Sentenced for embezzlement

  On August 19, 2020, the People’s Court of Zhanyi District, Qujing City, Yunnan Province issued a judgment of first instance: Sun Fuyun, the former cashier of the Shiyang Community Residents Committee of Longhua Sub-district Office, Zhanyi District, was sentenced to 1 year and 8 months imprisonment for corruption. , And fined RMB 100,000.

The verdict has come into effect.

  When he first heard the verdict, Sun Fuyun was a little difficult to accept, because in this case involving five people embezzling a total of 387,000 yuan, he didn't get any money.

  Chen Chaohui, chief of the Criminal Tribunal of the Zhanyi District People’s Court, said: “This case is a joint corruption crime. The key to the determination is whether it violates the property relationship and the integrity of the job protected by the criminal law, rather than the amount of property. No stolen money was received. It does not affect the conviction, and can only be used as a circumstance to be considered when sentencing."

  At the end of last year, the Commission for Discipline Inspection of Zhanyi District received clues on related issues from the relevant departments regarding Ma Xiancheng, Secretary of the Party Branch of Shiyang Community, Longhua Street, and Bao Defei, Director of the Community Neighborhood Committee, and filed the case according to procedures.

When reviewing the Shiyang Community’s accounting vouchers, the review and investigation team found in the list of land lease contracts and redemption documents attached to a transfer voucher of the Xuanqu Expressway land acquisition compensation payment that the community had leased collective land to individuals , And cash compensation for collective land to individuals.

  The review and investigation team immediately found Zhang, the lessee who leased collective land, to talk, and retrieved relevant bank transfer records, and found that on the second day after the land acquisition compensation was redeemed, Zhang transferred 887,000 yuan of the compensation to Baodefei .

  Feeling that something is strange, the investigation team immediately followed the clues and conducted an in-depth investigation. It was found that during the land acquisition and demolition of the Shiyang section of the Xuanqu Expressway, the area of ​​Zhang’s expropriated land measured by Ma Xiancheng was 33.3 mu.

According to the original Zhanyi County People's Government Office issued in June 2014, the compensation standards for land acquisition and demolition for the construction of the Zhanyi section of the Xuanqu Expressway, the amount of compensation payable for 33.3 mu is 1,474,900, which is not in line with the actual redemption of 1,861,940.

  The review and investigation team then found Ma Xiancheng, who was in charge of land surveying, to understand the situation.

Ma Xiancheng saw that the paper could not contain the fire, so he told the truth.

It turned out that after the land survey, Ma Xiancheng approached Baodefei to discuss the additional 9 mu of land requisitioned by Zhang as the "hard expenses" of the community cadres. Later, he separately collected Bao Deyong, the deputy secretary of the community party branch, and the community neighborhood committee. The deputy director Ma Caifang and the cashier Sun Fuyun agreed, and agreed to privately divide the compensation according to the standard of 2 mu each for Ma Xiancheng, Baodefei, Baodeyong, Ma Caifang and 1 mu for Sun Fuyun.

Ma Caifang and Sun Fuyun were specifically responsible for land acquisition business reporting and compensation payments.

  On September 29, 2015, Zhang’s land acquisition compensation payment was redeemed at 1,861,94 million yuan, including 387,000 yuan that Baodefei and others falsely reported the area.

After the money arrived in Zhang's account, Baodefei and others began to plan how to take the money out and divide it privately.

  The next day, Baodefei invited Zhang and his wife Ma Xiancheng to have dinner in the county town. During the dinner, Baodefei asked Zhang and his wife to borrow 500,000 yuan.

Fear of Bao Fei’s usual arrogance, Zhang and his wife finally compromised. After the meal, accompanied by the cashier of Shiyang Joint Development Company, they went to the bank and transferred the loan of 500,000 yuan and 387,000 yuan to Baodefei. Account.

Things have changed here. After receiving the money, Baodefei never mentions the private share. Although Ma Xiancheng and others urged him many times, Baodefei promised to have money because of his tight business funds. Divide later.

  "I was fascinated for a while, because the business capital chain was broken and the debt was too much, so I cooperated with them to set up the money, and even swallowed it." Seeing the evidence presented by the review and investigation team, I had to admit it.

  On May 18, 2020, the Zhanyi District Supervisory Committee transferred Bao Defei and others suspected of duty crimes to the District Procuratorate for review and prosecution.

On June 23, the district procuratorate filed a public prosecution with the district people’s court.

  On July 27 this year, the Zhanyi District People’s Court made a first-instance verdict: Baodefei was sentenced to 3 years and 6 months imprisonment for corruption crimes and a fine of RMB 500,000; Ma Xiancheng was sentenced to 4 years imprisonment and fined for corruption crimes. Gold RMB 400,000 (and other corruption facts); Bao Deyong was sentenced to 3 years imprisonment for corruption crimes and a fine of RMB 200,000 (and other corruption facts); Ma Caifang was sentenced to fixed-term imprisonment for corruption crimes 2 In 2015, he was fined 100,000 yuan.

Because the four had other criminal acts, Baodefei executed 20 years imprisonment and fined RMB 3.3 million for the combined sentence; Ma Xiancheng executed 16 years imprisonment and fined RMB 1 million; Bao Deyong executed fixed-term imprisonment 15 years and 10 months, and fined RMB 650,000; Ma Caifang was sentenced to 5 years in prison and fined RMB 140,000.

  The relevant person in charge of the Commission for Discipline Inspection of Zhanyi District said that although Sun Fuyun did not actually share the stolen money in this case, he participated in the whole process of the crime and was a crime completed.

This also educates party members and cadres to avoid greed and not cross the bottom line, otherwise, in the end, they may be stolen.

(Our reporter Yin Jian)