The document disclosed the details of the bribery of Zhao Haiyan, the "secretary of the official seller": the subordinate sent millions of cash to be promoted

Zhao Haiyan, former secretary of the municipal party committee of Sanmenxia City, Henan Province, was known as the "secretary of selling officials" in the street. Recently, his figure appeared in a judgment published by the China Judgment Documents Network, which was a bribery and bribery case involving Li Hongwei, former secretary of the municipal party committee of Lingbao City (a county-level city under the jurisdiction of Sanmenxia City).

A review by the Yanjin County Court in Henan Province revealed that Li Hongwei demanded bribes and accepted bribes totaling 8,849,907.33 yuan, and in order to seek promotion in his position, he sent Zhao Haiyan (handled in a separate case) a total of 1 million yuan in cash on nine occasions. In March and April 2016, Zhao Haiyan recommended Li Hongwei as the secretary of the Lingbao Municipal Party Committee.

According to public information, on June 27, 2016, Li Hongwei was appointed secretary of the Lingbao Municipal Party Committee, while on July 16, 2016, half a month later, Zhao Haiyan, then secretary of the Sanmenxia Municipal Party Committee, was suspected of serious violations of discipline and was investigated by the organization.

On August 31, 2017, the Henan Provincial Commission for Discipline Inspection announced that Li Hongwei was under organizational review. On April 14, 2018, the Yanjin County Court of First Instance convicted Li Hongwei of accepting bribes and offering bribes, and sentenced him to 13 years' imprisonment and a fine of 3 million yuan.

More than 8 million yuan was asked for and bribed

Li Hongwei, who was deputy county magistrate of Shaanxi County, Henan Province, deputy director of the Management Committee of Sanmenxia Development Zone, and secretary of the Lingbao Municipal Party Committee, was placed under residential surveillance by the Yanjin County Procuratorate of Henan Province on October 1, 2017, on suspicion of accepting bribes, and on November 24 of that year, he was arrested by the Yanjin County Public Security Bureau.

On December 15, 2017, the Yanjin County Procuratorate filed a public indictment with the Yanjin County Court for Li Hongwei's crime of accepting bribes and paying bribes.

The court found that from 2008 to August 2017, when defendant Li Hongwei was the deputy county magistrate of Shaanxi County, the deputy director of the Management Committee of the Sanmenxia Development Zone, and the secretary of the Lingbao Municipal CPC Committee, he took advantage of his position to seek benefits for a certain chemical fiber company in Sanmenxia, a coal mine in Shaanxi County, and other units and individuals, and successively accepted and demanded a total of 8,849,907.33 yuan from the above-mentioned units and personal property.

The Surging News combed through the judgment of Li Hongwei's case and found that its most important "financial owner" was Zheng Mou, the actual controller of a real estate development company in Henan, and Li Hongwei successively demanded and accepted more than 2.86 million yuan of Zheng's property. These include a Toyota domineering off-road vehicle, which is also related to Yang Shuping, the former party secretary of Sanmenxia City, who fell in July 2015.

The Yanjin County Court found that in September 2014, Zheng invested 515,293.33 yuan to buy a Toyota overbearing car in Beijing for defendant Li Hongwei's daughter Li, which was used by Li before the incident.

Zheng's testimony confirmed that one day in August and September 2014, Li Hongwei asked him to get Li a car with a Beijing license plate of more than 200,000 yuan, and said that Yang Shuping's daughter's car (then secretary of the Sanmenxia Municipal Party Committee) had a car accident, and Li's car was used by Yang Shuping's daughter. Later, Zheng bought a white Toyota domineering off-road vehicle in Beijing through his classmates, and leased a license plate to Give to Li to use.

Use bribes to invest in "profit" more than 10 million yuan

The court also found that Li Hongwei had used bribes to purchase houses or investments, and had generated more than 11 million yuan in fruits and interest by the time of the case.

Among them, in 2009, Li Hongwei, then deputy county magistrate of Shaanxi County, accepted 2 million yuan from a mine owner to buy a house in Beijing. Due to the rise in house prices, after the case was assessed, the bribe generated a yield of 7000885.12 yuan.

In June 2012, defendant Li Hongwei "borrowed" 2 million yuan from Liu in the name of his wife Yang's investment and high interest rate, and has not returned it until now when Li Hongwei's family has the ability to repay. Under Liu's repeated requests for his return, Li Hongwei arrived at Liu's 400,000 yuan Toyota overbearing sedan and a set of real estate worth 600,000 yuan around October 2012 and January 2015, respectively.

Yang used the 2 million yuan he "borrowed" and the 7 million yuan he raised separately to obtain interest in a real estate company in Henan, a steel company, an industrial company and other units. The 2 million yuan bribes accepted by Li Hongwei at the time of the crime totaled 4,013,479.424 yuan in illegal profits.

According to the judgment, the defender argued that the 2 million yuan exchange between defendants Li Hongwei and Liu should be a loan relationship rather than a bribe.

After trial, the court held that the defendant Li Hongwei and Liu Mou had no economic contacts in peacetime, and Liu Was not willing to "lend" Li Hongwei 2 million yuan before, but considering Li Hongwei's leadership status and li Hongwei's previous assistance to the coal mine he actually controlled, he agreed to it, but Li Hongwei had the ability to return it and has not returned it. In the case that Liu repeatedly asked Li Hongwei for money, he only used a suite and a car to reach 1 million yuan.

According to Part VI of the Minutes of the National Forum on the Trial of Economic Crime Cases, "a state functionary who takes advantage of his position to solicit property from another person in the name of borrowing, or illegally accepts property for others, shall be deemed to have accepted bribes." Therefore, the defender's defense opinion is not established and is not accepted.

The secretary of the municipal party committee who paid a bribe of 1 million yuan was promoted

In addition to accepting bribes, the court examined Li Hongwei and found that he was also guilty of bribery.

According to the judgment, during the Spring Festival from 2012 to 2016, defendant Li Hongwei, in order to seek a promotion in his position, went to the office of Zhao Haiyan, then mayor of Sanmenxia City and secretary of the municipal party committee (handled in a separate case), on nine occasions to give him a total of 1 million yuan in cash.

Defendant Li Hongwei claimed that in 2012, he was the deputy director of the Sanmenxia Civil Affairs Bureau, and considering that Zhao Haiyan was the new leader, in order to deepen Zhao Haiyan's impression of him, he took advantage of the Mid-Autumn Festival and the Spring Festival to go to Zhao Haiyan's office nine times to give Zhao a total of 31 million yuan.

Li Hongwei said that the reason why he sent Zhao Haiyan 1 million yuan was mainly because Zhao Haiyan served as mayor and secretary of the municipal party committee in Sanmenxia City, and he sent her the 1 million yuan in order to get her support in her work and personal promotion.

Zhao Haiyan's testimony confirmed that during her tenure as mayor of Sanmenxia City and secretary of the municipal party committee, Li Hongwei sent her 1 million yuan in cash to her office on nine occasions, and she helped Li Hongwei in her personal promotion.

In addition, relevant witnesses confirmed that before Li Hongwei presided over the work of the Sanmenxia Development Zone, Zhao Haiyan recommended Li Hongwei to preside over the work; in March and April 2016, Zhao Haiyan recommended Li Hongwei to serve as the secretary of the Lingbao Municipal Party Committee.

According to public information, on June 27, 2016, Li Hongwei was appointed secretary of the Lingbao Municipal Party Committee. Less than a month later, on July 16, 2016, the website of the Henan Provincial Commission for Discipline Inspection reported that Zhao Haiyan, secretary of the Sanmenxia Municipal Party Committee in Henan Province, was suspected of serious violations of discipline and was under investigation by the organization. In October 2016, the Organization Department of the CPC Central Committee reported a number of typical cases of violations of discipline in the work of the change of term, including the issue of Zhao Haiyan accepting greetings for the adjustment of others' positions.

On August 31, 2017, the website of the Henan Provincial Commission for Discipline Inspection announced that Li Hongwei, secretary of the Lingbao Municipal Party Committee in Sanmenxia City, was suspected of serious violations of discipline and is currently under organizational review.

On April 14, 2018, the Yanjin County Court of First Instance convicted defendant Li Hongwei of accepting bribes and sentenced him to 11 years' imprisonment and a fine of 2 million yuan; for the crime of bribery, he was sentenced to five years' imprisonment and fined 1 million yuan; decided to carry out the fixed-term imprisonment for 13 years and fined 3 million yuan; the stolen goods involved in the case were confiscated and handled by the seizing organs according to law; and the illegal gains and fruits totaled more than 17.51 million yuan were confiscated and handed over to the state treasury by the seizing organs.