三堂会审丨通过下属单位将公款借给其他单位如何定性

Core Points - The case involves a former official, referred to as "甲," who misappropriated public funds and accepted bribes during his tenure in various positions, including as the chairman of a state-owned enterprise [5][8][10] - The investigation revealed that "甲" used his position to lend 150 million yuan of public funds to a private company, "E," through a subordinate company, "D," while seeking personal benefits [10][12][14] - The court found "甲" guilty of embezzlement and bribery, resulting in a combined sentence of 15 years in prison and a fine of 1 million yuan [8][22] Case Background - "甲" joined the Communist Party in April 1990 and held various positions until his retirement in May 2020 [4] - The investigation into "甲" began in February 2023, leading to his detention and subsequent prosecution for serious violations of discipline and law [6][7] Legal Proceedings - The case was formally prosecuted on August 1, 2023, with the court hearing taking place on September 8, 2023, resulting in a verdict on November 29, 2023 [8][9][10] - The court's decision emphasized that "甲" had used his authority to misappropriate funds and accept bribes, which constituted serious criminal offenses [12][14] Financial Misconduct - From 2014 to 2015, "甲" facilitated the lending of 150 million yuan from a state-owned company to a private entity, which was not in the interest of the public company [10][12] - "甲" received a total of over 12.57 million yuan in bribes from 2004 to 2023, indicating a pattern of corrupt behavior throughout his career [5][8] Bribery Details - "甲" was involved in a scheme where he accepted bribes in exchange for facilitating project contracts, with specific amounts linked to the value of the projects he helped secure [15][17] - The court ruled that even though "甲" did not know the exact amount of one bribe, he was still liable for the total amount received due to his involvement in the corrupt activities [16][18][22]