the corruption of power: the story behind the “idea fee” of qucheng changde trade city
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as the project leader, mo moumoujia seemed to play a "positioning" role in the distribution of the "idea fee". he transferred the funds to pu moumou. this process made the real flow track of the "idea fee" blurred, and it eventually fell into the hands of dai moumou.
dai moumou's "idea fee" was 28%, but it was "downgraded" to 16% in actual operation. this seems to be a kind of transaction, a power exchange. luo moumou, as the project leader, is the brother-in-law of he moumou b. he used his position and influence to seek improper benefits for the relevant builders, so that the relevant builders undertook the project through improper means.
the verdict shows that luo's defense lawyer argued that his behavior did not constitute the crime of taking bribes by using influence, etc. mo's defense lawyer believed that mo did not have the conditions to take bribes by using influence, and his behavior did not constitute the crime of taking bribes by using influence, and he was an accomplice, and should be given a lighter or reduced punishment.
however, the ganzi county court held that luo moumou, based on his marriage relationship with he moumou b, took advantage of the convenience created by he moumou b's power or status to seek improper benefits for the relevant construction companies, causing the relevant construction companies to undertake the construction projects through improper means. this fact shows that luo moumou and he moumou b have a close relationship and can be identified as "other persons who have a close relationship with the state employee" as stipulated in article 388 of the criminal law.
although mo a was not a person who had influence over state officials, he was familiar with and conspired with influential and closely related persons to obtain improper benefits. that is, mo a was familiar with luo and conspired to obtain improper benefits, and they were treated as co-offenders.