡阳给的账号汇给三威公司人民币50万元。 (4)证人王玉茜的证言证实:1996年3月26日天都公司给三威公司账户人50万元人民币,后李真把款取走。 (5)东冀租办的银行账目证实:1994年4月7日,东冀租办汇到天都公司账户172万美元。 (6)天都公司银行账目证实:1996年3月26日,天都公司汇到三威公司账户人民币50万元。 (7)证人刘奇的证言证实:通过蔡阳找李真承作了税务采集器业务,后从公司拿出不到人民币200万元打到蔡阳提供的新天地公司账户,用于蔡阳拍电视剧及酬谢李真。 (8)证人曹军(华堂公司经理)的证言证实:李真以人民币100万元购买了华堂公司开发的阳明广场住房一套,并交给其人民币10万元装修该房屋。 (9)证人李钧泯(新天地公司经理)的证言证实:蔡阳让把桑利通公司汇来款中的人民币100万元打给曹军。 (10)证人郑某的证言证实:省国税局实行税收征管电算化,税务采集器的项目由李真负责。 (11)新天地公司的财务账目证实:1997年9月22日,新天地公司汇到华堂公司人民币100万元。 (12)华堂公司出具的证明证实:1997年9月,李真从华堂公司购买住房1套(阳明国际公寓A座19日),尚未办理房产交易手续。 (五)1994年至1997年,被告人李真在担任省委办公厅秘书、副主任、省国税局副局长、局长期间,接受河北省人民政府驻京都办事处(以下简称驻京办)主任王福友、驻京办商品部(即京都江北迎宾馆)承包经理赵卫请托,通过张家15卷烟厂厂长李国庭办理购买该厂紧俏香烟批条六十一份。赵卫利用李真交给的上述批条先后从张家口卷烟厂购买各种香烟9628箱,总价值人民币2508.16万元,非法销售,从中牟利。为了感谢李真,赵卫先后送给李真人民币共计60万元。李真将此款存入香港渣打银行。后因李国庭案发,李真恐事情败露,与赵卫、王福友订立攻守同盟,并通过陈扬退还驻京办人民币22万元。 上述事实,有下列经庭审举证、质证的证据证实,本院予以确认: (1)证人赵卫的证言证实:1994年承包驻京办商品部后,通过李真帮忙得到了李国庭的批条,所批的烟卖给了烟贩子。自1994年下半年至1997年底,先后12次送给李真共计人民币60万元。2000年初,李真怕事情败露,给驻京办退还22万元。 (2)证人王福友的证言证实:其曾托李真找张家口卷烟厂厂长李国庭给赵卫批过烟。2000年初,李真对其和赵卫说,倒烟的事与他没关系,把赵卫给的20多万元钱退给驻京办。过了几天,陈扬将李真还的22万元人民币交给了驻京办。 (3)证人李国庭的证言证实:李真让其帮驻京办批些烟,其答应后给江北驻京办批过几十次烟。 (4)证人杨某的证言证实:在驻京办住时曾看到二三次赵卫拿着信,让李真找李国庭批烟,还看到李真找赵卫要信,说找老爷子(指李国庭)批烟去。有两次赵卫到其家走后,其问李真赵卫来干什么,李真说送点钱。 (5)证人张岩的证言证实:其丈夫赵卫通过王福友和李真弄到批烟的条子,然后转手倒卖,赚的钱给李真、王福友分红。有几次赵卫去石家庄找李真拿批条时就把钱给李真带过去。 (6)证人宋气的证言证实:赵卫从1994年开始从该烟厂批烟,直到1997年底,每次都有厂长李国庭的批条。 (7)被告人李真给李国庭的亲笔信证实:李真要求张家口卷烟厂厂长李国庭为赵卫办理购买紧俏香烟批条。 (8)张家口卷烟厂厂长李国庭的批条证实:李国庭先后为河北省驻京办赵卫办理香烟批条61份。 (9)张家卷烟厂的卷烟销售记录证实:张家口卷烟厂先后销售给驻京办“山海关”牌等香烟9628箱,总价值人民币2508.16437万元。 (10)京都江北迎宾馆企业法人营业执照和京都市东城区烟草专卖局烟草专卖零售许可证证实:京都江北迎宾馆无权经营香烟批发业务。 (六)1994年,被告人李真在担任省委办公厅秘书期间,接受河北省宝安地区高店电力局局长孙春请托,多次要求宝安地委有关领导对孙提拔使用。1997年1月31日,李真与妻子杨某在京都市赛特购物中心看好了一把日本产按摩椅,价值人民币3.98万元。李真打电话将孙春叫到赛特购物中心,孙春付款购买了按摩椅并送至李真家。 上述事实,有下列经庭审举证、质证的证据证实,本院予以确认: (1)证人孙春的证言证实:1997年春节前的一天,李真打电话说在京都赛特购物中心看中一把按摩椅,让其去一趟。其与司机到京都赛特购物中心付完款后开车将按摩椅送到石家庄李真家中。后来听说李真要出事,其对亲戚李果说如果有人问起椅子的事,就说李真给钱了,实际上李真没有给钱。 (2)证人李某的证言证实:孙把椅子给李真送去后,其在李真家没看到李真给孙椅子钱。李真被“双规”后,孙春打电话对其讲,如果有人问按摩椅的事,就说李真让其将钱转交给孙春了。 (3)证人石华、唐强的证言证实:孙春在京都赛特购物中心花三四万元买一把日产按摩椅,他们开车和孙春把按摩椅送到省国税局长李真家。 (4)证人杨某的证言证实:李真在京都赛特购物中心看中一把价值约4万元的按摩椅,打电话让孙春过来付款。孙春购买椅子后送至李真书房,李真没给孙春椅子钱。 (5)证人赵某的证言证实:1994年李真对其讲孙春这人不错,应该提拔使用。1995年8、9月间,地市合并,在研究人事安排时其同意对孙提拔使用。后孙春被任命为涞阳县副县长。 (6)京都赛特购物中心销售发票证实:日本产按摩椅的价值为3.98万元,购货日期1997年1月31日。 (七)1995年10月,被告人李真在担任省委办公厅副主任期间,通过唐山市有关领导将唐山百货大楼条式楼标的为人民币1080万元的C段装修工程(以下简称百货大楼工程)介绍给王玉茜联系的京都市建筑工程装饰公司(以下简称京都装饰公司)承建。竣工后,王玉茜送给李真人民币15万元。 1996年8、9月,被告人李真在担任省国税局副局长期间,将省国税局北戴河培训中心工程(以下简称北戴河工程)交给王玉茜联系的中铁十二局集团海南振海有限公司(以下简称振海公司)承建,工程预算人民币3500万元。李真与王玉茜商定按工程造价的6%提取中介费后均分。1996年12月,王玉茜从振海公司提取人民币170万元,送给李真75万元。 1997年9、10月,被告人李真在担任省国税局局长期间, ,将省国税局承德培训中心工程(以下简称承德工程)以议标的形式介绍给王玉茜联系的海南泛华工程有限公司(以下简称泛华公司)承建,工程预算人民币3000万元。后王玉茜按工程预算的5%从泛华公司提取中介费人民币150万元,送给李真人民币140万元。此外,王玉茜又将从该工程中提取的北戴河工程追加投资的中介费人民币30万元送给李真。 1998年12月,被告人李真在担任省国税局局长期间,通过河北省衡水市国税局局长谷领,将衡水市国税局培训中心工程(以下简称衡水工程)介绍给王玉茜联系的中海工程建设总局(以下简称中海总局)承建,工程预算人民币1500万元。1999年1月,王玉茜将中介费人民币45万元送给李真。 综上,李真共收受王玉茜人民币305万元,将其中15万元存入新加坡银行,290万元存入香港渣打银行。 上述事实,有下列经庭审举证、质证的证据证实,本院予以确认: (1)证人王玉茜的证言证实:受朋友之托,通过李真帮忙将百货大楼工程、北戴河工程、承德工程、衡水工程交给京都装饰公司、振海公司、泛华公司、中海总局承建。按事先与李真的商定提取中介费,先后送给李真共计人民币305万元。 (2)证人谭杰(京都装饰公司工程部经理)的证言证实:通过王玉茜的帮助,该公司参加了百货大楼工程的投标并中标,后按王玉茜的要求给王玉茜人民币15万元现金。 (3)证人李某的证言证实:在发包唐山百货大楼装修工程过程中,市领导对其讲,在同等条件下,照顾一下京都的杨东蓉(即王玉茜之妻),后通过招标把段工程交给,茜联系的京都装饰公司,工程造价人民币1000多万元。 (4)证人郑某的证言证实:1996年夏季,省国税局召开局长办公会,决定在北戴河建培训中心,由副局长李真主管;关于使用哪个施工单位,局长办公会没有研究过,都是李真一手操办的。 (5)证人王某的证言证实:1996年11月,李真对其讲中铁12局(指振海公司,下同)想干北戴河工程,其按李真的要求起草了将工程交给中铁12局承建的合同。1998年5月,省国税局派其到承德筹建培训中心,协助李某工作,承德工程以议标的形式交由泛华公司承建。 (6)证人李某的证言证实:1998年4月,李真对其讲想在承德建一个培训中心,让其负责施工工作,并讲黄廉奎那个施工队工程质量不错,用那个施工队。 (7)证人黄永的证言证实:其请王玉茜帮忙,通过李真以议标的形式承建了承德工程,王玉茜与其商谈了中介费事宜。1998年6月至1999年春节前,其两次汇给王玉茜的三威公司130万元人民币,后又在京都两次给王现金共计20万元人民币。 (8)证人肖某的证言证实:其请王玉茜帮忙,通过李真以议标形式承建了衡水工程。王玉茜提出要中介费,因工程未结算至今未给。 (9)证人谷领的证言证实:李真讲衡水工程省局投资800万元,施工队由省局派,工程以议标形式交给了中海总局。 (10)唐山百货大楼C段装修施工合同、北戴河工程、承德工程及衡水工程建设合同和工程预算、审计等文件证实:百货大楼工程由京都装饰公司承建,标的1080万元;北戴河工程由振海公司承建,标的3500万元;承德工程由泛华公司承建,标的3000万元;衡水工程由中海总局承建,标的1500万元。 (11)中国工商银行汇票、三威公司的进账单证实:1996年12月23日振海公司汇给三威公司人民币170万元。 (12)中国银行汇票、三威公司的进账单及泛华公司出具的证明证实:泛华公司于1998年6月17日、1999年2月10日先后汇给三威公司人民币130万元。 (八)1995年4月,被告人李真在担任省委办公厅副主任期间,让江北大野集团总裁鲁英为其办理了1张长城信用卡,并用此卡消费了人民币1.944055万元。同年12月,李真接受鲁英的请托,让河北省石家庄市国棉二厂为大野集团在中国银行河北省分行办理承兑汇票提供了担保。1996年2月13日,李真收受鲁英人民币10万元。 上述事实,有下列经庭审举证、质证的证据证实,本院予以确认。 (1)证人鲁英的证言证实:1995年4月初,李真让其给办一张长城卡,其用李真提供的“韩叙”的身份证为李办了一张长城卡。1996年春节前到李真家,给了李真人民币10万元。后通过李真让石家庄市国棉二厂为大野集团在中国银行河北省分行办理1000万元承兑汇票时提供了担保。 (2)证人高某的证言证实:1995年底,李真让其为大野集团在中国银行河北省分行办理1000万元承兑汇票提供了担保。 (3)中国银行河北省分行银行承兑汇票、银行承兑契约证实:1995年12月1日,江北大野集团在中国银行河北省分行办理1000万元承兑汇票由国棉二厂担保。 (4)证人曾晓、李芳的证言证实:鲁英让他们在福州市以“韩叙”的名义办过一张长城信用卡。 (5)中国银行福建省分行人民币长城信用卡申请表以及该行财务账目证实:1995年5月15日,大野集团下属的中华工商时报南方实业发展总公司以“韩叙”的名义办理了一张长城信用卡,“韩叙”用此卡共消费人民币1.944055万元。 (6)证人黄以选的证言证实:1996年4月13日晚,鲁英从保险柜里拿出10万元钱说要送给李真。 (九)1995年11月,被告人李真在担任省委办公厅副主任期间,接受石家庄市半边天保健品公司(以下简称半边天公司)经理刘钟和港商陈扬请托,召集石家庄市政府及省、市银行有关领导到半边天筹建处商议解决该公司贷款问题。在李真的多次协调下,半边天公司于1996年11月25日从石家庄市城市合作银行贷款人民币1000万元,12月24日从中国工商银行石家庄市分行贷款人民币1000万元。1997年初,李真出国考察前,刘钟送给李真2700美元(折合人民币2.2388万元)。 上述事实,有下列经庭审举证、质证的证据证实,本院予以确认: (1)证人刘钟的证言证实:为解决筹建百贝佳中草药牙膏项目的资金,其和陈扬要求李真帮忙。经李真与石家庄市和银行有关领导协调,石家庄合作银行和工商银行先后给其公司解决了贷款。1997年李真赴美国考察前,其在驻京办送给李真二千七百美元。 (2)证人张某、曾某的证言证实:1995年11月,李真为刘钟的牙膏项目,找他们出面协调贷款并让支持该项目。 (3)证人席明、要平、胡雄、文斌的证言证实:1995年11月,为帮助刘钟的牙膏项目筹集资金,李真将他们和石家庄市城市合作银行的有关人员召集在一起,让两家银行为刘钟的保健品公司提供贷款。 (4)石家庄市城市合作银行、工商银行石家庄分行的贷款合同证实:1996年11月25日、12月24日两家银行共贷给半边天公司人民币2000万元。 (十)1996年6月至1999年6月,被告人李真在担任省国税局副局长、局长期间,将河北省政府驻沈阳办事处主任徐某调入省国税局,后又将其调任承德市国税局局长和邯山市国税局局长。1998年上半年,李真到承德市检查税务工作时,徐某送给李真2000美元(折合人民币1.6556万元)。1999年6月,徐某随李真到西欧考察时,在德国科隆市送给李真2000美元(折合人民币1.65556万元)。2000年春节期间,徐某在李真家以给李真儿子压岁钱的名义,送给李真人民币1万元。 上述事实,有下列经庭审举证、质证的证据证实,本院予以确认: (1)证人徐某的证言证实:1996年7月,李真将其调入省国税局任机关党委专职副书记。1998年4、5月,听说李真要出国考察,在李真来承德时送给李真2000美元。1999年6月,其随李真赴西欧考察,在德国科隆市送给李真2000美元。2000年春节前的一天晚上,其在李真家以给孩子压岁钱为名,将1万元人民币塞到李真儿子手中。 (2)证人魏翔的证言证实:徐某说,李真要出国,给李送点外汇,其在中国银行换了2000美元交给了徐某。 (3)证人吉某的证言证实:2000年春节前,徐某从石家庄开会回来后告诉其给李真5000元或1万元人民币。 (4)证人赵某的证言证实:2000年春节前的一天晚上,徐某去李真家,临走时塞给李真儿子一个信封,说是压岁钱。 (5)证人郑某的证言证实:李真建议将徐某调入省国税局工作,当时考虑李真在江北的地位就同意了这个建议。 (十一)1998年4、5月,被告人李真在担任省国税局局长期间,接受港商吴庆五请托,授意石家庄市国税局局长许季兵、主管工程的副局长王发以招标的形式将石家庄市国税局办公楼工程(以下简称石家庄工程)交给锦陵市第二建筑公司石家庄分公司(以下简称锦陵二建)承建。1998年6月25日,石家庄市国税局与锦陵二建签订了建设工程施工合同。李真告诉吴庆五,与妻子杨某离婚后急需用钱。同年12月,吴庆五向锦陵二建索要工程中介费人民币40万元,兑换成5万美元(折合人民币41.3907万元)交给李真。1999年初,李真将此款存入香港渣打银行。 上述事实,有下列经庭审举证、质证的证据证实,本院予以确认: (1)证人吴庆五的证言证实:经其请托,李真帮助锦陵二建承建了石家庄工程。后李真让其向锦陵二建索要100万
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