The judgment of this case shows that the four crimes discovered by Xu Gonggong this time involve eight criminal facts, most of which are related to land and houses.
After being sentenced to 13 years, he was sent back and sentenced to 4 crimes again.
According to the report of 20 12, Taikang county in Henan province is a key county for poverty alleviation and development, and the county land and resources bureau was once a national "civilized unit" and a red flag in Zhoukou city. However, during the three years from 20 10 to 20 12, three directors who were county land directors were dismissed in succession.
According to public reports, the three directors include Sun Shengsheng, Xu Gonggong's predecessor, and Cheng Fucai, Xu Gonggong's successor.
The above report mentioned that before the incident, online reports about Xu Gonggong's violation of law and discipline continued. According to the net post, Xu Gonggong was injured by four people who had dinner together in a hotel in Taikang on September 23, 2009. According to the post, the four perpetrators paid bribes to Xu for doing business. Later, not only did their business fail, but Xu even refused to admit it. After simple treatment in Taikang Orthopedic Hospital, Xu was transferred to a hospital in Beijing for treatment. He never dares to call the police.
In 2009, Yang Zhengchao, secretary of the Discipline Inspection Commission of Zhoukou City, bluntly said at a lecture on the integrity of cadres in the city's land system: "Some of you will have an accident next year if you don't stop from the brink!"
The verdict shows that after investigation, Xu Gonggong was sentenced to 13 years' imprisonment and deprived of political rights for three years by the Chuanhui District People's Court of Zhoukou City on 20111for accepting bribes. However, after serving his sentence for one and a half years, on May 10, 2065 438+02, Xu Gonggong was transferred back from Jiaonan Prison in Henan Province by Zhoukou People's Procuratorate on suspicion of other crimes.
Until five years later, the liangyuan district Court of Shangqiu City made a criminal judgment of the first instance on Xu's case. Liangyuan district court found that Xu Gonggong constituted the crime of corruption, bribery, abuse of power and loan fraud respectively, and some of them were the same crime as loan fraud. "The above four crimes are crimes of omission and should be punished for several crimes. Before the incident, all the principal and interest of the defrauded loan were paid off, and Xu Gonggong was given a lighter punishment. "
The verdict of the first instance is as follows: defendant Xu Gonggong was convicted of corruption, sentenced to 11 years in prison, fined RMB 3 million and deprived of political rights for two years; He was convicted of accepting bribes, sentenced to three years and six months in prison and fined 300,000 yuan; He was convicted of abuse of power and sentenced to four years in prison; He was convicted of defrauding loans, sentenced to three years in prison and fined RMB 300,000. He was sentenced to 13 years in prison and deprived of political rights for three years for accepting bribes, and decided to execute 20 years in prison and deprived of political rights for five years, and fined RMB 3.6 million. The money and illegal income involved shall be recovered and turned over to the state treasury.
Bribery: Ask for a set of receipt of 250,000 yuan for the purchase of duplex buildings.
According to the judgment, as a "landlord", Xugong not only owns many properties in Taikang County, but also bought houses in Zhengzhou. However, many properties are related to crimes.
The court of first instance found that in 2006, Xu Gonggong, then director of Taikang County Land and Resources Bureau, knew that Zhoukou Hongji Real Estate Co., Ltd. did not pay the land transfer fee when developing Hongji Jiayuan Community in Taikang County, nor did it violate the regulations. When the residential property began to be pre-sold, Xugong took a fancy to a duplex building in the residential area. In the absence of payment, let the company manager Cheng and Xu's wife Jia sign a house purchase contract and issue a receipt for the purchase price of 250,000 yuan. Cheng handled the purchase contract and purchase receipt for Jia according to Xu's request. On 20 10, 2065 438+00, I applied for the real estate license in Taikang county real estate exchange in the name of Jia. This criminal fact was recognized as bribery by the court.
The court found that in 2008, Xu Gonggong and Geng Mou, deputy director of Taikang County Land and Resources Bureau, purchased furniture and household appliances for Xu Gonggong's property in Hongdu Garden, Zhengzhou City, and spent 6 1.46 million yuan. At the behest of Xu Gonggong, Geng revised the invoices for purchasing furniture and household appliances in Taikang County Land and Resources Bureau and reimbursed them financially. The facts of the crime were identified as corruption by the court.
The court also found out that in 1994, Taikang County Finance and Credit Fund Company expropriated 3,596 square meters of collective cultivated land in Wuliyang Administrative Village, Chengguan Hui Town, Taikang County as the construction land for office buildings and family homes. 1995, the company distributed its 2,653.6 square meters to Xu Gonggong and other 12 finance bureau staff as personal homestead. In 2003, Taikang County widened and reconstructed the First Ring Road, requisitioned the area of the road for office building construction, and did not occupy Xugong's homestead. Xugong forged land acquisition information and was confirmed by the relevant units to occupy the homestead. In 2008, Xu Gonggong's wife Jia Mou defrauded 30,272 yuan of land compensation from Taikang County Land and Resources Bureau according to the resettlement plan for relocated households, and bought two sets of resettlement houses. The market price difference of these two resettlement houses is 79,040 yuan.
In 2009, Xugong arranged for Mou Wei, the chief cadastral officer of the former Land and Resources Bureau, to handle the land use certificate for the above-mentioned homestead, with the original area of 19 1.02 m2. At Xu's behest, Wei handled the state-owned land use certificate with an area of 388.36 square meters for Xu on February 8, 2009 without going through any formalities, and improved the relevant cadastral procedures. Xu illegally obtained the right to use state-owned land 197.34 square meters. Upon evaluation, the land with an area of 197.34 square meters is appraised at 14438+07000 yuan.
"Diwang" also engaged in real estate development and defrauded loans of15.5 million yuan.
The verdict shows that Xugong works as a land director and also cooperates with others to develop real estate projects.
5438+065438+2006 10, Xu Gonggong and others developed the Xinlong Xintiandi real estate project in Taikang County in the name of Xinlong Real Estate Development Company (hereinafter referred to as Xinlong Company). From June 5438 to February 2006, in order to raise land transfer fees, Xu Gonggong and others forged loan application forms, state-owned land use rights certificates, investment agreements and other materials in the names of Wang and Tian, and defrauded Taikang County Rural Credit Cooperative Union of a loan of 654.38+0.55 million yuan by way of land mortgage guarantee. Before the incident, the principal and interest of the loan had all been paid off.
In June 2007, 5438+065438+ 10, Xugong lied that the project was an investment attraction project of Taikang County Land and Resources Bureau, and applied to the county government for the project start-up fee and demolition fee. After being signed by the county leaders, Taikang County Finance Bureau allocated 600,000 yuan to Xinlong Company. In February 2008, Xugong arranged for personnel to apply to the county government for support funds. With the instructions of county leaders, Taikang County Finance Bureau allocated 280,000 yuan to Xinlong Company.
The above two facts were identified by the court as the crime of defrauding loans and the crime of corruption respectively.
The first trial is 20 years, and the second trial is changed to 19 years.
After the judgment of the first instance, Xu Gonggong appealed and put forward some opinions that did not constitute a crime.
The newspaper noted that the second-instance judgment found that Xu Gonggong was guilty of corruption and was found by the court of first instance as a crime of abuse of power.
According to the judgment, in 2007, Xu Gonggong, then director of the Land and Resources Bureau of Taikang County, violated the laws and regulations on land management and conducted bidding and auction for 2 1 piece of state-owned land with a total area of 14.9457 mu. In 2006, Xu Gonggong privately arranged for the staff of Taikang County Land and Resources Bureau to sign a land transfer contract without going through the procedures of evaluation, bidding, auction and hanging. After evaluation, the value of the land involved in the case in 2007 was 6.4338+0.9 million yuan.
In the second trial, Xu Gonggong and his defenders claimed that the 2 1 plot sold to relatives was not corruption, and the defenders thought it was abuse of power. The court of second instance adopted this opinion and held that Xugong violated the land management laws and abused his power, and paid the state-owned land transfer fee at the benchmark land price in early 2004, resulting in huge losses of land transfer fee. As for who the land is illegally transferred to, it does not affect the nature. "The court believes that the facts of the original judgment are clear and the trial procedure is legal, but the application of legal errors leads to improper sentencing and should be corrected."
On February 201August 13, Shangqiu Intermediate People's Court made a second-instance judgment, changing Xu Gonggong's crime of corruption from eleven years in the original first-instance judgment to five years, and the fine was also changed to RMB 65,438+RMB 2,000; Combined with the crime of accepting bribes (sentenced to three years and six months in prison and fined RMB 300,000), the crime of abusing power (sentenced to four years in prison), the crime of defrauding loans (sentenced to three years in prison and fined RMB 300,000) and the original crime of accepting bribes (sentenced to 13 years in prison and deprived of political rights for three years), it was decided to execute 19 years in prison, deprived of political rights for three years and fined RMB 65,438.
The above content comes from: the paper.