On September 21, 2018, the Beijing Court Trial Information Network released the second-instance criminal ruling on Qiao Dongfang's bribery.

During the stock market fluctuations in 2015, the Central Commission for Discipline Inspection forwarded the news from the China Securities Regulatory Commission Commission for Discipline Inspection on June 20 of that year: Li Zhiling, director of the Issuance Supervision Department of the China Securities Regulatory Commission, was administratively expelled for illegal trading of stocks by her spouse.At the same time, Li Zhiling has been transferred to the judiciary on suspicion of duty-related crimes.

The verdict shows that Li Zhiling's spouse mentioned in the above notification is Qiao Dongfang and the manager of Beijing Jiabao International Auction Co., Ltd. The two registered their marriage in September 2007.

According to the ruling, the court of first instance found that Qiao Dongfang and Li Zhiling had accepted bribes in two cases.

First, from 2007 to 2009, Qiao Dongfang collaborated with Li Zhiling, a specific related person, and Li Zhiling took advantage of her position as an assistant researcher in the Audit Division 4 of the Issue Supervision Department of the China Securities Regulatory Commission to help a company in Zhejiang with refinancing.Guo, who was the legal representative of the company at the time, gave 8 million yuan.

Second, from 2007 to 2014, Qiao Dongfang collaborated with Li Zhiling, and Li Zhiling took advantage of her position as an assistant researcher, deputy director, and director of the Audit Department of the Issue Supervision Department of the China Securities Regulatory Commission to provide assistance for the refinancing of a subsidiary company of a certain group.During the period, the two sold Chinese paintings, oil paintings, porcelain and other items to a certain group at a price significantly higher than the market price, and accepted a total of 28.6507 million yuan in bribes from a certain group.

The court of first instance held that Qiao Dongfang, as a specific related person of Li Zhiling, a national employee, knew that Li Zhiling could use his position to seek benefits for others, but he still cooperated with Li Zhiling in illegally accepting other people's property.Qiao Dongfang was sentenced to 15 years in prison and a fine of 2 million yuan for accepting bribes;

Continue to recover Qiao Dongfang's illegal income of 36.6507 million yuan, and assume joint and several liability with Li Zhiling; a set of real estate under Qiao Dongfang's name in Chaoyang District, Beijing will be changed in price, and after the price change is returned to the relevant right holders, the remaining part will be incorporated into the recovery item for execution.

Qiao Dongfang refused to accept it and filed an appeal. The reasons for the appeal include: after he divorced Li Zhiling in 2014, Ye (the president of a certain company) still paid 10 million yuan to his auction company, which should not be considered as bribes.

Qiao Dongfang

In this regard, the court of second instance held that: Qiao Dongfang and Li Zhiling both argued that they had been separated since 2008, but they did not go through the divorce procedures until March 15, 2014.After investigation, from June to July 2013, the Commission for Discipline Inspection of the China Securities Regulatory Commission successively received reports on Li Zhiling's spouse, Qiao Dongfang, who illegally traded stocks and whose sources of huge wealth were unknown.On July 31, the Commission for Discipline Inspection of the China Securities Regulatory Commission interviewed Li Zhiling.Therefore, the timing of the two choosing to divorce after the investigation by the Securities Regulatory Commission is suspicious.

Moreover, on June 19, 2015, Li Zhiling and Qiao Dongfang were arrested and brought to justice while on vacation in Zhuhai. During this period, Hu received Li Zhiling and others for the refinancing of related companies.Investigators retrieved from Qiao Dongfang's mobile phone the deleted text message sent by Hu on April 22, 2014, which read: "Mr. Qiao: Hello!"Feedback has been received, please pass it on and thanks!Hu We will report the materials as soon as possible.rsquo;The text message is enough to prove that the two are specific related parties with a common interest relationship.

During the first trial of the case, the prosecution accused Qiao Dongfang and Li Zhiling of accepting bribes in two cases involving 8 million yuan and 29.93 million yuan respectively.However, the court of first instance determined that the amounts involved were 8 million yuan and 28.6507 million yuan.

Moreover, the prosecution once accused that Qiao Dongfang and Li Zhiling were involved in soliciting bribes. The court of first instance believed that there was insufficient evidence to find that Qiao Dongfang and Li Zhiling were soliciting bribes.

After the trial, the court of second instance held that: the facts of the judgment made by the court of first instance in accordance with the law were clear, the evidence was reliable and sufficient, the nature of the case was accurate, and the trial procedure was legal.In view of the provisions of the Criminal Procedure Law, the People’s Court of Second Instance shall not increase the punishment of the defendant when hearing the defendant’s appeal, and the sentence of Qiao Dongfang in the first-instance judgment is also within the statutory range, and there is no obvious inappropriateness, so this court upholds it.

On July 27 this year, the court of second instance made a final ruling to reject Qiao Dongfang's appeal and uphold the original judgment.

According to reports, because Li Zhiling has worked in the China Securities Regulatory Commission for many years, she has successively served as an assistant researcher, deputy director, and director of the Audit Department of the Issue Supervision Department. Her strong posture left a deep impression on people.The issuance department has a lot of power, and generally has a bad temper. An investment banker who is engaged in the refinancing business of listed companies said that Li Zhiling's fierce and strong comments have long been heard in the investment banking circle.

And Qiao Dongfang once claimed to be a collector in an interview.

The testimony of witnesses in the previous first-instance judgment revealed the details of Qiao Dongfang and his wife selling paintings and other works of art.

Ye Mou, the president of a company mentioned above, said that after the Spring Festival in 2007, he met Li Zhiling in the process of refinancing the company.In 2008, Li called him to go to Beijing and made an appointment to meet at Beijing Century Jinyuan Hotel. He met Qiao Dongfang for the first time.Around 2010, he asked Li Zhiling to report on the refinancing situation, and Qiao Dongfang arranged to meet at his gallery.After each talk, Qiao Dongfang would always ask him to buy paintings.During his contact with Li Zhiling, Li Zhiling also asked him to buy Qiao Dongfang's paintings many times.

At the beginning of 2011, he went to Beijing for refinancing. Li Zhiling invited him to his home. Qiao Dongfang took some traditional Chinese paintings and said they were for him. He also recommended a painting on a porcelain plate, which he agreed to buy.For block paintings, Li Zhiling and Qiao Dongfang offered 1.8 million yuan.A few days later, Qiao Dongfang called and asked him to remit 1.9 million yuan. Obviously, the few Chinese paintings given to him also cost money.

Afterwards, Qiao Dongfang sent someone to deliver a painting on a porcelain plate with an asking price of 1.8 million yuan, but in addition to this painting on a porcelain plate, there were many other paintings in the car that were not requested beforehand.He called Qiao Dongfang to ask about it, and Qiao Dongfang said, anyway, if you pull a cart, you will send more, and even the use of these extra paintings has been arranged.From then on, Qiao Dongfang and Li Zhiling sent him paintings out of control, and they sent about 5 cars in total.Once he saw that it was a moving company's car that delivered the goods.

After delivering the goods, Qiao Dongfang and Li Zhiling pressed for money.He suffered from insomnia, but both of them called at night to ask for money, and the phone calls lasted for a long time. Whenever they called, he couldn't fall asleep.So later he didn't use his mobile phone at all, but Qiao Dongfang and Li Zhiling called other people in the company and asked him to call back.For this reason, he resigned several times.