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Dig out the "self-laundering" crime from the corruption case, and punish several crimes at the same time!

author:Nanjing Procuratorate
Dig out the "self-laundering" crime from the corruption case, and punish several crimes at the same time!

After embezzling money, you also want to "whitewash", and be careful that you may break another law. On October 15, the Nanjing Municipal Procuratorate initiated a public prosecution of Ji X's embezzlement and money laundering case, and the Municipal Intermediate People's Court sentenced the defendant Ji X to 14 years and 6 months imprisonment and a fine of 4.6 million yuan for embezzlement and money laundering in the first instance. This case is the first case of "self-money laundering" criminalization in Jiangsu Province after the implementation of the Criminal Law Amendment (XI).

Dig out the "self-laundering" crime from the corruption case, and punish several crimes at the same time!

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From January 2016 to March 2021, when Ji was serving as the deputy manager of the general office of an airline, he took advantage of the convenience of his position in charge of the monthly salary accounting of the outsourcing personnel and labor dispatch personnel of the unit, and used the methods of false personnel and inflated salary items to report to the unit through the outsourcing company's inflated and inflated invoices, and let the outsourcing company withdraw more than 45 million yuan of public funds from the unit according to the method of salary distribution.

After arbitrage of the unit's public funds, in order to "whitewash" his own embezzlement proceeds, Ji arranged for many people to register personal accounts and associate personal bank accounts on a payment platform in the name of helping to settle accounts, and through the platform, the above bank accounts were used to transfer their embezzlement proceeds. That is to say, the outsourcing company will transfer the remaining money from the salary to the account of a person designated by Ji of a payment platform, and then transfer it to Ji to complete the process of turning the proceeds of corruption from black to white. However, smart is mistaken by smart, and Ji's "whitewashing" process has committed money laundering. Because Ji Mou is a self-strategy to "launder money", it is commonly known as "self-money laundering".

According to du Xuan, the procurator undertaking the case, according to the provisions of the "Amendment (ELEVEN) to the Criminal Law", after committing crimes by seven types of predicate criminals, such as drug crimes, organized crimes of a triad nature, terrorist activities, smuggling crimes, and corruption and bribery crimes, and who conceal or conceal the source and nature of the proceeds of crime, they shall be punished for several crimes and money laundering crimes, and will no longer be absorbed by the upstream crimes. "In the review of the case, we found that after the Criminal Law Amendment (XI) came into effect on March 1 this year, Ji did not take over, but still arranged for the outsourcing company to transfer the proceeds of corruption to the bank accounts of a number of people designated by him through the payment platform, so as to conceal and conceal the source and nature of the criminal proceeds, which constituted the crime of money laundering and should be punished together with the upstream crime, that is, the crime of embezzlement, so we prosecuted it for the crime of embezzlement and money laundering."

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Text | Luo Chengrui Ma Shengwei

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Nanjing Municipal People's Procuratorate's method of reporting on the elimination of organized crime and evil forces

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Mailing address: Nanjing Municipal People's Procuratorate, No. 108 Moling Road, Qinhuai District, Nanjing