The Paper's senior reporter Wei Jiaming
At 3:00 p.m. on September 17, Peng Dechi, former director of the Self-study Examination Office (hereinafter referred to as the "Self-Examination Office"), huangshi institute of technology (the predecessor of Hubei Institute of Technology), was tried in the second instance of the intermediate people's court of Huangshi City, Hubei Province (hereinafter referred to as the "Huangshi Intermediate Court").
The Paper (www.thepaper.cn) learned from Peng Dechi's family that the trial revolved around issues such as the private attributes of the self-examination office, whether the sale of teaching books was higher than the market price, and the right to use the funds in the self-examination office account. Defense lawyers Zhou Ze and Min Weihua submitted to the court new evidence such as Peng Dechi's bank flow vouchers for "funding" 30,000 yuan in 2005 to prepare for the establishment of the self-examination office, as well as the effective judgment of the civil cases associated with the self-examination office, and insisted on defending his innocence.
At the same time, the prosecution also submitted to the court evidence such as Peng Dechi's compilation card at the school and the minutes of the meeting of the school that the self-examination office was identified as a second-level teaching institution.
After the trial lasted five hours, the judge announced the end of the trial at 9 p.m. that night, and the verdict will be pronounced at a later date.
Peng Dechi photo The pictures in this article are all provided by the interviewees
The self-examination office registered with the Civil Affairs Bureau has an account balance of 44.05 million yuan in ten years
The Paper previously reported that in October 2018, the Huangshi Xialu District Procuratorate accused Peng Dechi, former director of the Self-study Examination Office of Huangshi Institute of Technology, of embezzling 138,200 yuan in differences in the price difference between the textbooks of the self-examination office and using 528,400 yuan of self-examination funds to pay personal income tax for himself and other employees.
Peng Dechi argued that the indictment identified the income from private education as public funds, confusing the nature of funds.
The Paper noted that the legal person certificate, school running permit, institution code certificate and other information in the case show that the self-examination office was registered with the Huangshi Civil Affairs Bureau in 2005 and approved by the Huangshi Municipal Education Bureau.
According to Peng Dechi's family, in the early 1990s, Peng Dechi, who taught at Huangshi College of Higher Learning, began to use his spare time to cooperate with many colleges and universities in Hubei to carry out self-examination projects.
In July 2004, Yellowstone High School and Yellowstone Institute of Education merged to form Yellowstone Institute of Technology. According to Peng Dechi's own account, a year after the school was upgraded, the school leaders found him, hoping that he could take over the work of the former high school self-examination office from another teacher in the school, and make up for the lack of teaching funds with the income of the self-examination office.
In 2005, the Huangshi Institute of Technology registered as a private non-enterprise organization with the Huangshi Civil Affairs Bureau and obtained a private school operating permit from the Huangshi Municipal Education Bureau.
On December 29, 2005, the two parties signed a four-year risk agreement. The "Letter of Agreement" stipulates that Peng Dechi injected funds to establish the Huangshi Institute of Technology Self-examination Office, responsible for the annual enrollment and management work, and handed over the income to the Huangshi Institute of Technology every year not less than 180,000 yuan.
Screenshot of Hubei Institute of Technology's grounds for appeal in a related labor contract dispute
The agreement has not yet expired, in 2008, Huangshi Institute of Technology and Peng Dechi signed a new agreement again, adding that Peng Dechi to carry out the relevant business of the Huangshi Institute of Continuing Education, agreed that the School of Continuing Education and the Self-Examination Office should pay 6.5 million yuan to the school every year, 35% of the excess part was handed over to Huangshi Institute of Technology, and the remaining 65% was allocated by Peng Dechi.
Peng Dechi said that since the establishment of the self-examination office and the takeover of the teaching college, the school has exceeded the school task every year. According to a financial statement provided by Hubei Institute of Technology, from 2008 to 2015, Peng Dechi has paid a total of 100 million yuan to the school.
In 2015, the Hubei Provincial Audit Office found during the audit that the balance of 44.05 million yuan in the succession college and self-examination office that Peng Dechi was responsible for had a risk of capital security and integrity, and decided to give Peng Dechi a reprimand and talk. After the audit, the 44.05 million yuan of the balance from the examination office was also transferred to Hubei Institute of Science and Technology as public funds. In addition, all employees of the self-examination office refunded all income other than basic salary, a total of 8.9 million yuan.
In the first instance, he was convicted of embezzlement and private division of state-owned assets and sentenced to 3 years in prison
On January 13, the Xialu District Court ruled in the first instance that Peng Dechi's interception of more than 130,000 yuan of state-owned property constituted the crime of embezzlement; the private division of state-owned property of more than 530,000 yuan constituted the crime of private division of state-owned property, and sentenced him to three years in prison.
According to the judgment of the first instance, the Lower Mainland Court held that the content of the application for registration of the self-examination office and the relevant materials such as the capital verification report issued by a third party corroborated each other, which could prove that it was started by the Polytechnic; in addition, the cadre appointment and dismissal documents issued by the school, the "Target Management Agreement" and other documentary evidence and witness testimony corroborated it, which could prove that the self-examination office accepted the management of the Polytechnic Institute and was of a state-owned nature.
With regard to the defender's defense that the self-examination office and the polytechnic institute are cooperative business relations, the Xialu court held that the signing of the "Target Management Agreement" between the polytechnic and the self-examination office for many consecutive years belongs to a management method of the state-owned public institutions for its subordinate units, and the defense opinions are not adopted.
Self-examination of civil non-registration certificate
In view of the nature of the difference in the price difference in teaching materials, Peng Dechi once defended himself at the trial that the outsourcing of the textbooks for transfer students in the self-examination office was out of the market behavior of the students, and the difference in price was used to pay for the cost of ordering teaching materials, and no profit was made from it. The Lower Mainland Court held that Peng Dechi handed over the business of booking teaching materials to a bookstore run by his family, subjectively in order to seek personal interests, objectively implemented the means of adding intermediate links to intercept more than 138,000 yuan of state-owned property, constituting the crime of embezzlement.
In addition, Peng Dechi's act of arranging for the financial personnel of the self-examination office to pay personal income tax of 528,400 yuan for himself and other staff members of the self-examination office through the funds on the account was also recognized by the court of first instance as a private division of state-owned assets.
In the end, the Xialu court found that Peng Dechi was guilty of embezzlement and private division of state-owned assets, but because he actively returned all the stolen money, the proceeds of embezzlement had been returned before the public prosecution was initiated, and he was given a lighter punishment.
The second-instance trial insisted that it was not guilty, and the school side denied that the self-examination office was state-owned in the related labor dispute
Peng Dechi was not satisfied and appealed. On September 17, the second instance trial of the case was held in public at the Yellowstone Intermediate Court.
It is worth mentioning that after peng Dechi's case, Xiao Peng and others, who had represented the enrollment business for the self-examination office of Huangshi Institute of Technology, could not get the performance share, sued Hubei Institute of Technology in court, demanding reimbursement of more than 500,000 yuan due to the self-examination office, and won the support of the court in the first instance.
After that, Hubei Institute of Technology appealed, and its first reason was: "The self-examination office has no relationship with Hubei Institute of Technology, the office is an independent legal person registered with the civil affairs department in 2005, and it is independent in terms of subject matter and finance, so Hubei Institute of Technology should not bear the obligation to pay." On December 16, 2019, the Huangshi Intermediate People's Court rendered a second-instance judgment on the labor contract dispute case, rejecting the latter's appeal request.
In 2005, the Self-Examination Office signed an agreement with Yellowstone Institute of Technology
Peng Dechi's second-instance defense lawyer Min Weihua believes that in Xiao Peng's case, Hubei Institute of Technology voluntarily denied that the self-examination office was state-owned. In addition, in the institutional setting documents of Hubei Institute of Technology in the past 20 years, it is impossible to find the second-level unit of self-examination. At the opening of the second instance, the defender also presented this as new evidence to the court.
In court, the procurator of the Huangshi Municipal Procuratorate issued an opinion on the appearance of the court, and the prosecution held that the facts of the first-instance court's judgment were clear, the evidence was indeed sufficient, and responded to the defender's point of view. Based on the testimony of Ding Mou, the secretary of the party group of Huangshi Institute of Technology at the time of the establishment of the self-examination office, the prosecution determined that the self-examination department was decided to be established by the Polytechnic Institute in 2005 after research, and 30,000 yuan was invested in the name of special funds through the college account, and the amount of capital contribution and the funder of the self-examination office in the annual inspection of the past years have not changed.
In this regard, Peng Dechi's defender Min Weihua said that the above-mentioned 30,000 yuan was borrowed by Peng Dechi from the Polytechnic Institute, and the use of the funds was indicated on the debit slip in the case, that is, the registered capital of the self-study examination office. On October 9, 2005, Peng Dechi used the income from the self-examination office to return the 30,000 yuan loan to the Polytechnic Institute. Five days later, Peng Dechi arranged for Finance Zhang Yuzhen to transfer 30,000 yuan from the Huangshi Correspondence Station of Wuhan University of Technology, which he personally operated, to the self-examination account to repay the registered capital of 30,000 yuan to the Polytechnic Institute instead of the self-examination account. At that time, Zhang Yuzhen issued a receipt for the collection in the name of the self-examination office finance, stating: "Received 30,000 yuan from the Huangshi Correspondence Station of Wuhan University of Technology, and paid for investment and shares." Min Weihua believes that the evolution history of the registered capital of the self-examination office fully shows that the real investor of the self-examination office is Peng Dechi.
In addition, the prosecutor also pointed out that after the incumbent and some retired faculty members proved that the self-examination office also operates as a second-level internal institution of the college in actual management, and the self-examination office must approve and decide with the manager of the college of engineering when using the excess funds. The prosecution also submitted to the court evidence such as Peng Dechi's school preparation card and the minutes of the school's meeting that identified the self-examination office as a second-level teaching institution.
In this regard, Jiang Cui'e, a staff member of the Self-Examination Office, told the surging news that the bank accounts of the Self-Examination Office and the College of Continuing Education have always been separated, and the College of Continuing Education, as the second-level college of Huangshi Institute of Technology, uses the unified account of the school. Wang Qingyun also confirmed this statement to the surging news, and he also revealed that in the later period, the school had the idea of "taking back" the account of the self-examination office, but was opposed by Peng Dechi, and then it was not resolved. He said that the internal contracting relationship between the self-examination office and the polytechnic department is "public or private, and no one has deliberately distinguished it in these years."
Peng Dechi's defender Zhou Ze believes that regardless of whether the self-examination office is state-owned, what matters is how the original contract was agreed upon and whether it was implemented in accordance with the contract, "Even if state-owned enterprises can also engage in contract management, they can also sign cooperation agreements with units, over the years, Peng Dechi and Hubei Institute of Technology signed a series of agreements, and now there are things agreed on the agreement that have become criminal acts, are these agreements all blank paper?" ”
After the trial lasted five hours, the judge announced the conclusion of the trial at 9 p.m. that night, and the verdict will be announced at a later date.
Editor-in-Charge: Cui Xuan
Proofreader: Yan Zhang