The second trial of Yao Wenzhi, former deputy general manager of Guangxi Huaxi Group, was settled quietly.
According to the Beijing News, Yao Wenzhi, then vice general manager of Guangxi Huaxi Group Co., Ltd., was sentenced to eight years imprisonment and a fine of 2 million yuan in the first instance for taking bribes of 10.7505 million yuan. Recently, Chinas judicial document network published its second instance ruling, which rejected the appeal and upheld the original judgment.
On January 6, a reporter from the Beijing News called Guangxi Huaxi Group. No one answered the call. The reporter called Guangxi Tiancheng law firm, and the call couldnt be connected.
It is reported that from 2004 to 2016, Yao Wenzhi illegally received property from relevant personnel, equivalent to 10.7505 million yuan. In Yao Wenzhis second instance documents, Liu Lichang, a boss of Guangdong mine, came to the surface and Yao Wenzhi collected 3.7 million yuan.
According to the prospectus issued by Beijing News seven years ago, Liu Lichang used to work in Huaxi Group. Lius company is also a major client of Huaxi Group. Liu Lichang is also an indirect shareholder of Guangxi Huaxi Group.
On January 7, the reporter of Beijing News looked up the industrial and commercial data and saw that Liu Lichangs shareholding still exists. However, Huaxi Group, a large mining state-owned enterprise, failed in listing again and again, and was transferred to Beibu Gulf after the debt crisis of Guangxi Nonferrous Metals Group, a major shareholder.
Yao Wenzhi once appealed: 6.8 million yuan is not bribery
Yao Wenzhi, born on May 5, 1964 in Luchuan County, Guangxi Zhuang Autonomous Region, former deputy general manager and Secretary of the Party branch of Guangxi oceanwide commerce and Trade Co., Ltd., once served as deputy general manager, general economist and director of Liuzhou Huaxi Group, deputy general manager, deputy secretary of the Party committee and general economist of Guangxi Huaxi Group.
The first instance of Yao Wenzhis case was publicly reported: in September 2018, the Liuzhou intermediate peoples court publicly sentenced Yao Wenzhi, the former deputy general manager of Guangxi Huaxi Group, to take bribes, sentenced Yao Wenzhi, the defendant, to eight years imprisonment and a fine of 2 million yuan; the bribery income was recovered, confiscated and turned over to the state treasury in accordance with the law.
Recently, a legal document learned by the Beijing News reporters self judgment document network revealed that the reason why Yao Wenzhi lost his horse was clear.
It is reported that the peoples Procuratorate of Liunan District, Liuzhou city found and grasped the facts and clues of Yao Wenzhis acceptance of a bribe of 6.8 million yuan from Hongmou during the investigation of the bribery case of Hongmou, and then submitted them to the superior procuratorial organ. On March 16, 2017, the peoples Procuratorate of the autonomous region informed Yao Wenzhi by telephone to wait for investigation in his office. According to the procuratorate of the autonomous region, the investigators of the peoples Procuratorate of Liunan District The notice arrived at Guangxi Beibu Gulf port group building in the afternoon of the same day, and Yao Wenzhi, who was waiting in the office, would be taken away for investigation.
After Yao Wenzhi arrived at the case, he truthfully confessed the fact that he had received 6.8 million yuan from Hongmou, and actively confessed the rest of the relevant facts that the prosecution did not have in the case.
The reporter of Beijing News noted that the ruling of the second instance showed that Yao Wenzhi was not satisfied with the result of the first instance, and the appeal of the second instance and the defense of the defender proposed that the original judgment determined that Yao Wenzhis acceptance of a total of 6.8 million yuan from Hong Mou, chairman of Debang company, was not in line with the constitutive requirements of taking advantage of his position and was not of the nature of bribery, so he requested to change the judgment according to law.
For the above total benefit fee of 5.8 million yuan, the court of second instance held that Yao Wenzhi did take advantage of his position as deputy general manager of Guangxi Huaxi Group in the process of cooperation between Debang company and tietou Guanxin company to receive and store indium ingots, and let Huaxi Group, which has no qualification for external inspection of indium ingots, come to the companys quality inspection station by signing letter of intent for export agency between Huaxi Group and tietou Guanxin company The form of testing the indium ingots received and stored solves the key problems of sales risk and product quality risk in the risk assessment of the cooperation between Debang company and tietou Guanxin company, so that Debang company can cooperate with tietou Guanxin company to receive and store indium ingots, and gain benefits for Debang company. Therefore, Hong Mou gives Yao Wenzhi a total of 5.8 million yuan as agreed, which is in line with the bribery The constitutive elements of crime are bribery.
According to the second instance, the appellant Yao Wenzhi, as a state functionary, took advantage of his position to seek benefits for others in violation of state regulations in economic exchanges, illegally accepted other peoples property equivalent to 10.7505 million yuan, which is especially huge, and his behavior constitutes the crime of bribery.
In the second instance, Yao Wenzhis reasons for appeal and the defense opinions put forward by the defenders have been put forward in the first instance, and the original judgment has been fully evaluated, which has been recognized by the court. The second instance ruled, rejected the appeal and upheld the original judgment.
Lead the boss of Guangdong mine
A reporter from the Beijing News found that Liu Lichang, a mining boss from Guangdong Province, emerged in the case of Yao Wenzhis bribery.
According to the judgment, from 2004 to 2016, Yao Wenzhi took advantage of his position to help Foshan zinpeng company and zinhong company to purchase zinc ingots, sign long-term contracts to purchase zinc ingots and seek benefits, and received 3.7 million yuan from Liu Lichang, the shareholder of the above company.
Who is Liu Lichang?
According to the enterprise investigation, there are many mining enterprises under Liu Lichang, including Foshan zinhong Metal Investment Co., Ltd. and Foshan Nanhai zinpeng Investment Co., Ltd.
Nanhai Zihong, the shareholder of Foshan Zihong, has great scale and strength.
It is said that as of December 31, 2006, the companys trade volume exceeded 2.8 billion yuan, of which the sales of zinc ingots reached 120000 tons.
Yao Wenzhi is a large-scale mining group in Guangxi. The proven and controlled ore volume of tin, zinc, antimony, lead, indium, silver, etc. has reached 120 million tons, and the comprehensive metal volume has exceeded 4.5 million tons.
The reporter of Beijing News found that Liu Lichangs name appeared in the prospectus of Guangxi Huaxi Group.
In addition, among the sponsors of Guangxi Huaxi Group, Foshan zinhong Metal Investment Co., Ltd. holds 40 million shares of the company, accounting for 3.478% of the shares.
From the perspective of equity structure, Foshan Nanhai znhong metal materials Co., Ltd. (hereinafter referred to as Nanhai znhong) holds 67% of the equity of Foshan znhong Metal Investment Co., Ltd.
Therefore, Liu Lichang indirectly holds the equity of Guangxi Huaxi Group.
When did Liu Lichang become a shareholder of Guangxi Huaxi Group? The reporter of Beijing News combed the prospectus and saw that in June 2008, the state owned assets supervision and Administration Commission of the autonomous region issued the reply on the issues related to the introduction of strategic investors into the restructuring of Liuzhou Huaxi Group Co., Ltd., and approved the transfer of equity and capital increase and share expansion of Huaxi Group Co., Ltd. When strategic investors were introduced at that time, through solicitation, a total of 23 investment institutions expressed their wishes through phone calls, letters and people.
Why Foshan zinc Hong was introduced as the shareholder? Huaxi Group explained that the company is a long-term customer of Guangxi Huaxi Group and is familiar with the production and operation of Huaxi.
According to the prospectus, Nanhai zinc Hong is the main customer of Guangxi Huaxi Group: in 2009, Nanhai zinc Hong ranked second among the top five customers of Guangxi Huaxi Group, with sales revenue reaching 286 million yuan, contributing 6.21% to the sales revenue of Guangxi Huaxi Group in that year.
In 2010, as the largest customer, Nanhai zinc Hong provided sales revenue of 382 million yuan, accounting for 7.02%. In 2011, Nanhai zinc Hong was still the largest customer of Guangxi Huaxi Group, with sales revenue of 353 million yuan, accounting for 6.39%.
From the perspective of the prospectus, as of December 31, 2011, the total assets of Foshan zinc Hong were 162 million yuan, and the net assets were 162 million yuan. In 2011, the annual net profit was 2 million 480 thousand yuan. The above data were not audited.
On January 7, a reporter from Beijing News read the industrial and commercial data of Guangxi Huaxi Group and found that Foshan zinhong Metal Investment Co., Ltd. still ranked among the shareholders.
Huaxi Group failed to go public for many times
According to the prospectus, from 2009 to 2011, the operating revenue and net profit of Huaxi Group kept growing, including 4.618 billion yuan, 5.450 billion yuan and 5.540 billion yuan, respectively, and the net profit of 121 million yuan, 400 million yuan and 504 million yuan, respectively.
Before that, Guangxi Huaxi Group had long planned to go public, but failed repeatedly.
According to the 21st century economic report, as early as 1993, Guangxi Huaxi Group, which is also Liuzhou Huaxi Group Co., Ltd., had the plan of stock reform and listing.
From 1997 to 1998, Huaxi Group was recommended by Everbright Securities Company to issue H shares to be listed on the Hong Kong market, but it still failed. In 2000-2005, Huaxi Group had plans for listing on the Shanghai Stock Exchange and overseas stock exchange respectively, but it also ran aground for various reasons. On July 1, 2009, Huaxi Group planned to borrow from Dongfang Yinxing, but the restructuring was terminated afterwards.
In September 2016, Nanning intermediate peoples court announced that since Guangxi Nonferrous Metals Group and its manager failed to put forward the draft reorganization plan within six months from the date when the peoples court ruled on reorganization, and have not applied for extension so far, Nanning intermediate court of Guangxi Zhuang Autonomous Region announced on September 12 that the reorganization procedure of Guangxi nonferrous metals was terminated and the company was declared bankrupt.
The announcement said that before the equity change, Beibu Gulf group did not hold the shares of Huaxi Group. After the equity change, Beibu Gulf Group held 43.18% of the shares of Huaxi Group and became the largest shareholder of Huaxi Group.
Like Guangxi Nonferrous Metals Group and Huaxi Group, Beibu Gulf Group also belongs to Guangxi state-owned assets system. The official website calls it a large-scale wholly state-owned enterprise directly under the government of Guangxi autonomous region. The group company has been shortlisted as one of the top 500 Chinese enterprises for seven consecutive years.
The reporter of the Beijing News noted that after the Beibu Gulf came into power, Huaxi Group increased its anti-corruption efforts.
It is said that the leaders of Huaxi Group said: the headquarters of Huaxi Group has been reduced from 160 to 60, which is the largest reform effort, the largest personnel adjustment, and the biggest difficulty and resistance. But I didnt expect this institutional reform to be so smooth and smooth.
At present, the development of Huaxi Group has been strongly supported by Beibu Gulf.
Hechi Daily reported on December 4, 2019 that Hechi municipal government and Guangxi Beibu Gulf International Port Group held a working symposium, at which they listened to the report of Guangxi Beibu Gulf International Port Group Co., Ltd. on the next work development of Huaxi Group. This time, the enterprise visited Hechi, mainly seeking investment and development in deep processing projects of mineral products.
Beijing News Reporter Lin Zi, Zhao Yibo, editor, Xu Chao, proofreader, he Yan
Source: responsible editor of Beijing News: Zhong Qiming