On September 26th, 20001year, Li Bo was criminally detained on suspicion of accepting bribes, and was arrested on June 65438+ 10/0 of the same year. The Kunming Intermediate People's Court found through trial that the defendant Li Bo and his father Li Jiating took advantage of Li Jiating's position and accepted the entrustment of Yang Rong, the chairman of Hong Kong Huande Co., Ltd. (handled separately) to help him export cigarettes and cooperate with Yunnan Petroleum Company. Li Bo illegally accepted HK$ 5.6 million from Yang Rong for three times. In which: 1,1997 65438+1October 2 1, defendants Li Bo and Li Jiating accepted a cash check from Yang Rong for 5 million yuan; 2.1September 1999, the defendants Li Bo and Li Jiating accepted HK$ 300,000 from Yang Rong; 3. On June 5438+ 10, 2000, the defendants Li Bo and Li Jiating accepted HK$ 300,000 from Yang Rong.
In addition, the defendant Li Bo and his father Li Jiating * * * took advantage of Li Jiating's position to accept the request of Li Jun, the chairman of Yunnan Junfa Real Estate Co., Ltd. (handled separately). Li Bo came forward to collect the property. Li Jiating helped Li Jun to develop the market reconstruction project of Kunming Luosi Bay and the residential community project of the Expo Park, and together with Li Bo, illegally accepted RMB 9.5 million from Li Bo. In which: 1,1In May 1997, Li Jiating accepted Li Jun's entrustment according to the prior agreement with Li Bo through the intermediary of the defendant Li Bo to help Li Jun and others undertake the renovation project of Kunming Luo Jing Bay market. To this end, Li Bo accepted Li Jun's RMB 5 million and informed Li Jiating of this situation; 2. 1998 10, through the intermediary of the defendant Li Bo, Li Jiating accepted Li Jun's request according to the agreement with Li Bo in advance, and provided help for Li Jun to obtain the development right of 700 mu of land in the residential area project of Kunming World Expo Park and reduce the road construction subsidy for the project. Therefore, Li Bo accepted RMB 4.5 million from Li Jun in the form of debt repayment, and informed Li Jiating of this situation.
The above facts show that Li Bo and his father Li Jiating took bribes of RMB 9.5 million and HK$ 5.6 million, equivalent to RMB 65,438+05,502,080. The above-mentioned illicit money was recovered after the incident.
On August 1 day, 2003, Kunming Intermediate People's Court sentenced Li Bo to fixed-term imprisonment 15 for accepting bribes, and the recovered money was turned over to the state treasury.
After the verdict was pronounced in the first instance, Li Bo appealed to the Higher People's Court of Yunnan Province, on the grounds that he did not ask for bribes in his bribery with Li Jiating, and he was an accessory and should be given a lighter punishment according to law. His defenders, lawyers Ma Jun and Luo Tao of Yunnan Xu Zhen Law Firm, also put forward their defense opinions, arguing that Li Bo did not ask for bribes in his bribery, which was subordinate and played a secondary role, and should be regarded as an accessory and should be given a lighter punishment according to law.
The Higher People's Court of Yunnan Province held that the appellant Li Bo, together with his father Li Jiating, took advantage of Li Jiating's position to accept huge bribes from others, which had violated the criminal law and constituted the crime of accepting bribes, and should be punished according to law. As for Li Bo's appeal reason that he didn't ask Li Jun for bribes, verified facts and evidence confirmed that Li Bo and Li Jiating had the intention to take bribes illegally by taking advantage of Li Jiating's position before accepting bribes. During their stay in Hong Kong, they knew that their father, Li Jiating, took advantage of his position to seek benefits for Yang Rong, but they still accepted huge bribes from Yang Rong and deposited the money they received into an account controlled by their family according to their father's will. In the process of committing the same crime,
In the process of the defendants Li Bo and Li Jiating accepting bribes from Li Jun, Li Bo took the initiative to determine the so-called investment project with Li Jun. After the two discussed the amount of bribes, Li Bo told his father Li Jiating that Li Jiating took advantage of his position to let Li Jun's company get the project and accept bribes afterwards. Therefore, Li Bo's behavior of accepting bribes from Li Jun also constitutes a crime of accepting bribes, and it has the circumstances of asking for bribes, so Li Bo's demands should be severely punished according to law.
According to the status, function and circumstances of the crime committed by * * *, Li Bo was given a lighter punishment according to law. The judgment was not improper and the trial procedure was legal. Therefore, the appeal was dismissed and the original judgment was upheld.