三堂会审丨借款收息还是非法经营同类营业

Core Viewpoint - The case involves the investigation and prosecution of Shi for bribery and illegal business operations, highlighting the misuse of public office for personal gain and the legal implications of such actions [5][8][23]. Group 1: Case Background - Shi held multiple positions in a state-owned real estate development company, utilizing his role to facilitate business for others while receiving bribes totaling over 2.44 million yuan [5][23]. - A specific incident involved Shi receiving a property worth 793,000 yuan as a bribe, which was later sold by his son for 2.7 million yuan, raising questions about the proper assessment of the bribe amount [9][11]. Group 2: Legal Proceedings - The investigation began in January 2022, leading to Shi's detention and subsequent charges of bribery and illegal business operations [7][8]. - In March 2023, the court sentenced Shi to six years in prison and imposed fines totaling 550,000 yuan for his crimes, which included both bribery and illegal business activities [8][24]. Group 3: Legal Interpretations - The court determined that the bribe amount should be based on the market value of the property at the time of receipt, rather than the sale price, establishing a precedent for similar cases [11][12]. - The actions of Shi and his co-conspirators were classified as illegal business operations, as they exploited their positions to divert projects from the state-owned company to a private entity, resulting in significant illegal profits [12][13][20]. Group 4: Sentencing Considerations - The court considered mitigating factors such as Shi's confession and cooperation with the investigation, which influenced the final sentencing decision [22][24]. - The ruling emphasized the importance of accountability for public officials and the legal consequences of corruption within state-owned enterprises [23][24].