Wu Ji, Deputy commander-in-chief of the Fengcheng Power Plant accident in Jiangxi Province, was sentenced to two yearsimprisonment

category:Society
 Wu Ji, Deputy commander-in-chief of the Fengcheng Power Plant accident in Jiangxi Province, was sentenced to two yearsimprisonment


A few days ago, Peng Mei news reporter learned from China Judicial Documents Network that Wu Ji, former vice president of Jiangxi Ganneng Co., Ltd., had received 900,000 yuan of money from others several times during his tenure, and another BMW car, three watches and an Apple computer were also received. Wu Ji was sentenced to two yearsimprisonment and a fine of 300,000 yuan by the Peoples Court of Xihu District, Nanchang City, for accepting bribes.

In addition, the Peoples Procuratorate of Xihu District of Nanchang City also charged Wu Ji with the crime of privately dividing state-owned assets. In violation of state regulations, he asked his subordinates to arbitrage more than 17 million yuan from the second phase public account of Fengcheng Power Plant under a fictitious contract, set up a small treasury, and set up bonuses and benefits to distribute to the employees of the unit in the name of ingenuity. A total of 11.27 million yuan was distributed from the small treasury. However, the court held that Wu Ji did not constitute the crime of privately dividing state-owned assets because it did not conform to the main elements of the crime of privately dividing state-owned assets.

Recently, Wu Jis Criminal Judgment of First Instance on Bribery and Private Distribution of State-owned Assets, published by China Judicial Documents Network, disclosed the above-mentioned facts.

Job dereliction of duty

On November 24, 2016, the cooling tower construction platform collapsed in the third phase expansion project of Fengcheng Power Plant, causing 73 deaths and 2 injuries, with a direct economic loss of 101.972 million yuan.

On September 15, 2017, the State Administration of Work Safety Supervision and Administration released the Investigation Report on the Extraordinary Major Accident of the Collapse of the Construction Platform of11.24Cooling Tower in Fengcheng Power Plant, Jiangxi Province. The investigation confirmed that the accident was a production safety responsibility accident, and suggested that 7 responsible units and 85 responsible persons should be investigated according to the law and regulations.

Among them, Wu Ji, deputy general manager of Jiangxi Ganneng Co., Ltd., deputy secretary and general manager of the Party Committee of Fengcheng Phase II Power Plant, deputy director of the construction headquarters of Fengcheng Power Plant Phase III Extension Project and director of the Security Committee of Phase III Capital Construction Project. Failure of duty, failure to conscientiously fulfill the responsibility of project construction management, failure to organize and coordinate the work of project construction safety supervision, failure to supervise and guide the Ministry of Safety and Security of Fengcheng Phase II Power Plant and the Office of Safety Supervision of Fengcheng Phase III Capital Construction Project to fulfill the responsibility of safety supervision. On January 13, 2017, Jiangxi Disciplinary Commission filed a case for examination on suspicion of serious violation of discipline. It is suggested that the above-mentioned issues be transferred to Jiangxi Disciplinary Commission for handling together.

According to the above public judgment, the defendant, Wu Ji, male, born on August 9, 1965, is a Han nationality, a member of the college culture, a member of the Communist Party of China. Before his arrest, he was the deputy general manager of Jiangxi Ganneng Co., Ltd., the general manager of Fengcheng Phase II Power Plant and the Deputy Secretary of the Party Committee (at the official level). Suspected of bribery, he was detained on January 26, 2017 by the Peoples Procuratorate of Xihu District of Nanchang City, and was detained the next day by the West Lake Branch of Nanchang Public Security Bureau. On February 9, the same year, he was arrested by the Peoples Procuratorate of Nanchang City, Jiangxi Province, and the next day by the West Lake Branch of Nanchang Public Security Bureau.

The court found that Wu Ji, the defendant, served successively as deputy general manager, general manager and deputy general manager of Fengcheng Phase II Power Plant (hereinafter referred to as Fengcheng Phase II) of Jiangxi Ganneng Co., Ltd. During his tenure, he illegally accepted other peoples property many times and made use of his position to facilitate other peoples interests. Among them, the total amount of money was 902,000 yuan, and another BMW car was one. It has three watches and one Apple laptop.

The biggest briber

Pengchao journalists sorted out the verdict and found that most of Wu Jis bribery was related to the second phase of Fengduan Power Project. Among them, the most bribes are Liu Weilin, the legal representative and chairman of Jiangxi Yuefeng Electric Power Fuel Co., Ltd.

According to the public judgment, in December 2013, Liu Mou, the legal representative and chairman of Jiangxi Yuefeng Electric Power Fuel Co., Ltd., gave Wu Ji a white BMW 118I sedan with a value of RMB 2721,437.1 million to successfully undertake the second phase of the project and get Wu Jis attention.

In addition, from 2010 to 2016, Liu arranged Chen Mou, the former financial manager of Jiangxi Yuefeng Electric Fuel Co., Ltd., to send money to Wu Ji in the name of New Year and Festival every year, totaling 270,000 yuan.

Pengmei News reporter inquired about industrial and commercial information and found that Liu is the chairman of Jiangxi Yuefeng Electric Fuel Co., Ltd. Liu Weilin. Industry and commerce information shows that Jiangxi Yuefeng Electric Fuel Co., Ltd. was established in September 2000, with registered capital of 9 million yuan and legal representative of Liu Weilin. Liu Weilin is the controlling shareholder of the company, holding 51% of the shares.

In addition, Pengchao journalists also learned from the Peoples Procuratorate case information disclosure network that in August 2018, Fengcheng Peoples Procuratorate prosecuted the defendant Liu Weilin in accordance with the law on suspicion of collusion in bidding. In July 2016, the defendant Liu Weilin used illegal means to collude maliciously with Liu Qifeng and others to win the bid illegally.

In 2016, Liu Qifeng and Liu Weilin instructed Li Qiang, Ye Huowang and Chen Yuejin to organize collusive bidding for the third phase of duty building project of Fengcheng Power Plant. Among them, Liu Qifeng contacted Yang Yong of Wuhan Construction Industry First Construction Co., Ltd. (another case), and Yang Yong instructed his subordinate Liu Yi to help contact four companies: Hubei Hongqi Construction Co., Ltd., Wuhan Sixth Construction Industry Co., Ltd., Zhongyao Construction Co., Ltd., and Wuhan Construction Industry Third Construction Co., Ltd.

In addition to helping trustees to undertake projects, Wu Ji also helped people to promote and adjust posts and accept bribes.

According to the public judgment, Chens son, Chen Long, was an employee of the Finance Department of Fengdian Phase II. In October 2014, Chen gave Wu Ji 50,000 yuan in Jiangxi Yuefeng Electric Power Fuel Co., Ltd. in order to let Wu Ji help Chen to upgrade his position.

It does not constitute the crime of privately distributing state-owned assets

The Pengchao journalist combed the public judgment and found that besides bribery, the prosecution also accused Wu Ji of privately dividing state-owned assets.

The above public judgment shows that Jiangxi Ganneng Co., Ltd. is a state-owned listed company (58.4294% of the state-owned shares and 41.5706% of the natural person shareholders). During his tenure as general manager of Fengdian Phase II of Jiangxi Ganneng Co., Ltd., the defendant, Wu Ji, took advantage of his authority, violated the state regulations and continued the previous practice of general manager. He asked Yang Mou2, manager of the planning and management department, and Wu Mou2, head of the material and materials department, to set up a false contract with Nanchang Shengsheng Trading Co., Ltd. to withdraw the funds 17 from the public accounts of Fengdian Phase II of Jiangxi Ganneng Co., Ltd. 1124,000 yuan.

In addition, a small Treasury was set up, and bonuses and benefits were handed out to all employees of the unit in the name of ingenuity. A total of more than 11.27 million yuan was handed out from the small treasury. Most of the employees who have paid the money back will turn it over to Yichun Finance Bureau or to Jiangxi Investment Group Company.

Jiangxi Investment Group Co., Ltd. is the controlling shareholder of Jiangxi Ganneng Co., Ltd. of listed companies, accounting for 58.4294%.

According to Wu Jis statement in the judgment, in June 2011, he took over as the general manager of Phase II of Fengdian Power Company. He continued the practice of Deng Yongchao, the former general manager, and set up a small vault to give some money to employees. Later, in the name of mid-level managersannual bonuses, factory Leaders annual bonuses, additional wages, overtime pay for factory leaders, opening-door bonuses, safety benefit awards, civilized awards and so on, all of them were paid, and a small part of them were used to coordinate communication fees with the outside world.

Pengmei News inquiries revealed that Deng Yongchao, Wu Jis predecessor, was also investigated after a major accident at Fengcheng Power Plant.

On December 19, 2016, the Supreme Peoples Procuratorate issued a news that the procuratorial organs have investigated 10 suspects of duty crimes involved in the 11.24 particularly serious accident at Fengcheng Power Plant in Jiangxi Province according to law.

The procuratorial organs found that Deng Yongchao (deputy office level), member of the Party Committee of Jiangxi Investment Group Company, chairman of trade union, General Commander of Fengdian Phase III Extension Project Construction, Zhang Zhixiang, director of the Electric Power Safety Supervision Department of Central China Supervision Bureau of the State Energy Administration, Yang Feiyun, stationmaster of the quality supervision project of Fengdian Phase III Extension Project, and Mao Weidong, deputy director of Fengcheng Industry and Information Commission, had serious dereliction of duty. The problem of malfeasance bears an important responsibility for the occurrence of accidents. According to law, the procuratorial organ investigates nine people, such as Deng Yongchao, for dereliction of duty. At the same time, it also investigates a suspected bribery offender according to law.

The public judgment also shows that Wu Ji, the defendant, has no objection to the facts and charges of bribery charged in the indictment. He has no objection to the fact of setting up a small Treasury and granting benefits to employees of the unit, but he does not know whether it constitutes a crime.

As for the accusation that Wu Ji, the defendant, constituted the crime of privately dividing state-owned assets, the peoples court of Xihu District of Nanchang City held that the crime of privately dividing state-owned assets refers to the behavior of state organs, state-owned companies, enterprises, institutions and peoples organizations that, in violation of state regulations, privately distribute state-owned assets collectively to individuals in the name of units with a large amount. This crime is a unit crime, the subject of which is a special subject, namely, state organs, state-owned companies, enterprises, institutions and peoples organizations. In this regard, it needs to be clear that the state-owned company in the sense of criminal law only refers to the company whose property is entirely owned by the state, that is, the solely state-owned company, which does not include other types of state-funded enterprises such as state-owned capital holding company, state-owned capital stock-holding company and so on.

The Peoples Court of Xihu District of Nanchang City also held that Jiangxi Ganneng Co., Ltd. was a listed joint stock company with 41.5706% of natural shareholders and 58.4294% of Jiangxi Investment Group (enterprises owned by the whole people). According to the above ownership structure, Jiangxi Ganneng Co., Ltd. is a state-funded enterprise, not a state-owned enterprise. Fengdian Phase II of Jiangxi Ganneng Co., Ltd. is an internal accounting unit of Jiangxi Ganneng Co., Ltd. It belongs to a branch company, and it does not belong to a state-owned enterprise. It does not conform to the main elements of the crime of dividing up state-owned assets privately. Therefore, the defendant Wu Ji, as the person in charge of the unit, does not constitute the crime. On June 26, 2018, the Peoples Court of Xihu District of Nanchang City issued a judgment of first instance. The defendant Wu Ji was convicted of bribery and sentenced to two yearsimprisonment and a fine of RMB 300,000. A BMW 118I car and stolen money seized in the case were confiscated and 900,000 yuan was turned over to the state treasury. One Frankmueller watch and two Rolex watches (one mans money and one womans money) were continued to be recovered. An Apple laptop. Source: Wang Zheng_N7526

The Peoples Court of Xihu District of Nanchang City also held that Jiangxi Ganneng Co., Ltd. was a listed joint stock company with 41.5706% of natural shareholders and 58.4294% of Jiangxi Investment Group (enterprises owned by the whole people). According to the above ownership structure, Jiangxi Ganneng Co., Ltd. is a state-funded enterprise, not a state-owned enterprise. Fengdian Phase II of Jiangxi Ganneng Co., Ltd. is an internal accounting unit of Jiangxi Ganneng Co., Ltd. It belongs to a branch company, and it does not belong to a state-owned enterprise. It does not conform to the main elements of the crime of dividing up state-owned assets privately. Therefore, the defendant Wu Ji, as the person in charge of the unit, does not constitute the crime.

On June 26, 2018, the Peoples Court of Xihu District of Nanchang City issued a judgment of first instance. The defendant Wu Ji was convicted of bribery and sentenced to two yearsimprisonment and a fine of RMB 300,000. A BMW 118I car and stolen money seized in the case were confiscated and 900,000 yuan was turned over to the state treasury. One Frankmueller watch and two Rolex watches (one mans money and one womans money) were continued to be recovered. An Apple laptop.