Yang Guowen on trial. Tongliao Intermediate Court WeChat public account photo
Jiang Mouyang, the former legal representative of SMIC Building Decoration Co., Ltd., was identified as one of the more than 110 bribers who bribed Yang Guowen, due to his involvement in the case of Yang Guowen, former member of the Standing Committee of the Municipal Party Committee of Ulanqab and former secretary of the Jining District Party Committee (deputy department level) in Inner Mongolia.
According to the relevant verdicts recently obtained by The Paper, the fact of accepting bribes in Yang Guowen's case was "planned" by Yang Guowen's daughter Yang Mouhua. She proposed to Yang Guowen that she find someone to do a renovation project, and Yang Guowen would help with the project and collect a benefit fee. Yang Mouhua also found Wang Moule, the godson of Yang Guowen's wife, as an intermediary, and Wang Moule was introduced by people to find Jiang Mouyang. Later, Yang Guowen helped Jiang Mouyang win the bid for the decoration project, and Jiang Mouyang paid 2.17 million yuan to Wang Moule, who distributed the money to others.
In July 2021, the Huolin Gol Municipal Court in Inner Mongolia convicted Jiang Mouyang of bribery by the unit and sentenced him to two years and two months in prison. After Jiang Mouyang's appeal, he was rejected by the Tongliao City Intermediate Court in Inner Mongolia in November of the same year and upheld the original judgment.
Jiang Mouyang's lawyer Liu Kai told The Paper that Jiang Mouyang had recently sent materials to the Tongliao City Intermediate People's Court to submit an application for retrial.
Judgment of the second instance of the Tongliao Intermediate Court. Photo courtesy of interviewee
The official of "each of the four consciousnesses and the violation of six disciplines"
Yang Guowen's case is the first liuzhi case filed and dealt with by the Inner Mongolia Autonomous Region Commission for Discipline Inspection and Supervision.
Yang Guowen has served as the director of the Liangcheng County Finance Bureau, the secretary of the Huade County Party Committee, the director of the Ulanqab City Finance Bureau, and the standing committee member of the Ulanqab City Party Committee. The website of the Central Commission for Discipline Inspection once published an article pointing out that Yang Guowen was evaluated as "four consciousnesses without each of them, six disciplines violated", and his behavior was even more abhorrent: let the driver drive the bus to send him and his wife to Beijing to see their daughter, and began to go out after nine o'clock every night to have fun, some people lined up in his office to give gifts, it was reported that more than 100 cadres gave gifts, and more than 100 entrepreneurs were bribed... As the "number one" in Jining District, the seat of the Ulanqab municipal party committee and government, Yang Guowen has brought extremely bad influence to this city, which is known as the "summer capital of China's grasslands", and has become a major source of pollution of the local political ecology.
According to the "Procuratorial Daily", according to the statistics of the case-handling personnel, Yang Guowen used his power to accumulate ill-gotten wealth over a period of more than 10 years, and the total amount involved in the case reached more than 150 million yuan. In the choice of the location to hide cash and belongings, he was inspired by spy war dramas, and his relatives' warehouses, abandoned water tanks, woods, coal warehouses, and even chicken coops were all hidden by him with a large amount of renminbi, foreign currency, gold, watches, etc., and these fragmentary belongings alone were equivalent to more than 20 million yuan. I thought that the real estate was hidden in the name of others, but the problem was in these hidden properties. A letter of complaint that Yang Guowen bought a property for his daughter in a residential area in Beijing exposed his hidden relatives' real estate one after another.
In February 2019, the Tongliao Intermediate Court sentenced Yang Guowen to 18 years in prison and fined him 3 million yuan for accepting bribes and not knowing the source of a huge amount of property. The court found that Yang Guowen took advantage of his position to seek improper benefits for others, and illegally accepted other people's property worth a total of more than RMB 46 million; As a state functionary, his property and expenses obviously exceeded his legitimate income, and the difference was particularly large, and after being ordered to explain the source, there was still a difference worth more than 94 million yuan that could not be explained.
The impersonated QQ number, the profile photo is a photo of Jiang Mouyang himself. Photo courtesy of interviewee
The daughter "plots" to take bribes, and the wife the son to carry it out
According to the judgment rendered by the Tongliao Intermediate Court in Yang Guowen's case, the court found that Yang Guowen had taken bribes and that in September 2010, Yang Guowen, then director of the Ulanqab Finance Bureau, took advantage of his position to help SMIC Decoration successfully contract the renovation project of the autonomous region's financial system training center in Liangcheng County by greeting the director of the Liangcheng County Finance Bureau. From 2011 to 2012, Yang Guowen, together with Zhang (Note: Yang Guowen's son-in-law) and Wang Moule (Note: Yang Guowen's wife Zhang Moufang's godson), jointly received Jiang Mouyang 2.17 million yuan. Wang Moulle gave 1.6 million yuan to Zhang, 100,000 yuan to Zhang Moufang, 323,000 yuan to buy a BMW car for Yang Guowen's daughter Yang Mouhua, and Wang Moule received 147,000 yuan.
The materials show that Jiang Mouyang was liuzhi by the Huolin Gol Municipal Supervision Commission in December 2018 for suspected unit bribery, and was released from liuzhi in January of the following year.
The judgment rendered by the Huolin Gol City Court against Jiang Mouyang disclosed more details of the above-mentioned bribery facts. According to the verdict, Yang Guowen's bribery was originally "planned" by his daughter Yang Mouhua and specifically implemented by Wang Moule: During the Spring Festival in 2010, Yang Mouhua (to be dealt with in a separate case) learned that the main project of the aforementioned training center construction project was about to be completed, so he discussed with Yang Guowen to find someone to do the decoration work of the project, and Yang Guowen provided assistance in the project bid and other matters. After that, Yang Mouhua found Wang Moule (to deal with a separate case), and Wang Moule found someone to carry out the construction in Beijing, and agreed to demand 20% of the total project price as a benefit fee. In May and June of the same year, Wang Moule found Jiang Mouyang through a friend's introduction. In order to obtain the project, Jiang Mouyang agreed to Wang Moule's request. Later, Yang Guowen greeted the director of the Liangcheng County Finance Bureau and helped Jiang Mouyang contract the project. Jiang Mouyang learned during the construction process that Yang Guowen was the one who actually provided help and collected benefit fees.
From September 2010 to May 2011, Jiang Mouyang paid a total of 2.17 million yuan to Wang Moule. Later, because Jiang Mouyang believed that the decoration project was not profitable, he did not pay the benefit fee to Wang Moule and others.
According to the judgment, the winning bid price of SMIC Decoration Company in the project was 16.15 million yuan, the approved amount of the project was more than 18.49 million yuan, and the final project payment allocated by the Liangcheng County Finance Bureau was more than 19.06 million yuan.
In July 2021, the Huolin Gol Municipal Court sentenced Jiang Mouyang to two years and two months in prison for the crime of bribery by the unit. Jiang Mouyang was not satisfied and appealed. The Tongliao Intermediate Court, through reading the case file and arraigning the appellant, held that the facts of the case were clear and decided not to hold a trial. In November of the same year, the Tongliao Intermediate People's Court issued a ruling, dismissing the appeal and upholding the original judgment.
Because Jiang Mouyang was pregnant, gave birth, and breastfed during the trial of the case, he is still serving out of prison.
Notarial deed (partial). Photo courtesy of interviewee
The briber claimed that he had been coerced, which the court found could not be sufficiently proved
After the appeal was rejected, Jiang Mouyang continued to apply for a retrial. Mr. Jiang's lawyer, Liu Kai, said they had recently sent out their application materials and filed an application for retrial with the Tongliao Intermediate People's Court.
Jiang Mouyang said that she met Wang Moule through a friend who was not very familiar. Before undertaking the above-mentioned renovation projects, her business scope was limited to Beijing, which was her first project in Inner Mongolia. At that time, she did not know the relationship between Wang Moule and Yang Guowen, and Wang Moule did not mention it, "I have not agreed to 20% of the benefit fee, the profit is far less than 20%, only said to try to give 10% depending on the project situation." ”
Liu Kai said that from 2010 to 2014, Wang Moule repeatedly asked Jiang Mouyang for "commissions", but Jiang Mouyang refused, and Wang Moule used various means to force Jiang Mouyang to pay, which posed a threat to Jiang Mouyang. In addition, the court of first instance had confirmed that Jiang Mouyang only learned during the construction process that Yang Guowen was the person who actually collected the benefit fee, which shows that Jiang Mouyang did not participate in Yang Guowen and others' "bribery agreement" on using the renovation project to collect the benefit fee of the construction unit.
Jiang Mouyang said that around 2011, she and her husband suddenly received a large number of strange calls, most of them asking her the price of maintenance or "one-night stands", and the people who called her could often call her real name. After further inquiry, she learned that someone had registered a QQ number and named her nickname "Jiang Mouyang", her avatar was a real life photo, and her personality signature wrote: "I am Jiang Mouyang, ask for support, contact me if necessary." 135...... 186......”。 Ms. Jiang said the phone number left was the phone number of her and her husband. In addition, the account also posted a number of statements, the content is filthy.
Jiang Mouyang notarized the above related content, but there is no direct evidence that this matter is related to Wang Moule.
According to the first-instance verdict of the case, during the trial of the case, Jiang Mouyang's defender submitted the testimony of an employee of SMIC Decoration, two notarial certificates, hospital diagnosis certificates and other evidence to prove that Wang Moule used violence, coercion and other means in order to make Jiang Mouyang pay a high commission, causing Jiang Mouyang to be forced to pay him. The court held that the notarial certificate in the above evidence was not relevant to the case, and could not prove that Jiang Mouyang was forced to pay Wang Moule because he published bad information on the Internet.
Regarding whether Jiang Mouyang was "blackmailed" and coerced, the court held that although Jiang Mouyang's records during the investigation stage were repeated many times, a comprehensive analysis of his statements in many records stated that the "business commission" proposed by Wang Moule was 20%, and the reason for the later contradiction with Wang Moule was also that Jiang Mouyang believed that he had no profit, so he did not give Wang Moule a 20% commission, and the available evidence could not fully prove that Jiang Mouyang was coerced by Wang Moule, even if Wang Moule urged Wang Moule to pay bribes agreed in advance. It also does not constitute a request for bribes, nor does it affect the composition of the crime of bribery by Jiang Mouyang's unit.