A real estate company was disclosed to deliver a house to Guo Jizhuang, the former president of China Construction Bank Qinghai Branch.
On April 1, a judgment published by China Judgment Documents Network showed that Shaanxi Keda Real Estate Development Co., Ltd. and Zheng Jikui, the company's former legal representative, bribed Guo Jizhuang for a house worth more than 2.32 million yuan, which was arrested by the city center of Xining, Qinghai. The District People's Court found the crime of bribery by the unit in the first instance, and sentenced them to a fine of 1 million yuan and a fixed-term imprisonment of nine months, suspended for one year.
According to public resumes, Guo Jizhuang served as the director of the Xi'an Audit Department of China Construction Bank from 1999 to 2006.
Later, in August 2006, he served as Deputy Secretary of the Party Committee and Vice President of CCB Qinghai Branch; 7 months later, he was promoted to Secretary of the Party Committee and President of CCB Qinghai Branch.
In September 2015, Guo Jizhuang, 62, retired.
Peng Mei News previously reported that Guo Jizhuang was accused of taking bribes equivalent to more than 37.73 million yuan. Three Xining City courts successively announced that four companies in Qinghai paid Guo Jizhuang a total of more than 22 million yuan.
One greeting, 30 million loan, and a house after more than ten years
Guo Jizhuang, born in 1953, worked for China Construction Bank for 38 years until his retirement in 2015.
After nearly 5 years of retirement, in June 2020, Guo Jizhuang was investigated by the Disciplinary Inspection and Supervision Team of the Central Commission for Discipline Inspection and the National Supervision Commission of the Central Commission for Discipline Inspection of China Construction Bank and the Qinghai Provincial Supervision Commission in June 2020.
From June 2 to 14, 2020, the CCB Disciplinary Inspection and Supervision Team set up an inspection team to go to the Qinghai Branch to conduct preliminary verification of the problems reported by Guo Jizhuang. It was found that Guo Jizhuang was suspected of violating the integrity discipline and was suspected of accepting real estate from credit customers. On June 23 of the same year A case was filed against Guo for alleged disciplinary violations.
Subsequently, relevant enterprises and legal representatives of enterprises suspected of offering bribes to Guo Jizhuang were detained by the Qinghai Provincial Supervisory Committee.
The verdict shows that on October 28, 2020, the Qinghai Provincial Supervisory Committee decided to file a case for investigation into Zheng Jikui's alleged unit bribery.
According to the Chengzhong District Court of Xining City, in 2001, Shaanxi Keda Real Estate Development Co., Ltd. encountered financial difficulties when developing the Xi'an Oriental Garden real estate project, and applied for a loan to the Xincheng Sub-branch of China Construction Bank Xi'an Branch. Zheng Jikuin, the legal representative of the company He was unfamiliar with Chen, who was then the president of Xincheng Sub-branch. In order to get the bank loan approved as soon as possible, he asked Guo Jizhuang, then the director of the Xi'an Audit Branch of China Construction Bank, to help.
After being greeted by Guo Jizhuang, Chen relaxed the conditions, accepted and submitted for approval in advance, so that Shaanxi Keda Company successfully obtained a loan of 30 million yuan.
In June 2013, in order to thank Guo Jizhuang for his help in loan approval, Zheng Jukui gave Guo Jizhuang a house developed by Shaanxi Keda Company in the Royal Mansion Community at No. 98, Xiaozhai West Road, Xi'an City.
In the same year, Guo Jizhuang renovated the house. After the renovation was completed in 2014, he successively moved his personal belongings to the house and moved in in 2015.
In 2017, when CCB head office inspected and investigated Guo Jizhuang-related issues, Guo Jizhuang was worried that the matter would be exposed, that is, he signed a commercial housing sales contract with Shaanxi Keda Company in the name of his daughter, and transferred it to Shaanxi Keda Company through his financial planner Xue Mou in July of the same year. 1.5884 million yuan.
Appraisal: the house price is 2.329474 million yuan.
According to Guo Jizhuang, after he said hello to Zheng Jukui, the loan of 30 million yuan was successfully approved, and then his relationship with Zheng Jukui became closer.
In 2013, because the house assigned to him by the Shaanxi Branch of China Construction Bank was to be taken back, when he was having dinner with Zheng Jikui in Xi'an, he told Zheng Jukui that the original house would be taken back, so that there would be no house to live in Xi'an.
Zheng Jikui said that he has several houses in the royal mansion he developed in Xi'an. One of the houses on the 28th floor is quite large. If he could give it to him, he agreed. After a while, he went to see the house and was very satisfied. , I asked Zheng Jikui how to calculate the money for the house. The other party said, "You can live in the house, you don't want the money."
Later, Zheng Jikui gave him the key to the house. In the same year, he began to decorate the house and officially began to live in 2015.
Court: Failure to change ownership registration does not affect bribery
The verdict shows that Fu Zhengdao, the litigation representative of Shaanxi Keda Company, the defendant, and Zheng Jikui, the defendant, had no objection to the criminal facts, charges and sentencing recommendations alleged in the indictment during the trial, and expressed their willingness to plead guilty and accept punishment.
However, the defendant unit and the defendant's defender pointed out that the loan project involved was a normal credit project and met the lending conditions. The ownership is still Shaanxi Keda Company, and Zheng Jikui paid bribes with the residence right of the house.
In response to the defense opinion put forward by the defender, the court held that Zheng Jukui's confession and the testimony of Guo Jizhuang and others corroborated each other, confirming that Zheng Jukui sent the house to Guo Jizhuang in order to thank Guo Jizhuang for his help in loan matters.
In 2013, after Zheng Jukui bribed Guo Jizhuang for the house, Guo Jizhuang began to renovate the house in the same year and moved in in 2015. Although the house has not been transferred, in fact, the house was actually controlled and used by Guo Jizhuang in 2013.
According to Article 8 of the Opinions of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Law in Handling Criminal Cases of Accepting Bribery, that is, the Opinion on Handling the Issue of Bribery Items without Change of Ownership: State functionaries use the convenience of their positions to If the trustee seeks benefits and accepts the trustee's house, car, etc., without changing the ownership registration or in the name of another person to handle the ownership change registration, the determination of accepting bribes will not be affected.
Therefore, although the house that Zheng Jikui gave to Guo Jizhuang has not changed the ownership registration, it does not affect the determination of accepting bribes.
The court held that Shaanxi Keda Real Estate Development Co., Ltd., the defendant unit, gave a set of houses to state staff, worth RMB 2,329,474, in order to seek illegitimate interests. Zheng Jikui is the legal representative of the company, and he specifically committed bribery. He is the person directly responsible for the bribery of the unit, which also constitutes the crime of bribery by the unit, and should be punished.
On February 18, 2022, the Chengzhong District Court of Xining City made a first-instance verdict: Shaanxi Keda Real Estate Development Co., Ltd., the defendant, committed the crime of bribery and was sentenced to a fine of RMB 1 million; the defendant, Zheng Jikui, committed the crime of bribery, and was sentenced to nine fixed-term imprisonment. month, probation for one year.
The Paper reporter Zhuang An