Ou Mou, Yin Mou and Dong Mou are all village cadres in Fuli Town, Suzhou City. Ou Mou has served as village Party committee and village director. Yin Mou and Dong Mou were members and Accountants of the village. During the period from January 2007 to 2014, Ou Mou and Dong Mou of the village took advantage of their positions to embezzle collective assets 10 times in land expropriation subsidiary compensation, village digging ditch and pond project, selling cemeteries, village decoration, pulling fences for cemeteries, coordinating disputes between neighbouring villages, building roads, repairing bridges, paying disciplinary fees and land reclamation. Among them, Ou Mou alone and jointly embezzled 446,040 yuan, and Yin Mou participated in the embezzlement. The amount of joint embezzlement is 267,040 yuan, and that of Dong Mous participation is 376,040 yuan.
In July 2006, Ou Mou, in the process of assisting in land expropriation, used the method of increasing the number of acres of land, cheated the land compensation of 63,000 yuan, and was taken over by Ou Mou. From April 2007 to October 2008, Oumou assisted in the construction of Niukou Village Village-to-Village Highway. After the settlement of the project funds, Oumou applied for town government appropriation in the name of material price increase and road thickening, and defrauded the public funds of 121,000 yuan, which was taken as his own.
The court of Bridge District of First Instance held that: first, Ou Mou was sentenced to three yearsimprisonment for the crime of occupying his post; third, Dong Mou was sentenced to three years imprisonment and two monthsimprisonment and a fine of 160,000 yuan for the crime of corruption; second, Yin Mou was sentenced to one years imprisonment and eight months imprisonment for the crime of occupying his post; third, Dong Mou was sentenced to two yearsimprisonment for the crime of occupying his post. Six months in 2001, with a three-year suspension of imprisonment; Fourth, recover 267,040 yuan of the joint illegal income from the crime of occupying the position of Ou Mou, Yin Mou and Dong Mou; 190,000 yuan of the joint illegal income from the crime of occupying the position of Ou Mou and Dong Mou; 30,000 yuan of the illegal income from the crime of occupying the position of Ou Mou; and 224,000 yuan of the illegal income from the crime of embezzlement of Ou Mou Mou and Dong Mou. Ou Mou refused to appeal to the Suzhou Intermediate Court. Ou Mou appealed that the fact that he was convicted of the crime of corruption was unclear and the evidence was insufficient. He did not object to the conviction that he constituted the crime of duty embezzlement, but the amount was wrong.
According to the investigation of the Suzhou Intermediate Court of Justice, the facts of the crime of duty embezzlement of Yin Mou and Dong Mou, the accused in the original judgment, are clear, the evidence is solid and sufficient, the conviction is accurate and the sentencing is appropriate. The trial procedure is legal; the main facts of the crime of duty embezzlement and embezzlement committed by the appellant Ou Mou are clear, the evidence is solid and sufficient, and the conviction is accurate. The trial procedure is lawful. However, the amount of the two crimes committed by a European Institute was found to be incorrect, and the Court corrected them. Revoke part of the first instance judgment, sentenced appellant Ou Mou to three yearsimprisonment for the crime of occupying his post; commit embezzlement, sentenced to two years and ten months imprisonment, and fined 160,000 yuan; decided to carry out five years and six monthsimprisonment, and fined 160,000 yuan.
Source: Zhongan Online Responsible Editor: Han Jiapeng_NN9841