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People' Procuratorate of Beijing Municipality v. Shen Taifu (Case on Corruption and Offering Bribes)
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沈太福贪污、行贿案
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【法宝引证码】
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- Type of Dispute：
Criminal--＞Graft & Bribery
- Legal document：
Ruling
- Judgment date：
04-08-1994
- Procedural status：
Death Penalty Review
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People’ Procuratorate of Beijing Municipality v. Shen Taifu (Case on Corruption and Offering Bribes)
(Case on Corruption and Offering Bribes)
沈太福贪污、行贿案
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People' Procuratorate of Beijing Municipality v. Shen Taifu
(Case on Corruption and Offering Bribes) | | 沈太福贪污、行贿案 |
BASIC FACTS | |
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Defendant: Shen Taifu, male, 39, former president of Beijing Great Wall Electromechanical Technology Industrial Company. He was arrested on April 18, 1993. | |
被告人沈太福，男，３９岁，原系北京市长城机电科技产业公司总裁，１９９３年４月１８日被逮捕。 |
PROCEDURAL POSTURE | |
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The branch of the People's Procuratorate of Beijing Municipality lodged a prosecution to the Intermediate People's Court of Beijing Municipality (hereinafter referred to as Beijing Intermediate Court) against Shen Taifu (defendant, Shen hereafter) for the crime of corruption and the crime of offering bribes. | |
北京市人民检察院分院以被告人沈太福犯贪污罪、行贿罪，向北京市中级人民法院提起公诉。 |
It was found out by Beijing Intermediate Court after trial: | |
北京市中级人民法院经审理，查明： |
When Shen served as president of Beijing Great Wall Electromechanical Technology Industrial Company (hereinafter referred to as Beijing Great Wall Company), he filled out a loan certificate valued at 1 million yuan on March 2, 1993 on the pretext of borrowing loans for buying electric motors, and instigated Sun Jihong (Shen's wife, defendant in the same case, who has been sentenced, Sun hereafter) to use this loan certificate to withdraw 1 million yuan of publicly raised money from the fund raising department of the Company. He deposited the money into bank separately on March 18 and March 22 using Sun's name as the depositor. Subsequently, Sun required an accountant of the Company's accounting department to record Shen's 1 million yuan of personal loans on the account of Shenzhen Taifu Company's 1 million yuan of payment for electric motors, and then illegally possessed this sum of funds. After the compulsory measure was taken upon Shen, Sun returned the bank deposit certificate of 1 million yuan to Beijing Great Wall Company on April 5, 1993. | |
被告人沈太福在担任北京长城机电科技产业公司（以下简称北京长城公司）总裁期间，于１９９３年３月２日，以借电机款的名义，填写一张人民币１００万元借款单，指使孙继红（沈太福之妻，同案被告人，已判刑）凭此借款单从该公司集资部提取社会集资款人民币１００元，并用孙继红的名字分别于同年３月１８日、２２日存入银行。尔后，孙继红让本公司财务部会计从记有沈太福个人借款１００万元的帐上，改记到付深圳太福公司电机款１００万元帐下，从而将该款非法占为已有。沈太福被采取强制措施后，孙继红于１９９３年４月５日将１００万元银行存单，交还北京长城公司。 |
Shen instigated You Chengshun (president of Shenzhen Taifu Company, You hereafter) and some others in February 1993 to issue false invoices of Shenzhen Taifu Company on sale of electric motor products in January and February, and to falsely report 205 million yuan of sales volume to the taxation authority. In March, pursuant to Shen's instigation, You drafted a board resolution that allowed Shen to withdraw the patent royalty from Shenzhen Taifu Company at a proportion of 10% of sales volume, and antedated the resolution as January 4, 1993. On March 21 and 23, Shen successively filled two documents respectively stating 1 million yuan on the pretext of withdrawing royalty for borrowing patent fund. He used one document to withdraw 1 million yuan from Shenzhen Taifu Company, and handed another document to You for withdrawing cash on behalf of him. Among the 1 million yuan of so-called commission he withdrew, Shen offered 400,000 yuan to Sun, and Sun deposited the money into the Fund Raising Department of Beijing Great Wall Company (recovered after the case occurred) in her own name. Shen offered the remaining 600,000 yuan to some others (482,000 yuan was recovered after the case occurred). As for the 1 million yuan of cash withdrawn by You on behalf of Shen, You, et al decided to use the money to pay 320,000 yuan of individual income adjustment tax on behalf of Shen after the compulsory measure was taken upon Shen, so as to offset 680,000 yuan of part of the personal loans which Shen borrowed from Shenzhen Taifu Company. | |
被告人沈太福于１９９３年２月，指使深圳太福公司总裁尤成顺等人，开具深圳太福公司同年一、二月份销售电机产品的虚假发票，并向国家税务机关谎报销售额２０，５００万元。３月，沈太福指使尤成顺拟定了沈太福可按销售额１０％的比例，从深圳太福公司提取专利费的董事会决议，并把该决议日期倒签为１９９３年１月４日。同年３月２１、２３日，沈太福以借专利款提成为名，先后填写了两张各１００万元的单据，用其中一张从深圳太福公司支出１００万元，另一张交给尤成顺为其提取现金。沈太福支取的所谓提成费１００万元，给了孙继红４０万元，孙继红以个人名字存入北京长城公司集资部（案发后已追回）。其余６０万元沈太福给了××等人（案发后追回４８．２万元）。沈太福让尤成顺代提的现金１００万元，在沈太福被采取强制措施后，由尤成顺等人决定用该款为沈太福交纳个人收入调节税３２万元，冲抵沈太福在深圳太福公司部分个人借款６８万元。 |
After the case occurred, Shen's 482,000 yuan of corrupt illicit money was recovered. | |
案发后，追缴沈太福贪污的脏款人民币４８．２万元。 |
From 1989 to March 1993, Shen successively offered totally more than 250,000 yuan of money and properties to Li Xiaoshi, deputy director general of the State Science and Technology Commission, and other 20 state functionaries (all of them were punished in separate cases) in order to figure illegitimate benefits for Beijing Great Wall Company. | |
被告人沈太福在１９８９年至１９９３年３月前，为给北京长城公司谋取不正当利益，先后向国家科委副主任李效时等２１名国家工作人员（均另案处理）行贿钱、物等合计人民币２５万余元。 |
The above-mentioned facts can be proved with the testimonies of witnesses Hu Kongcai and You, et al, Shen's loan certificate, account books, the deposit book and deposit certificate in the name of Sun, the illicit money, and other evidence. | |
以上事实有证人胡孔才、尤成顺等人的证言，沈太福的借款单、帐册、户名为孙继红的存折、存单及起获的脏款等证据证实。 |
Beijing Intermediate Court held: Shen as the person-in-charge of a collective economic organization encroached upon public funds by virtue of his post and by fraud, so his acts constituted the crime of corruption as prescribed in Article 1 of the “Supplementary Provisions of the Standing Committee of the National People's Congress Concerning the Punishment of the Crimes of Corruption and Bribery” (hereinafter referred to as the “Provisions”). Shen figured illegitimate benefits for his enterprise and offered bribes to state functionaries, so his acts constituted the crime of offering bribes as prescribed in Article 9 of the “Provisions”. Shen committed more than one crime, and should be given combined punishment according to Article 64 (1) of the “Criminal Law of the People's Republic of China”. In accordance with Article 12 of the “Provisions”, all the corrupt public properties should be recovered; in accordance with Article 55 of the Criminal Law, Shen's personal properties should all be confiscated. In accordance with Article 53 (1) of the Criminal Law, Shen should be deprived of political rights for life.
．．．．．． | |
北京中级人民法院认为：被告人沈太福身为集体经济组织的负责人，利用职务之便，采取欺骗的手段，侵吞公款，其行为构成《全国人民代表大会常务委员会关于惩治贪污罪贿赂罪的补充规定》（以下简称“规定”）第一条规定的贪污罪。沈太福为本企业谋取不正当利益，向国家工作人员行贿，其行为构成“规定”第九条规定的行贿罪。沈太福一人犯数罪，依照《中华人民共和国刑法》第六十四条第一款的规定，应当数罪并罚。依照“规定”第十二条规定，贪污的公共财物一律追缴；依照刑法第五十五条规定，应当没收沈太福个人的全部财产。依照刑法第五十三条第一款的规定，对沈太福应当剥夺政治权利终身。
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