A dispute over the ownership of service business income left Cai Yue in the detention center for three years.
Cai Yue used to be the director of dispatching center of Haixi power supply company of State Grid Qinghai electric power company. From 2011 to August 2014, he and his subordinates made use of the time to help some photovoltaic enterprises to calculate the relay protection setting value and obtained a revenue of 1.386 million yuan.
According to State Grid Qinghai electric power company, the revenue belongs to electric power company. According to Cai Yue, this is the income from his private work for a short time, which should belong to him.
When the dispute came to the court, the court of First Instance sentenced Cai Yue to three years and six months in prison for the crime of embezzlement and the crime of privately dividing state-owned assets, fined 110000 yuan, and recovered his privately divided money.
Im not corrupt. Cai Yue appealed against the first trial decision.
On November 6, the second instance of Haixi intermediate peoples Court of Qinghai Province heard the case.
Income from private work is not considered as corruption
The upstream news reporter learned that one of the duties of the dispatching center of Haixi power supply company of State Grid Qinghai electric power company is to calculate the relay protection setting value of power facilities.
Cai Yue said that the calculation of relay protection setting value is one of the important work to ensure the operation of power system. The calculated results can protect the safety, stability and efficient operation of power grid facilities. 20 years of experience.
On July 6, 2016, when the investigators took him away, Cai Yue knew that he and his colleagues helped people calculate the income from the setting value of relay protection in their spare time, which caused him trouble.
On July 7, 2016, Cai Yue was detained for the crime of privately dividing legal assets on suspicion of corruption. On March 29, 2017, September 13, 2018 and January 23, 2018, the first trial of this case was held in public.
The court of first instance held that from 2011 to August 2014, when Cai Yue was the director of the dispatching center of Haixi power supply company of State Grid Qinghai electric power company, he violated the state regulations and took 138.6 million Cai Yue, who was responsible for the fixed value calculation of the dispatching center, as the person in charge and the person directly responsible. His behavior has constituted the crime of dividing the income assets privately. Cai Yue is a state-owned company The head of the Department, taking advantage of the convenience of being in charge of the dispatching center and controlling the money, illegally possessed 39.5 million state-owned assets by means of embezzlement, a substantial increase, and his act has constituted the crime of corruption.
The court of First Instance sentenced Cai Yue to fixed-term imprisonment of three years and six months for the crime of embezzlement and the crime of privately dividing state-owned assets, determined that the fine was 110000 yuan, and recovered the money privately divided.
Cai Yue refused to accept the first trial decision and appealed.
Cai Yues appeal reason is that he called his colleagues to help some photovoltaic enterprises to calculate the protection setting value, using the rest time. The whole process was not arranged by the company, nor did he replace the companys work plan and performance appraisal. During this period, they did not use the companys name to sign contracts, did not issue bills and use company equipment. As a result, this income is derived from their private work, not from public funds.
It doesnt use the companys resources. It only needs a pen and a few pieces of paper.
Cai Yue said that several years ago, people began to invest in the construction of photovoltaic power generation around Golmud City, but the technology of investors is limited, and some core problems have not been solved, relay protection setting is one of them. Around 2011, when some photovoltaic power stations heard that he could calculate the relay protection setting value, they came to him. At first, he refused the other party, but when he saw that the other party was in a hurry, he agreed to the measurement request.
Cai Yue said that the calculation cost is the price agreed by both parties. In the early stage, there is no contract or invoice. Each calculation takes about half a month. No qualification is required for the practitioners. Just inform the other party of the calculation result.
Cais relay protection setting is based on the physical and electrical engineering formula. The calculation process only needs a pen and a few pieces of paper. I have 20 years of experience from learning, and the whole process is pure mental labor. Yue said that since then, there have been more and more companies looking for him, and he has called several subordinates to participate in the calculation and pay their remuneration.
Cai Yue said that each time the calculation is completed, the other party will settle accounts in the office in the form of cash, hand in data and hand in cash. The money has never been put into the public account of the power company, nor reported to the leader of the unit. He is responsible for the whole process.
Cai Yue says he has 20 years of experience and has published many papers. Graph from network
Public prosecution means that enterprises value Cai Yues position rather than personal ability
On November 6, Haixi intermediate peoples Court of Qinghai Province tried the case in the second instance.
In the trial, Cai Yue had no objection to the amount and purpose of the money involved in the public prosecutor and the first trial decision, but there was a dispute on the ownership of the money. As for whether the money belongs to state-owned assets or Cai Yue, the two sides have different opinions.
Because every time the photovoltaic enterprise pays the money, it will be handed over to a person in charge of comprehensive affairs in CAI Yues Department office. As a result, the person fills in the running account book, which is questioned by the public prosecution.
Since its your personal money, why should it be handed over to your unit? Inquired by the public prosecution.
Im too busy to keep accounts. Let her help me. Cai Yue said.
According to the public prosecution, Cai Yue was chosen by photovoltaic enterprises to engage in the work of calculation of relay protection setting value, rather than his ability, rather than his position. Since its your personal income, why dont you take it home and ask the financial staff of the unit to keep it in a unified way? Why should the payment and negotiation be carried out in the unit? Cai Yues negotiation process represents the company...
They came to the unit to ask me for help, not me for them. Cai Yue argued that there was a misunderstanding in this case, and that the employees of the power company were related to the company. I didnt even use a piece of paper in the unit, how could it be related to the unit? It was all personal pure mental work.
According to the defender, there is no bidding, no contract, no invoice, no meeting minutes, no work schedule, no staff assessment in the whole work process If this income is the income of an enterprise, it is obviously against common sense and the relevant regulations of the state.
The upstream news reporter noted that neither the accuser nor the defender provided detailed evidence on whether the photovoltaic power station was looking for Cai Yue or his company.
It is reported that during the first trial, the public prosecution organ once issued the statement of individual photovoltaic enterprises, but there were contradictions between the same company and the other company, one said to find Cai Yue himself, the other said to find the dispatching center.
Upstream journalists have called some photovoltaic enterprises to inquire, but due to the company involved, there are too many construction teams, and the time is too long, some construction teams have been disbanded, some of them dont remember for too long, as if they have been transferred and so on, they refused to interview.
Cai Yue was sentenced to three-and-a-half years in the first trial, and now is on bail in the detention center for three years.
At the same time, the company issued two certificates, the contents of which are totally opposite
According to the public prosecution, the dispatching center of Haixi power supply company of State Grid Qinghai electric power company has the business of calculation of relay protection setting value for external contracting. As the director of the Department, Cai Yue should represent the company rather than the individual in business negotiation. Cai Yue and his defenders believe that the dispatching center has not carried out the business externally. This is also one of the focuses of the dispute between the prosecution and the defense.
According to the operation manual issued by the public prosecution in 2013 by Haixi power supply company, Cai Yues department is responsible for the calculation of relay protection setting value. However, Cai Yue and his defenders believe that this manual is only a power list within the power company, rather than an external business description.
The public prosecution issued the Interim Measures on the charging standard for the calculation of the setting value of the relay protection infrastructure put into operation of the Northwest Power Grid issued in 1992, as well as the charging documents related to the calculation of the protection setting value issued by the Qinghai electric power company and the Qinghai Price Bureau, which proved that the State Grid Qinghai electric power company always has the external charging situation of the calculation of the relay protection setting value.
Defenders believe that since the 1990s, Qinghais power system has changed several times, from the original government departments to todays companies. Whether the rules of that year can be used is a question. At the same time, according to the same years charging standard, hundreds of defenders for one service said that the regulation also stated that the business must be implemented in the business hall, not in private. Thousands of dollars. According to this kind of charging standard, are they willing to do the same?.
According to the public prosecution, a provision is still valid until it is repealed.
Cai Yue believes that in reality, it is impossible for photovoltaic enterprises to hold the money to negotiate with power companies about the cooperation of how to protect the constant value calculation. According to his understanding, the power company did not actually carry out this business. There is only one kind of revenue we provide to the Department: electricity sales.
So, does the dispatching center of Haixi power supply company, State Grid Qinghai electric power company, have relay protection setting value calculation business of external compensation?
In the trial, both the accuser and the defender presented two supporting documents provided by the investigation organ and issued by Haixi power supply company of State Grid Qinghai electric power company. Curiously, the contents of the two documents are quite opposite.
The certification document issued by the company on August 23, 2016 generally includes that the main responsibilities of the dispatching center do not include the business and charging of relay protection setting calculation for users. On November 8, 2016, the company issued the certificate title again. The company has this business and charges, and the signature of the certifier is stamped with the official seal.
Haixi power supply company also made a statement of weighing, the companys certification document of August 23, 2016 was invalid, and said that the document was made without knowing about the company.
In this regard, the defenders believe that there is no reason not to accept the proof of innocence, but to accept the proof of guilt, which leads to doubts in the process of obtaining evidence, there is no exclusion of human factors.
Prosecutors believe that the company has made clear the issues that proved to be wrong.
Three and a half years in the first trial, three and a half years in detention
The defender believes that relay protection setting value calculation is not a monopoly business of Guodian, and anyone can participate in it. Moreover, the State Council issued several opinions on the implementation of the policy of increasing knowledge value oriented distribution, which stipulates that scientific researchers should be encouraged to make full use of knowledge labor to take part-time jobs abroad, and the income obtained is legal.
Prosecutors believe that the State Councils opinion has nothing to do with the case.
According to the upstream news reporter, Cai Yue was detained in prison on July 7, 2016, and was released on bail on July 6 this year. He spent a full three years in the detention center, while his first trial sentence was three and a half years.
They help enterprises to solve difficulties through their own mental work. They not only increase their experience, but also write a lot of papers and create income. At the same time, they also reduce the security risks brought by the incorporation of photovoltaic power generation into the State Grid. Such a good thing eventually makes me a criminal. I cant think of it.
The second instance of the case was not pronounced in court.
Source: responsible editor of upstream news: Liu Yuxin ufe63 nbjs7825