criminal judgement
(20 14) No.603 Xing Zi Chu
Public prosecution organ Wuyi County People's Procuratorate.
Defendant Xu. Wuyi county people's procuratorate.
Defender Guo Chunying.
Wuyi county people's procuratorate accused the defendant Xu of accepting bribes with indictment no 1004 of 20041February 16. (20 14) 154 1, filed a public prosecution with our hospital on 20 14129 October. Our college shall form a collegiate bench according to law and apply summary procedure. In the same year 165438+ 10/2, the case was heard in public. The People's Procuratorate of Wuyi County appointed the prosecutor Zhu Juwei to appear in court to support the public prosecution, and the defendant Xu and his defender attended the lawsuit. The trial is now over.
It was found through trial that during the period from 20 1 1 to 20 14, the defendant Xu took advantage of his position in charge of industry to seek benefits for others and illegally accepted the property of Yan, Hu, Ying and Xia in Wuyi County. It is convenient for them to take care of industrial land indicators, planning and construction projects. And cash, shopping cards, cigarette tickets, mobile phones and other bribes. The value is 245,000 yuan. Details are as follows:
During the period of 1, 20 1 1 to 20 14, the defendant Xu illegally accepted the mobile phone, shopping card and cigarette ticket bribed by Yan of Zhejiang Chijiang Industry and Trade Co., Ltd., totaling RMB 1 12000 yuan.
2.20 1 1 month, defendant Xu illegally accepted 20,000 yuan in cash and 30,000 yuan in shopping cards of Hangzhou Tower from Hu of Zhejiang Hanlis Ship Propulsion System Co., Ltd., totaling 50,000 yuan.
3.20 13 to 20 14, the defendant Xu illegally accepted Yingmou from Zhejiang Yingcheng Industry and Trade Co., Ltd., and bribed the gift card twice, totaling RMB 30,000.
4.20 13 August, the defendant Xu illegally accepted a gift card 10000 and a cigarette ticket 19000 worth of 9000 yuan from Xia of Wuyi Jiaping Fitness Equipment Co., Ltd., totaling 19000 yuan.
5.2065438+In September, 2003, the defendant Xu entered Wuyi County, and illegally accepted the gift cards of Futailong Supermarket from Wuyi Lyman Automobile Electronics Co., Ltd., totaling RMB 10000.
Before the Spring Festival in 6.20 14, the defendant Xu illegally accepted the Yintai shopping card 10000 yuan bribed by Huang of Zhejiang Longtai Holding Group Co., Ltd.
7.2065438+On May 9, 2004, the defendant Xu illegally accepted the VIP consumption card of Wuyi Red Tobacco Hotel bribed by Pan Moujia of Zhejiang Rongrong Industrial Co., Ltd., totaling RMB 10000.
8.2065438+In June 2004, the defendant Xu illegally accepted a gift card of 4000 yuan from Futailong Supermarket bribed by Jinding Construction Company in Wuyi County.
20 14, 12 On July 2, the defendant Xu was summoned to the case by the procuratorate, truthfully confessed the criminal facts that the procuratorate had not yet mastered, and returned the illegal money of RMB 245,000.
For the above facts, the defendant Xu pleaded guilty voluntarily and had no objection during the court trial, and he had documentary evidence such as household registration certificate, employment documents, the process of being brought to justice, Wuyi county government documents, instructions on increasing the index of construction land, construction land use right transfer contract, bid-winning notice, contract agreement, relevant submission forms, meeting minutes, stolen goods return invoice, etc. The testimony of Yan, Hu, Ying, Xia, Xu, Huang, Pan Moujia, Pan Mouyi, Li, Ren and others is enough to confirm.
Our court believes that the defendant Xu took advantage of his position to seek benefits for others and accepted bribes of RMB245,000 when he was the chief of the Industrial Communication Section, the chief of the Development Section, the deputy director of the Emergency Office and the deputy secretary of the Party Working Committee of Hushan Street in Wuyi County, which constituted the crime of accepting bribes. The accusation of the public prosecution agency is established and our court supports it. After the defendant Xu was brought to justice, he truthfully confessed the criminal facts that the procuratorate had not yet mastered. In the trial, he voluntarily pleaded guilty, surrendered himself and returned the stolen money. His defender's defense opinion requesting Xu to reduce punishment was established and adopted. In order to maintain the integrity of state functionaries and the normal activities of state organs and punish crimes, according to the provisions of Article 385, paragraph 1, Article 386, Article 383, paragraph 1, Item 1, Paragraph 2, Article 93, Article 67, paragraph 2 and Article 64 of the Criminal Law of People's Republic of China (PRC), the verdict is as follows:
1. Defendant Xu was convicted of accepting bribes and sentenced to nine years' imprisonment (if he was detained before the execution of the judgment, one day of detention will be reduced to one day, that is, from July 20, 2065438 to July 20, 2023,11);
Two, Wuyi County People's Procuratorate seized the defendant Xu's illegal income of 245 thousand yuan, confiscated, and turned over to the state treasury by the seizure unit.
If you refuse to accept this judgment, you can appeal to the Intermediate People's Court of Jinhua City, Zhejiang Province through our court or directly within ten days from the day after receiving the judgment. If a written appeal is filed, one original and two copies of the appeal shall be submitted.
For more information, please refer to:/zgcpwsw/ZJ/zjsjhszjrmfy/wyxrmfy/xs/201/t 20150105 _ 613376/.