以案明纪释法丨准确认定以购买原始股为名受贿行为

Core Viewpoint - The article discusses a case of potential bribery involving state officials and private companies, highlighting the complexities of identifying corrupt practices disguised as legitimate transactions [1][4]. Basic Case Facts - A state employee, referred to as A, was involved in facilitating the IPO of a private company, B, through his relative, C, who was the legal representative of another private company [2]. - B's actual controller approached C to leverage A's position to expedite the IPO process, leading to a series of actions that benefited B [2]. Key Events - In June 2013, as B was preparing for its IPO, the controller of B promised to gift shares to C as a thank-you for the assistance provided by A and C [3]. - C made a nominal investment of 540,000 yuan for shares valued significantly higher at the time of the IPO, with the understanding that there would be no risk involved [3]. Diverging Opinions - Three differing opinions exist regarding the classification of A and C's actions, ranging from not constituting bribery to being classified as joint bribery due to the nature of the transactions [4][5][6]. Analysis of Opinions - The third opinion, which views the actions of A and C as a form of bribery, is supported by the argument that C's investment was merely a facade for receiving substantial profits from the IPO [7][8]. - The nature of C's investment and the subsequent profits are analyzed, indicating that the transaction was not a legitimate investment but rather a means to facilitate a corrupt exchange [9][10]. Conclusion on Criminality - A and C are deemed to have committed joint bribery, as A utilized his position to benefit B, while C received shares under the guise of investment, ultimately profiting significantly from the IPO [11][12][13]. - The total amount of bribes is suggested to be the entire profit C received from the shares, amounting to 26 million yuan, rather than just the nominal investment [14][15][16].