Recently, the China Judgment Documents Network published the second-instance criminal ruling of Li Xiupu extortion.
Before the incident, Li Xiupu was a staff member of the Zouping Municipal Party Committee Office in Shandong Province.The target of the extortion was Wang Chuanmin, his former superior and deputy department-level cadre.Zouping City was originally called Zouping County. In August 2018, the Shandong Provincial Government announced that according to the decision of the State Council, Zouping County will be revoked and Zouping City will be established as the administrative region of Zouping County, directly under the jurisdiction of Shandong Province and hosted by Binzhou City.
Wang Chuanmin had worked in Zouping County for a long time. In June 2013, he was transferred from the Secretary of the Zouping County Party Committee to the deputy director of the Shandong Provincial Grain Bureau. He was investigated in February 2018.The case shows that Li Xiupu was born in November 1976 and was educated in a technical secondary school. He was criminally detained in May 2018 on suspicion of extortion and was arrested in June of the same year.
On October 16, 2018, the People's Court of Zouping City issued a criminal judgment on the case of the People's Procuratorate of Zouping City charging Li Xiupu with the crime of extortion.The Zouping City Court ruled that, from 2010 to 2013, Li Xiupu gave shopping cards totaling 260,000 yuan to Wang Chuanmin, then secretary of the Zouping County Party Committee, several times in order to solve the problem of his career establishment.
In June 2013, Wang Chuanmin returned 260,000 yuan to Li Xiupu in the form of shopping cards and cash when he left office.Afterwards, Wang Chuanmin worked in the Shandong Provincial Grain Bureau. Li Xiupu called Wang Chuanmin many times, sent text messages, and went to Wang Chuanmin's office in the Shandong Provincial Grain Bureau to find Wang Chuanmin.Wang Chuanmin was forced to pay Li Xiupu 200,000 yuan in cash three times, respectively, on September 30, 2013, November 26, 2013, and November 11, 2014 through his cousin Wang, for a total of 600,000 yuan.On May 21, 2018, the staff of the Zouping City Public Security Bureau arrested Li Xiupu at the Family Family Court of Sunzhen Township, Zouping City.
The Zouping City Court held that Li Xiupu had repeatedly extorted other people's property, and the amount was particularly huge, and his behavior constituted the crime of extortion.According to the facts, nature and circumstances of Li Xiupu's crime, Li Xiupu was found guilty of extortion in the first instance, and was sentenced to 12 years in prison and fined 50,000 yuan; Li Xiupu's extortion proceeds of 600,000 yuan will continue to be recovered.
After the verdict was pronounced, Li Xiupu and his defenders appealed to the Binzhou Intermediate People's Court on the grounds that the 600,000 yuan involved in the case should be recognized as a loan obtained through threats.Appeal.
On November 27, 2018, the Binzhou Intermediate People's Court made a second-instance judgment.
The judgment of the Binzhou Intermediate People's Court stated that the facts and evidence found in the second trial were the same as those in the first trial.The court held that Li Xiupu used verbal threats to extort property from others for the purpose of illegal possession, and the amount was particularly huge, and his behavior constituted the crime of extortion.
Regarding the 600,000 yuan proposed by Li Xiupu and his defenders involved in the case, it should be determined as a loan obtained through threats.Threatening to report Wang Chuanmin to relevant departments, he asked for money from Wang Chuanmin many times. Although Wang asked Li Xiupu to write an IOU, the two parties did not have a real loan relationship.Money actions and intentions.Moreover, Li Xiupu himself admitted that the 600,000 yuan he extorted was squandered, and he had no intention of repaying it at all.Therefore, Li Xiupu's grounds for appeal and the defender's defense opinions were inconsistent with the facts, and the court did not accept them.
With regard to Li Xiupu and his defenders’ claim that the victim was at fault for the crime, the court held that although the victim, Wang Chuanmin, was dealt with in a separate case due to suspected corruption and bribery, his illegal and criminal behavior should be sentenced by the judicial organs of our country in accordance with legal procedures.No unit or individual can use other people's suspected crimes as an excuse to commit other illegal and criminal acts. Therefore, the court will not accept Li Xiupu's appeal and the defender's defense opinion.
The Binzhou City Intermediate People's Court held that the first-instance judgment had clear facts, accurate characterization, legal trial procedures, and proper punishment, and should be upheld.So the court rejected Li Xiupu's appeal and upheld the original judgment.
Wang Chuanmin, the target of Li Xiupu's extortion, was taken away at the venue after the meeting on the first day of work after the Spring Festival in 2018.On November 8, 2018, the Central Commission for Discipline Inspection and the National Supervisory Committee released an article on Yahao out of control, disclosing this news.
The article stated that on February 22, 2018, the seventh day of the first lunar month, the first day of work after the Spring Festival, Shandong Province fully launched a mobilization meeting for a major project to replace old and new kinetic energy, emphasizing that the key to accelerating the transformation of old and new kinetic energy lies in the party and people.
However, at this time, there was a person in the venue who was fidgeting and flustered, as if he had some bad premonition.He is Wang Chuanmin, member of the party group and deputy director of the Shandong Provincial Grain Bureau.As soon as the meeting ended, he had just walked out of the venue when he was taken away by the staff of the Provincial Commission for Discipline Inspection who had already been waiting there.
In the afternoon of the same day, the website of the Shandong Provincial Commission for Discipline Inspection issued a notice: Wang Chuanmin is suspected of serious violations of discipline and law, and is currently undergoing investigation and investigation.
Not long after Li Xiupu was sentenced, on December 21, 2018, Wang Chuanmin was also sentenced to 12 years in prison for accepting bribes and fined RMB 4 million;More than 1.3 million yuan of stolen money was turned over to the state treasury; the remaining 37.2 million yuan of stolen money continued to be recovered and turned over to the state treasury.Wang Chuanmin said in court that he would obey the court's decision and would not appeal.
It was found through the trial that from 2007 to 2018, Wang Chuanmin took advantage of his position as the county magistrate of the Zouping County People's Government of Shandong Province, the secretary of the Zouping County Party Committee of the Communist Party of China, and the deputy director of the Shandong Provincial Grain Bureau, or took advantage of the authority and status of the deputy director of the Shandong Provincial Grain Bureau.The convenient conditions formed provide assistance for relevant units and individuals in obtaining preferential policies, reductions and exemptions of construction project supporting fees, job promotion, etc., and directly or through their specific related parties ask for or receive property from relevant personnel, which is equivalent to RMB 43.05 millionYu Yuan.
Written by Political Affairs News (WeChat ID: zsenews) / Proofread by He Qiang Wang Xin
