Gansu: fictitious business fake invoices to take public funds _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

Lightning Center Chengguan District Security Monitoring Station, the original stationmaster Liu use their duties, to take fictitious business, fake Through the third party company downstairs, etc., illegal income 333972 yuan; Provincial Lightning Center Chengguan District security monitoring station deputy chief Zhang, in knowing that Liu to its 80,000 yuan Department of the use of false Set the case of Gansu Provincial Meteorological Bureau of the public funds will be 80,000 yuan to be received. , Intermediate People's Court announced the case of the final verdict to Liu commit guilty of corruption, sentenced to three years imprisonment, suspended for five years, and fined 200,000 yuan; Zhang guilty of corruption, exempt from criminal penalties. The court found that Gansu Province, Gansu Province, the Department of Meteorology under the full funding of institutions, Gansu Province, mine protection center by the Gansu Provincial Meteorological Bureau Accounting center , The implementation of revenue and expenditure of two lines, Gansu Province mine all the wages of workers, bonuses by the Gansu Provincial Bureau of Meteorology financial accounting center audit issued. Zhang Jia (handled separately) in Gansu Province during the mine director, during the case without the consent of the Gansu Provincial Meteorological Bureau, together with Ye Mou and others (all handled separately), decided to use fictitious business, fake invoices through third-party companies The way down from the Gansu Provincial Lightning Protection Center set up public funds to achieve the purpose of arbitrarily embezzlement of public funds. Among them, Liu in the arrangement of Zhang, set of public funds 497500 yuan, Liu from the illegal possession of 283972 yuan. In addition, Liu also use false statements fraudulent way to embezzle public funds 50,000 yuan. Zhang Mouming know Liu to pay the money through the signing of false contract invoices to take public funds, still from the illegal possession of 80,000 yuan. Also found that the case before the filing of the case, the defendant Liu has returned to the Gansu Provincial Meteorological Bureau of stolen money, the defendant Zhang has also returned to the Gansu Provincial Bureau of Meteorology stolen money. City Xigu District People's Court of First Instance that Liu as a state-owned enterprises engaged in public affairs personnel, the use of their duties, to take fictitious business, virtual invoices through third-party companies down the way to take the Gansu Provincial Bureau of Meteorology private misappropriation , Illegal income 283972 yuan, and to make false statements of other employees bonus amount, illegal income of 50,000 yuan, a total of 333972 yuan of personal income, its behavior has constituted embezzlement. The defendant Liu's criminal behavior is the time of the Gansu Provincial Lightning Protection Center Director Zhang Jia, in this common crime can not play a leading role, from the secondary role, the Department of the perpetrators, can be a lighter punishment, its initiative Return the money, but also to its light punishment. Zhang know Liu to its 80,000 yuan Department of the use of false contract sets of Gansu Provincial Meteorological Bureau of public funds in the case of the 80,000 yuan to be received, the behavior has constituted embezzlement. The defendant Zhang after the case can truthfully confessed to the crime, pleaded guilty, and has returned all the money, can be a lighter punishment. Defendant Zhang's crime is minor, according to the law can be exempt from criminal penalties. Accordingly, the first instance verdict Liu guilty of corruption, sentenced to three years in prison, a fine of 200,000 yuan; Zhang guilty of corruption, exempt from criminal penalties. After the verdict of the verdict, Liu to Lanzhou City Intermediate People's Court of Appeal, said the confession pledge, willing to actively pay the original verdict of 200,000 yuan fine, Reason for appeal. Lanzhou City Intermediate People 's Court of second instance that the original trial decision It is clear that the evidence is indeed sufficient, the conviction is accurate and the trial procedure is lawful. During the second trial, Liu said voluntarily pleaded guilty and submitted plead guilty plea, can take the initiative to pay the fine, with repentance; because of its involvement and actively withdraw the stolen money, the crime is minor, the living community has no significant adverse effects, the judicial administrative organs Evaluation of the application of community correction, it was declared probation. Accordingly, to make the final verdict, to maintain the civil court in Lanzhou City, Xishu District, the first instance of the criminal judgment on the appellant Liu fined and fined part of the original defendant Zhang convicted and sentenced. That is, "the defendant Liu guilty of corruption, and fined 200,000 yuan; the defendant Zhang guilty of corruption, exempt from criminal penalties"; revocation of Lanzhou City Xigu District People's Court of first instance criminal judgment on the appellant Liu section. The defendant (the original defendant) Liu guilty of corruption, sentenced to three years imprisonment, suspended for five years, and fined 200,000 yuan.