Li Jianxin, former deputy director of the Xinjiang Housing and Construction Department, was sentenced to 11 years in prison, and the Subsidiary of Greentown Real Estate was involved in the case

Li Jianxin, former secretary of the party group and deputy director of the Xinjiang Department of Housing and Urban-Rural Development, has served in the Xinjiang housing and construction system for many years, opening up financial roads and paying bribes to dozens of enterprises, including many subsidiaries of Greentown Real Estate Group Co., Ltd. and other famous real estate enterprises.

Among them, the relevant responsible persons of 9 enterprises did not have specific entrustment matters, only to maintain the relationship and send money for Li Jianxin. Li Jianxin once confessed that he would take the initiative to ask the other party if he had anything to help solve, or when the other party did not propose, he would also help at work.

On April 5, the China Judgment Documents Network published a first-instance judgment rendered by the Urumqi Intermediate People's Court in Xinjiang on Li Jianxin's case, which disclosed 37 cases of Li Jianxin's bribery.

The court found that between 1997 and 2016, Li Jianxin took advantage of his position to provide assistance to others in project bidding, contracting projects, qualification assessment, job transfers, and applying for planning permits, accepting bribes of more than 8.19 million yuan, and more than 5.7 million yuan of property could not be explained as the legal source, committing the crime of accepting bribes and the crime of having a huge amount of property of unknown origin, and was sentenced to 11 years in prison.

The Paper (www.thepaper.cn) noted that Li Jianxin, without the knowledge of the case-handling organs, explained the quantity and place of storage of huge amounts of property he held of unknown sources, which was determined by the court to be voluntary surrender and mitigated punishment according to law.

37 bribery facts: to provide assistance to enterprises in bidding and bidding

The 63-year-old Li Jianxin has served as deputy secretary of the Korla Municipal Party Committee, secretary and director of the Bazhou Construction Bureau, deputy director and director of the Xinjiang Construction Department, and secretary of the party group and deputy director of the Xinjiang Housing and Urban-Rural Development Department. On March 18, 2016, the Xinjiang Discipline Inspection Commission filed a case against Li Jianxin for serious disciplinary violations.

On January 18, 2017, the Urumqi Intermediate People's Court in Xinjiang held a public trial of Li Jianxin's bribery and huge amount of assets of unknown origin, and on March 31, it rendered a first-instance judgment, finding 37 facts alleged by the prosecution.

The judgment found that Li Jianxin accepted bribes from the relevant responsible persons of Xinjiang CommScope Construction Investment (Group) Co., Ltd., Xinjiang Sanxin Mechanical and Electrical Equipment Co., Ltd., Xinjiang Architectural Design and Research Institute, Changji Shengye Supervision Company, Xinjiang Huayuan Group, Xinjiang Tuoda Construction Company, Jiangsu Sunan Construction Group Co., Ltd., and other relevant responsible persons, and provided assistance in project bidding and contracting.

In addition, Li Jianxin also accepted bribes to provide assistance for fuxing group and xinjiang tianshan hongji real estate development co., LTD., Xinjiang Zhongda power design co., LTD., Xinjiang Kunlun construction company, Urumqi Henry Yuan decoration design company and other companies qualification assessment, upgrading, enterprise annual review and so on.

From 2011 to 2016, Li Jianxin took advantage of his position to help Hami Hua'ao Trading Co., Ltd. apply for permission to plan for highway gas stations, and repeatedly accepted 330,000 yuan in cash from Zang, plus two PetroChina fuel cards worth 20,000 yuan.

Enjoying the developer's home purchase discount is considered to be a bribe

The Paper noted that the Urumqi Procuratorate alleged that between 2009 and 2014, Li Jianxin took advantage of his position to purchase the Greentown Lily Apartment in Urumqi in the name of his relatives, and accepted more than 369,000 yuan of housing concessions from Xinjiang Junfa Greentown Real Estate Development Co., Ltd. beyond a reasonable range, and at the same time accepted 48,000 yuan from Yan Moumou, general manager of Xinjiang Greentown Real Estate Investment Co., Ltd., for many times.

According to the National Enterprise Credit Information Publicity System, Greentown Real Estate Group Co., Ltd. is a shareholder of Xinjiang Junfa Greentown Real Estate Development Co., Ltd. and Xinjiang Greentown Real Estate Investment Co., Ltd., and the proportion of paid-up capital contribution accounts for 50% and 75% respectively.

During the trial, Li Jianxin's defense lawyer proposed that Li Jianxin only paid a deposit of 1 million yuan to buy a house in Greentown Lily, and did not pay the full amount, so the real estate company had not yet handed over the house, and the preferential benefits given by the other party had not been obtained by Li Jianxin, and the expected benefits could not be identified as bribes.

According to the Urumqi Intermediate People's Court, the 2003 SPC's 2003 SPC's Minutes of the National Symposium on the Trial of Economic Crime Cases mentioned the issue of the completion of the acceptance of property, and the standard should be whether the perpetrator actually controls the property.

The Urumqi Intermediate People's Court held that in this case, Li Jianxin had signed a pre-sale contract for commercial housing with the developer and paid a deposit of 1 million yuan, the real estate company had issued a receipt, assigned a specific room number, and taken the door key, although Li Jianxin did not pay the remaining house payment on time, but had actually controlled the house for up to three years, the real estate company would not claim rights against the house, and the defendant could exercise the relevant rights, or resell it to others, or transfer it to his own name. Therefore, Li Jianxin's behavior was a complete crime, not that the defender's statement was only expectant of benefits, and his opinion that the house purchase concession could not be recognized as a bribe was not established.

9 people have no specific request to send money only to maintain the relationship

The first-instance judgment also shows that some people sent money to Li Jianxin for the sake of business relations, and there were a total of 9 cases of bribery.

During the trial, Li Jianxin's defender pointed out that among the 9 bribery facts, the briber had a personal relationship with Li Jianxin, although he sent money to Li Jianxin, but Li Jianxin did not take advantage of his position, the other party did not ask for entrustment, the amount of money given each time was not large, the spacing time was long, and the selection was during the New Year's Festival, there were factors of personal exchanges and courtesies, which were different from the bribery under the power and money transaction.

The Urumqi Intermediate People's Court held that the amount of money sent by the other party every New Year's Festival was more than 10,000 yuan, which was quite different from the amount of ordinary personal contacts. From the perspective of the purpose of the other party to give money, although there is no specific request for entrustment, but to maintain this relationship is also for future business activities, in case of emergency, and Li Jianxin also knows that the other party sends money based on his position when receiving money and goods, sooner or later there is a demand for him, so in Li Jianxin's confession, he will take the initiative to ask the other party if he has help to solve things, or when the other party does not propose, he will also help at work.

Therefore, the Urumqi Intermediate People's Court held that in these facts, the two sides did not belong to normal personal exchanges or courtesy exchanges, but were bribery acts under the transaction of power and money.

In addition, among the bribery facts determined by the Urumqi Intermediate People's Court in the first instance, there were 4 cases of Li Jianxin accepting bribes to facilitate the placement of others for work and job promotion.

The Urumqi Intermediate People's Court held that Li Jianxin's reporting and exposing others' crimes during the "shuanggui" period was verified to be true and he had meritorious performance; moreover, he confessed guilt better after being arrested, voluntarily confessed most of the facts of bribery that the investigating organs did not grasp, had frank circumstances, voluntarily returned all the stolen money, showed remorse, and punished him for accepting bribes according to law. Li Jianxin, in the absence of the case-handling organs, explains that the amount of huge amounts of assets he holds of unknown sources, the place where they are stored, and so forth, shall be found to be "truthfully confessing his crimes", and the crime of having a huge amount of assets of unknown origin may be found to be voluntary surrender, and the punishment shall be mitigated in accordance with law.

In the end, the Urumqi Intermediate People's Court found Li Jianxin guilty of accepting bribes in the first instance and sentenced him to 10 years' imprisonment and a fine of 600,000 yuan; for the crime of having a huge amount of assets of unknown origin, he was sentenced to three years' imprisonment, several crimes at the same time, and decided to carry out the fixed-term imprisonment for 11 years and a fine of 600,000 yuan.