Received more than ten dealers' property involving more than ten million yuan. A channel manager of Moutai was sentenced to seven and a half years in prison in the first instance
The Paper Journalist Wang Jian and intern Cai Li
Since the fall of Yuan Renguo, the former party secretary and chairman of Maotai Group in May 2019, more than a dozen people have been investigated in Maotai Group and related companies, many of which are related to the distribution rights of Moutai.
On February 22, China Judgment.com published the first-instance verdict of Li Maogang, the former channel management department manager of Moutai Liquor Sales Co., Ltd.
A review by the court revealed that from 2006 to 2018, defendant Li Maogang used his position to benefit multiple Moutai dealers from 2006 to 2018, and illegally received more than 10 million yuan in cash from dealers ( Among them, 3 million yuan is the suspension of the crime), 10 pieces of ingenious Moutai (equivalent to RMB 112.74 million) and US$25,000.
After the incident, Li Maogang has returned the stolen money of RMB 8.7 million and US$25,000.
On December 27, 2020, the Sansui County Court found that Li Maogang was guilty of accepting bribes, sentenced to seven years and six months in prison, and fined RMB 500,000; Li Maogang received bribes of RMB 10,567,400 and USD 25,000, which shall be recovered according to law , Turned over to the national treasury.
Received more than 10 dealers' property, involving more than 10 million yuan
Li Maogang was born in 1976.
The verdict showed that he was detained by the Sansui County Supervisory Committee of Guizhou Province on November 26, 2019 due to serious violations of discipline and law, and was detained by the Sansui County Public Security Bureau on July 16, 2020. July 22 of the same year He was arrested in accordance with the law.
The Sansui County Court found that from 2006 to 2018, Li Maogang served as assistant trainee, deputy manager, deputy manager and manager of the store management department in the Guangdong area of Kweichow Moutai Sales Co., Ltd. (hereinafter referred to as Moutai Sales Company) During the period, the deputy manager of the brand business department and the manager of the channel management department used the convenience of reviewing the distribution rights of Moutai, adjusting the increment of Moutai plans, and approving the distribution rights of Moutai group purchase rewards, for Cen Mou, Chen Mou 2, Liu Mou 2, Shan, Gong, Liu and others provided convenience and care to seek illegal benefits for the above-mentioned personnel. They received a total of 7.455 million yuan in cash from the above-mentioned personnel, 10 pieces of ingenuity Moutai worth 112.74 million yuan and 25,000 US dollars.
Another 3 million yuan was suspended for the crime.
The verdict shows that Li Maogang is more cautious and does not accept WeChat transfers.
He confessed that Liu 1 and his son Li 1 gave him 120,000 yuan in cash and 5 million US dollars respectively five times.
The first time was around the Mid-Autumn Festival in 2016. I can’t remember the exact time. Liu 1 first transferred 20,000 yuan to him via WeChat. At that time, he refused, and the WeChat platform automatically refunded the transfer 24 hours later.
Li Maogang confessed: "After a while, when Liu 1 came to Maotai to handle business, Liu 1 put a black plastic pocket on the coffee table in my office and told me that she was making money selling Moutai. This is hers. A little bit, thank me for caring about them. I said I didn’t care, and asked her to take back the plastic bag on the coffee table. Liu said it’s okay, and then she left my office. After I got off work, I opened the black plastic bag Liu put on the coffee table to see that it contained 3 sticks of money, each of which was 10,000 yuan, each with a denomination of 100 yuan."
In this case, the people who gave Li Maogang money had different demands.
For example, Xu hopes that his company’s Moutai distribution contract indicators will not be reduced or reduced, and he hopes that Li Maogang can help solve it; Wang is for the company he controls to obtain the distribution rights of Hanjiang liquor and obtain it under the care of Li Maogang. The distribution rights of Hanjiang liquor; Shan Mou is for the company he manages to become the pilot unit of Moutai Liquor Experience Hall, and he hopes that Li Maogang will take special care of it and give priority to recommendation; Zhang Mou 2, Lin Mou, Gong Mou and others respectively hope to violate the regulations. Li Maogang's help was obtained in matters such as the issue of regional sales of Moutai, handling the increase in Moutai blending, and restoring Moutai distribution business.
In the fact of taking bribes, Li Maogang’s self-documented materials on March 9, 2020 and his confession on March 10, 2020 confirmed that in 2016, in the process of Maotai Group’s application for the “National Wine Moutai” trademark registration with the State Administration for Industry and Commerce, Moutai Shanghai Haoze Trading Co., Ltd. controlled by Liquor Dealer Gong Mou was mistakenly believed to be involved in opposing Moutai Group's application for the registration of the "National Liquor Moutai" trademark, and all Moutai distribution business was suspended.
After that, the Channel Management Department of Moutai Sales Company drafted a report on the restoration of Moutai distribution business of a certain company in Gong, and submitted it to Moutai Sales Company, Legal Protection Office, and Moutai Co., Ltd. for signature after preliminary review by Li Maogang.
During the approval of the report by the relevant leaders of Moutai, one day in September 2017, Gong Mou, in order to thank Li Maogang for helping to speed up the coordination process, submitted a report on the restoration of the company’s Moutai distribution business as soon as possible to the company’s leaders for approval, and went to Li Maogang’s office to use The $20,000 in the envelope was given to Li Maogang.
According to the verdict, Li Maogang's biggest "grant" was Moutai dealer Cen Mou, who paid a total of 6 million yuan to Li Maogang, and another 3 million yuan in bribes was a criminal suspension.
The court found in the first instance that in January 2016, Li Maogang took advantage of his position as deputy manager of the brand business department of Moutai Liquor Sales Company to help the company actually controlled by Cen to obtain an increase of 6 tons of Moutai, and asked Cen to increase the amount of Moutai. The profit from the sale of 3 tons of Moutai liquor belongs to itself.
After Cen promised to give Li Maogang RMB 700,000, RMB 2.5 million, and RMB 2.8 million in cash for the incremental sales of 3 tons of Moutai in 2016, 2017, and 2018.
Regarding the profit in 2019, Li Maogang confessed that in the second half of 2018, Maotai Group Chairman Yuan Renguo and other high-level officials were taken away for investigation. In addition, Guizhou Province carried out special rectification actions against Maotai Group at that time. Cen called to talk about the profit in 2019. There were 3 million yuan, but he didn't dare to ask for it and asked Cen to keep it by himself.
Cen’s testimony showed that after the Maotai Group Disciplinary Committee approached him to talk, he paid 3 million yuan to the account designated by the Maotai Group Disciplinary Committee.
With surrender plot, sentenced to seven years and six months in prison
The Li Maogang case was reported by the dealer Shan Mou when he was questioned by the Supervisory Committee.
Relevant documentary evidence shows that on April 28, 2019, when the Qiandongnan Prefecture Supervisory Committee interrogated Shan, Shan confessed that he was in the process of operating the Moutai wine monopoly and had looked for it in June 2018 and September 2018. Li Maogang, Channel Manager of Moutai Sales Company, helped review the application materials for his Moutai Experience Hall and gave Li Maogang RMB 100,000 in two batches of 50,000 yuan each.
In September 2019, the Guizhou Provincial Commission for Discipline Inspection transferred Li Maogang and Moutai distributor Shan Mou to the Maotai Group for clues about the problem of improper economic contacts.
On November 8, 2019, when the Office of the Disciplinary Inspection Commissioner of Moutai Group had a conversation with Li Maogang, Li Maogang confessed that he had found a Guangdong distributor, Cen Mou, by adding 6 tons of Moutai for Cen Mou’s company, and the sales profit of 3 tons of Moutai would go to him. All the facts, as well as the fact that Shan Mou received a total of 100,000 yuan twice.
On November 8, 2019, when Li Maogang was interviewed by the relevant disciplinary inspection department, he took the initiative to confess the fact that the organization had not yet grasped the fact that he had participated in dividends of 6 million yuan in the form of dry shares.
After the Qiandongnan Prefecture Supervision Commission designated Li Maogang's suspected bribery case to be investigated by the Sansui County Supervisory Commission, it took lien measures against Li Maogang on November 25, 2019, and then took Li Maogang to the Qiandongnan Prefecture Supervision Commission lien, except for truthful confession in Moutai In addition to the issues that the Commission for Discipline Inspection confessed during the conversation, Li Maogang also took the initiative to confess to the Moutai dealers Xia, Zhang 1, Wang, Zhang 3, Sha, Gong, Xu, Pan, Chen 2, and Liu. 2. Liu and Lin's criminal facts.
After the trial, the Sansui County Court held that the defendant Li Maogang, as a national worker, used the convenience of his position to seek benefits for others, and illegally received RMB 7.455 million in cash, ingenuity Moutai worth RMB 112.74 million and US$25,000. The amount is extremely large, and his behavior has constituted the crime of accepting bribes and should be punished according to law.
In addition, the court held that the defendant Li Maogang and Cen agreed in advance that the defendant used his position to provide assistance to Cen in approving the increase in Moutai liquor. Cen paid bribes to the defendant in the form of annual dividends, which is a typical power and money. The method of accepting bribes does not affect the composition of the crime of accepting bribes. The fact of the crime is a continuous whole. It is not appropriate to evaluate the fact of receiving cash each year as a separate criminal composition. Accepting bribes in the form of dividends each year is only a quantitative criminal fact. Be recognized.
Defendant Li Maogang, after receiving bribes from 2016 to 2018, has not yet received the 3 million yuan prepared by Cen for his fear of revealing the crime. Although the 3 million yuan was not actually received, he still committed the crime as the defendant. The illicit money involved in the act shall be identified and collected according to law.
After the trial, the court held that the defendant Li Maogang took the initiative to surrender and truthfully confessed the main facts of the crime. He had surrendered and the punishment was mitigated in accordance with the law; sincerely repented and actively returned most of the stolen money, he could be given a lighter punishment at his discretion;
On December 27, 2020, the Sansui County Court found that the defendant Li Maogang was guilty of accepting bribes, sentenced to seven years and six months in prison, and fined RMB 500,000; the defendant Li Maogang received a bribe of RMB 10,567,400 (including Cen Mou) The 3 million yuan) and 25,000 US dollars that have been turned in shall be recovered according to law and turned over to the state treasury.