非法经营同类营业罪

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六轮审判官司未了 中融信托8550万元“咨询服务费”究竟如何界定
Jing Ji Guan Cha Wang· 2025-07-19 12:31
Core Points - The case involves a trust loan of 15.5 billion yuan provided by Zhongrong International Trust Co., Ltd. to Shanxi Transportation Investment Group, facilitated by Minsheng Bank's Taiyuan branch, with allegations of bribery and money laundering [2][4][5] - The court has gone through multiple rounds of trials, with the latest ruling resulting in prison sentences for the involved parties, including Liu Yang receiving 11 years for bribery [2][13][14] Group 1: Case Background - In 2013, Shanxi Provincial Transportation Department initiated a financing project through Shanxi Transportation Investment Group, using Minsheng Bank for loans [4] - Liu Yang, the general manager of Minsheng Bank's Taiyuan branch investment banking department, facilitated the introduction of trust loans totaling 23.47 billion yuan [4] - Zhongrong Trust was involved in setting up 12 trust products to provide 15.5 billion yuan in loans to Shanxi Transportation Investment Group [4] Group 2: Allegations and Charges - Liu Yang allegedly received 85.5 million yuan as a "consulting service fee," which prosecutors claim was a bribe [2][5] - The prosecution accused Liu Yang of non-state staff bribery, while Gai Qijun was charged with money laundering, and Zhou Bailin with bribery [8][9] - Liu Yang argued that the funds were legitimate service fees, not bribes, and claimed the bank's role was as an intermediary [3][8] Group 3: Judicial Proceedings - The case has undergone six rounds of trials, with the latest ruling affirming the sentences for Liu Yang (11 years), Gai Qijun (5 years and 6 months), and Zhou Bailin (3 years and 7 months) [2][13][14] - The court's decisions have been challenged multiple times, with Liu Yang planning to apply for a retrial based on his defense that the funds were not illegal [3][15] - The latest ruling increased Liu Yang's sentence by 2 years compared to the initial judgment [13]
三堂会审丨借款收息还是非法经营同类营业
Zhong Yang Ji Wei Guo Jia Jian Wei Wang Zhan· 2025-07-02 01:06
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].