Yang Biao, a former payment supervisor, was sentenced to 12 years in prison for accepting bribes and using influence to accept bribes

Reporter | Liu Chenguang

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After nearly two years of investigation, Yang Biao's case finally ushered in a second-instance judgment. Recently, the interface news reporter obtained a second-instance judgment on Yang Biao, deputy director of the financial services department of the former central bank's Shanghai headquarters.

According to the verdict, Yang Biao, born on August 28, 1964, is a Han Chinese student with doctoral education, and was placed in liuzhi on October 29, 2019 on suspicion of accepting bribes, detained on January 22, 2020, and arrested on February 4, 2020.

According to the judgment, from July 2012 to October 2015, when Yang Biao was the director of the Payment and Settlement Division and the deputy director of the Financial Services Department of the First Department of Financial Services of the Shanghai Headquarters of the Central Bank of China, he took advantage of his position in charge of reviewing third-party payment business licenses, supervising third-party payment institutions and various banking payment institutions, and the daily management of the department, to provide assistance to others and seek improper benefits, and repeatedly accepted or solicited bribes from others of RMB2.4 million (all in RMB without special explanation in the following currencies), MORE THAN 41,000 US DOLLARS.

The interface news reporter learned that Yang Biao had long been engaged in payment and settlement supervision at the Shanghai headquarters of Chinese Min min bank, and in January 2015, The Securities Co., Ltd. was established, with Wan Jianhua as the first chairman and Yang Biao as deputy general manager. At the end of 2016, Wan Jianhua returned to Tonglian Payment after resigning due to "personal reasons", and Yang Biao and other executives also left their jobs.

In 2013, Yang Biao's "Research on the Effective Supervision of Third-Party Payment in China" was officially published. According to reports, on the basis of the systematic analysis of the development and supervision of third-party payments in China, the book discusses the necessity of supervising third-party payments based on the theory of "market failure".

In addition to the crime of accepting bribes in office, Yang Biao is still carrying out criminal activities after leaving office.

According to the judgment, in November 2016, after the defendant Yang Biao left the Shanghai headquarters of the central bank, he took advantage of the convenience of his previous position to have Shi Mou, the former subordinate and current head of the clearing organization management section of the payment and settlement office of the financial services department of the shanghai headquarters of the central bank, help improve the score in the classification rating of Shanghai D Co., Ltd., a subsidiary of Shanghai C Co., Ltd., in order to successfully pass the review of the renewal of the third-party payment license by the Shanghai headquarters of the central bank. Later, on the grounds of borrowing, huang Mou2, general manager of Shanghai C Co., Ltd., asked for a bribe of 3.5 million yuan.

On October 29, 2019, defendant Yang Biao voluntarily went to the investigation organ to accept an investigation after being notified by the Fengxian District Supervision Commission, and truthfully confessed the above-mentioned criminal facts.

The court of first instance held that defendant Yang Biao, as a state functionary, took advantage of his position to solicit other people's property and property, and illegally accepted other people's property and property to seek benefits for others, and accepted bribes totaling more than 2.6 million yuan, a huge amount, and some of them were bribes, and his behavior constituted the crime of accepting bribes; after leaving his post, defendant Yang Biao took advantage of the convenience of his original position and position to seek improper benefits for the trustee through the acts of other state functionaries, and asked for 3.5 million yuan from the trustee, which was a particularly huge amount. His conduct has constituted the crime of using influence to accept bribes; defendant Yang Biao has surrendered voluntarily, and should be given a mitigated or mitigated punishment in accordance with law; and after the incident, defendant Yang Biao withdrew 2.656 million yuan of stolen money.

According to the first-instance judgment, defendant Yang Biao was sentenced to eight years' imprisonment, deprived of his political rights for two years, and fined 1 million yuan for accepting bribes by taking bribes, sentenced to seven years and six months' imprisonment and fined 1 million yuan for the crime of accepting bribes by using influence; decided to carry out the sentence of 12 years' imprisonment, deprivation of political rights for two years, and a fine of 2 million yuan; confiscation of the stolen funds of 2.656 million yuan; and the continued recovery of illegal gains.

Regarding the first-instance judgment, Yang Biao expressed dissatisfaction and continued to appeal. The appearance opinion of the First Branch of the Shanghai Municipal People's Procuratorate held that the facts of the original judgment finding that the appellant Yang Biao had committed the crime of accepting bribes and using influence to accept bribes were clear, the evidence was credible and sufficient, the characterization was accurate, the sentence was appropriate, and the trial procedures were legal. It is recommended that the court of second instance reject the appeal and uphold the original judgment.

On several specific issues of corruption, the Shanghai No. 1 Intermediate People's Court also gave relevant explanations, including whether Yang Biao constituted the crime of using influence to accept bribes, and whether the 3.5 million yuan collected could be considered as bribes. However, the Shanghai No. 1 Intermediate People's Court did not accept yang biao's and his defender's suggestion that Yang did not constitute the crime of using influence to accept bribes and that 3.5 million yuan was a loan.

In the end, the Shanghai No. 1 Intermediate People's Court held that the facts of the original trial court's determination that Yang Biao had committed the crime of accepting bribes and using influence to accept bribes were clear, the evidence was credible and sufficient, and the characterization was accurate. The court of first instance made a judgment on Yang Biao's criminal basis on the facts, nature, circumstances, degree of social harm, attitude of admitting guilt and repentance, and returning stolen goods, within the statutory sentencing range, and the sentencing was appropriate. The First Branch of the Shanghai Municipal People's Procuratorate recommended rejecting the appeal and upholding the correctness of the original judgment's opinion in court.

On December 4, 2020, the public account of "PBC Clean and Honest Finance" (the Discipline Inspection Group of the Central Discipline Inspection Commission of the CPC Central Committee in the People's Bank of China) released the news that the Shanghai headquarters of the People's Bank of China organized an observer to listen to the trial of Yang Biao's case.

According to the information released at that time, the Shanghai Fengxian District People's Court publicly tried the case of Yang Biao, former deputy director of the Financial Services Department of the Shanghai Headquarters of the People's Bank of China, who accepted bribes and used influence to accept bribes in accordance with the law. The Discipline Inspection Commission of the Shanghai Headquarters organized more than forty cadres involved in key posts such as "power, money, and people" to observe the trial, and opened the warning education class to the scene of Yang Biao's trial and received warning education "at zero distance." During the trial, Yang Biao and his defender conducted cross-examination, and the prosecution and defense fully expressed their opinions under the auspices of the court, and Yang Biao admitted guilt and repented in court, and said that he would actively refund the relevant funds, and would reform himself and strive to exert his residual heat.