Taking advantage of his position such as the construction of a new generation tax information system, Yao, director of the Information Center of the Provincial Local Taxation Bureau, accepted bribes of RMB 4 1 10,000 yuan and USD10.6 million yuan from several project contractors. Yao was convicted of accepting bribes and was sentenced to three years in prison at first instance and fined 200,000 yuan. Yao appealed that the gift100000 yuan received at the time of giving birth was a normal human exchange and should not be considered as a bribe. The Guangzhou Intermediate People's Court recently concluded that the above-mentioned bribers all confessed to giving money to Yao based on his care for his business, and the amount exceeded 30,000 yuan, which was not a normal human relationship. In view of Yao's surrender and the return of all the money, he was sentenced to two years and two months in prison and fined 150 thousand yuan.

Yao was the former director of the Information Center of Guangdong Local Taxation Bureau. The original judgment found that: from 2000 to 2007, the defendant Yao took advantage of his position as the director of the Information Center of Guangdong Local Taxation Bureau to accept bribes of RMB * * * 4 10000 yuan and USD 16000 yuan (equivalent to RMB/) from Wang Moming, general manager of Guangdong Shen Fei Computer Room Equipment Co., Ltd., who undertook the information hardware and software project of the Bureau.

Yao appealed that the original sentence was too heavy. The defender said that Yao received a red envelope of * * * 60,000 yuan from Qin Moumin for the Chinese New Year, which should be characterized as a violation of discipline; When Yao gave birth to a child, he should send a gift of 10 million yuan from a certain river, which is a normal human exchange and should not be considered as a bribe; In the fact that Yao accepted a bribe from Xu Moujun100,000 yuan, Yao confessed to accepting100,000 yuan, and Xu Moujun confessed to giving a bribe of 200,000 yuan. The two confessions were inconsistent. According to the principle that the suspected interests belong to the defendant, Yao should not be considered to have accepted a bribe from Xu Moujun; Yao has a close family relationship with Wang Mouming. Wang Mouming gave the Yao family 50,000 yuan in solatium during the Spring Festival, and Yao also returned 30,000 yuan to the Wang family. This 30,000 yuan cannot be used as a bribe, but should only be counted as the remaining 20,000 yuan.

The court of second instance held that Qin Momin, Ying Moujiang and Wang Moming's companies all undertook the projects of Guangdong Local Taxation Bureau, and Yao, as the director of the information center of the tax bureau, had the right to decide the business of the unit. All the bribers mentioned above confessed that they gave money to Yao based on Yao's care for his business, and the amount exceeded 30,000 yuan, so it should constitute the crime of accepting bribes.

The court held that the appellant Yao, as a national staff member, took advantage of his position to illegally accept other people's property, and his behavior constituted the crime of accepting bribes. Yao can automatically surrender, truthfully confess his criminal facts, and actively return all the money, which can reduce the punishment according to law. He was sentenced to two years and two months in prison and fined RMB 150,000.

I don't know whether it's better to say that Yao is ignorant or ignorant, or to pretend not to understand the law.