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on september 19, the china judgments online website released the "first-instance criminal judgment of luo moumou and mo moumoujia for using influence to accept bribery". the ganzi county people's court found out through trial that the defendant luo moumou was the brother-in-law of he moumouyi (handled in another case). from 2010 to 2017, he took advantage of the convenient conditions formed by he moumouyi's positions and status as deputy secretary of the dazhou municipal party committee and mayor, and secretary of the party leadership group and director of the sichuan provincial department of housing and urban-rural development, and through the official behavior of other state officials, he and the defendant mo moumoujia jointly sought improper benefits for others in project construction. the two received property from others for many times, totaling rmb 27.63 million.

luo was born in october 1963 and mo was born in march 1976. both are freelancers. the verdict shows that luo was convicted of taking bribes by using his influence and was sentenced to ten years and six months in prison at the first instance. mo was also convicted of taking bribes by using his influence and was sentenced to ten years in prison at the first instance.

the paper noted that the "he xx b" mentioned in the verdict is none other than he jian, the former mayor of dazhou who was born in december 1957.

he jian retired in june 2018 and was declared dismissed in september 2023. subsequent reports stated that he sought huge profits for his relatives through "platform" and other means, used the power granted by the party and the people as a tool to seek personal gain, and sought benefits for others in engineering contracting, real estate development, company management, job transfers, etc. and accepted property in extremely large amounts.

this time, the ganzi county people's court introduced that after trial, it was found that from 2010 to 2012, luo and mo accepted the request of bai and wang hui to seek improper benefits for bai and wang hui in the construction of projects. luo asked the leaders of qu county for projects, and after the project was obtained, mo and bai were responsible for coordinating the bidding matters with the relevant functional departments. bai and wang hui successively won the bid and undertook four projects, including "2010 qu county urban street tree and greening seedling procurement", "2012 national highway 318 qu county section and wangshi road qujiang bridge east bridgehead to ×× township ×× village ×× road ×× and service (4th section)", "2012 qucheng east city life channel 318 national highway urban section road and pipeline reconstruction project", "2012 qucheng east city life channel 318 national highway urban section greening landscape reconstruction project". luo moumou and mo moumoujia accepted property totaling rmb 7.344 million from bai moumou and wang hui due to the above-mentioned project.

bai's testimony stated that after learning that luo's brother-in-law he was the mayor of dazhou city, he wanted to introduce some project resources through luo. luo asked bai to contact mo directly. bai knew that luo was not convenient to show up, so he let mo represent luo with full authority. the two parties agreed that the "cooperation" method was that luo would go to dazhou city through he's relationship to help bai get the project and coordinate the upper-level relationship, and then bai would be responsible for the specific construction of the project. after the couple received the actual project funds, they gave luo and mo a thank-you fee according to 15% of the project funds allocated for the greening project and 10% of the project funds allocated for the municipal project. bai and wang hui did four projects in qu county, dazhou city through luo and mo. they were the old city renovation greening planting project of the housing and construction bureau, the roadside tree seedling procurement and planting project of the forestry bureau, and the two projects of the road municipal renovation and road greening of the east city life channel of the housing and construction bureau.

in luo's confession, the thank-you fee is also called "idea fee."

luo said that around 2009, not long after he arrived at dazhou city to serve as mayor, luo and mo wanted to use this relationship to go to dazhou to find some development opportunities. so luo asked he's secretary he to contact the then county party secretary of qu county by phone. because of the introduction, luo successfully got the 2010 qu county urban roadside tree and greening seedling procurement project. after the project funds were allocated, bai gave luo and mo "idea fees" according to the 15% ratio previously agreed with mo.

mo a confessed that luo got to know some county party secretaries and county governors through he b's secretary he a, who greeted relevant leaders and arranged receptions. through meals and tea, these county leaders also knew about luo's relationship with he b. before cooperating with bai, luo arranged for mo a to discuss cooperation with bai. luo and mo a were mainly responsible for finding projects, which were then handed over to bai for implementation. bai paid mo a and luo "idea fees" at a rate of 15% for greening projects and 12% for municipal projects.

in addition, the ganzi county people's court found out through trial that from 2013 to 2017, dai (handled in another case) informed mo a and luo about the situation of the qu county project. after luo asked the leaders of qu county for the project, dai handed the project to pu, li and others for construction, and mo a was responsible for the docking affairs. luo, mo a and dai helped pu, li and others to successively build three projects, namely "qu county qucheng changde commercial city to dongmen wharf sewage interception main pipeline construction project", "qu county qucheng former huazhong district municipal infrastructure construction project", and "qu county wenfengshan district shantytown dangqu avenue municipal road infrastructure construction project section 1". luo and mo a received a total of rmb 20.286 million in property from pu, li and others through dai for the above projects.

in this regard, pu testified that in 2013, pu, through dai's introduction, borrowed sichuan province's construction co., ltd. to undertake the sewage interception main pipe project of changde commercial city in qucheng, qu county. the "idea fee" at that time was 28%. the actual controllers of the project were mo a and luo. luo was the brother-in-law of he b, the director of the provincial housing and construction department at the time. mo a was a runaway for luo. the project was completed around june 2014, and the final settlement amount of the project was more than 20 million yuan, with a total disbursement of more than 17 million yuan. after receiving the project payment, company a first deducted the management fee, and then transferred the remaining funds to pu, with a total transfer of more than 17 million yuan in 3 times. pu transferred the 28% "idea fee" agreed with dai to the account of dai's younger brother dai zejun designated by dai, and transferred the "idea fee" 3 times in total. the first transfer was 2 million yuan, the second transfer was more than 800,000 yuan, and the third transfer was more than 1.9 million yuan. a total of more than 5 million yuan in "idea fees" was transferred to dai moumou through dai zejun's account on three occasions.

li testified that when the project funds were first allocated, dai explicitly asked for a 16% "idea fee" and said that the 16% "idea fee" was what the other party wanted and could not be reduced. dai said that the other party had a good relationship, a strong backing, and was a big leader, so they got the project and the "idea fee" was also for them.

the verdict also disclosed the confession of he moumou b (i.e. he jian, the former mayor of dazhou).

he claimed that luo was his brother-in-law, and that he used the influence of he as the mayor of dazhou and the director of the provincial department of housing and urban-rural development to make money by "linking projects" in qu county, dazhou. in order to thank he, luo bought a car for he's son and paid for the houses of nord one and china construction huafu for he. he always believed that luo could not do much and would not cause much impact on he, so he let him do it himself. therefore, although he realized that luo was using he's influence to link things in dazhou, he still did not clearly raise his objections to several qu county leaders.

in addition, the verdict shows that the defense opinion of luo moumou's lawyer proposed that luo moumou's behavior did not constitute the crime of taking bribes by using influence, etc. the defense opinion of mo moumoujia's lawyer proposed that mo moumoujia 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. mo moumoujia was only luo moumou's spokesperson and follower, and was an accomplice, and should be given a lighter or reduced punishment.

in this regard, the ganzi county court held that luo was the brother-in-law of he b. although he was not a close relative of he b, luo, based on his in-law relationship with he b, took advantage of the convenience formed by he b's power or status, and through the official behavior of other state officials, implemented the behavior of seeking improper benefits for the relevant construction companies, so that the relevant construction companies undertook the construction of the project involved in the case through improper means. this fact shows that luo had a close relationship with he b and can be identified as "other people who have a close relationship with the state official" as stipulated in article 388 of the criminal law. although mo a was not a person who had influence on the state official, he was familiar with the person who had a close relationship with influence and conspired to obtain improper benefits, that is, mo a was familiar with luo and conspired to obtain improper benefits, and was punished for joint crime.