On September 26th, 20001year, Li Bo was criminally detained on suspicion of accepting bribes, and was arrested on June 65438+ 10/0 of the same year. The Kunming Intermediate People's Court found through trial that the defendant Li Bo and his father Li Jiating took advantage of Li Jiating's position and accepted the entrustment of Yang Rong, the chairman of Hong Kong Huande Co., Ltd. (handled separately) to help him export cigarettes and cooperate with Yunnan Petroleum Company. Li Bo illegally accepted HK$ 5.6 million from Yang Rong for three times. In which: 1,1997 65438+1October 2 1, defendants Li Bo and Li Jiating accepted a cash check from Yang Rong for 5 million yuan; 2.1September 1999, the defendants Li Bo and Li Jiating accepted HK$ 300,000 from Yang Rong; 3. On June 5438+ 10, 2000, the defendants Li Bo and Li Jiating accepted HK$ 300,000 from Yang Rong.
In addition, the defendant Li Bo conspired with his father Li Jiating to take advantage of Li Jiating's position to accept the request of Li Jun, the chairman of Yunnan Junfa Real Estate Co., Ltd. (handled separately) to seek benefits for him. Li Bo came forward to collect the property. Li Jiating helped Li Jun to develop the market reconstruction project of Kunming Luosi Bay and the residential community project of the Expo Park, and together with Li Bo, illegally accepted RMB 9.5 million from Li Bo. In which: 1,1In May 1997, Li Jiating accepted Li Jun's entrustment according to the prior agreement with Li Bo through the intermediary of the defendant Li Bo to help Li Jun and others undertake the renovation project of Kunming Luo Jing Bay market. To this end, Li Bo accepted Li Jun's RMB 5 million and informed Li Jiating of this situation; 2. 1998 10, through the intermediary of the defendant Li Bo, Li Jiating accepted Li Jun's request according to the agreement with Li Bo in advance, and provided help for Li Jun to obtain the development right of 700 mu of land in the residential area project of Kunming World Expo Park and reduce the road construction subsidy for the project. Therefore, Li Bo accepted RMB 4.5 million from Li Jun in the form of debt repayment, and informed Li Jiating of this situation.
The above facts show that Li Bo and his father Li Jiating jointly took bribes of RMB 9.5 million and HK$ 5.6 million, equivalent to RMB 65,438 +0.5502080. The above-mentioned stolen money has been recovered after the incident.
On August 1 day, 2003, Kunming Intermediate People's Court sentenced Li Bo to fixed-term imprisonment 15 for accepting bribes, and the recovered money was turned over to the state treasury.
After the verdict was pronounced in the first instance, Li Bo appealed to the Yunnan Higher People's Court on the grounds that he did not ask for bribes in the joint bribery with Li Jiating, and was an accessory, so he should be given a lighter punishment according to law. His defenders, lawyers Ma Jun and Luo Tao of Yunnan Xu Zhen Law Firm, also put forward their defense opinions, arguing that Li Bo did not ask for bribes in joint bribery, which was subordinate and played a secondary role, and should be regarded as an accessory and should be given a lighter punishment according to law.
The Higher People's Court of Yunnan Province held that the appellant Li Bo, together with his father Li Jiating, took advantage of Li Jiating's position to accept huge bribes from others, which had violated the criminal law and constituted the crime of accepting bribes, and should be punished according to law. As for the appeal reason that Li Bo did not ask Li Jun for bribes, the verified facts and evidence prove that Li Bo and Li Jiating had the intention of illegally accepting bribes by taking advantage of Li Jiating's position before accepting bribes from others. During their stay in Hong Kong, they knew that their father, Li Jiating, took advantage of his position to seek benefits for Yang Rong, but they still accepted huge bribes from Yang Rong and deposited the money they received into an account controlled by their family according to their father's will. In the process of joint crime, Li Lizhong helped Li Jiating to complete the crime of accepting bribes.
During the process of accepting bribes from defendants Li Bo and Li Jiating, Li Bo took the initiative to discuss with Li Jun about the so-called investment project. After they negotiated the amount of bribes, Li Bo told his father Li Jiating that Li Jiating took advantage of his position to let his company get the project and accept bribes afterwards. Therefore, Li Bo's behavior of accepting bribes from Li Jun also constitutes a crime of accepting bribes, and it has the circumstances of asking for bribes, so he should be severely punished according to law. Therefore, Li Bo's appeal grounds are unfounded and cannot be established.
According to its position, function and circumstances in the joint crime, the original judgment gave Li a lighter punishment according to law, and the trial procedure was legal. Therefore, the appeal was dismissed and the original judgment was upheld.