Moutai executive exposed for bribery, taking chances leads to big losses
[4] Compiled from: Red Star News
Case review
Details of the bribery case involving Wang Jing, former head of the Series Liquor Business Division of Guizhou Moutai Group E-Commerce Co., Ltd. (hereinafter referred to as "Moutai E-Commerce Company"), have been exposed.
According to disclosures on China Judgments Online, from November 2016 to July 2019, Wang Jing successively served as Section Chief of the Public Relations Management Section of the General Affairs Department and Assistant Manager (in charge) of the Series Liquor Business Division at Moutai E-Commerce Company.
During this period, Wang Jing took advantage of her position to seek benefits for others, accepting 3.8221 million yuan (RMB, the same below) from others and soliciting Moutai series liquor valued at 653,100 yuan from others, with the total value of the property amounting to 4.4752 million yuan.
To be safe, in addition to accepting bribes in person, he also instructed his brother-in-law and college classmates to apply for bank cards for his use in taking kickbacks and receiving favors.
In the end, the court sentenced Wang Jing to nine years in prison and a fine of 500,000 yuan. The illicit money and property Wang Jing obtained from bribery, along with any accrued interest, were ordered to be recovered and turned over to the state treasury.
"Criminal Law of the People's Republic of China"
Article 163: Crime of accepting bribes by non-state functionaries.
Any employee of a company, enterprise, or other entity who, taking advantage of his or her position, solicits or illegally accepts property from another person in return for benefits for that person, if the amount involved is relatively large, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; if the amount involved is huge, shall be sentenced to fixed-term imprisonment of not less than five years, and may also be subject to confiscation of property.
Employees of companies, enterprises, or other units who, in economic transactions, use their positions to violate state regulations by accepting various forms of kickbacks or handling fees for personal possession shall be punished according to the preceding paragraph.
Personnel engaged in public service in state-owned companies, enterprises, or other state-owned units, and personnel dispatched by state-owned companies, enterprises, or other state-owned units to non-state-owned companies, enterprises, or other units to engage in public service, who commit the acts in the preceding two paragraphs, shall be convicted and punished according to Articles 385 and 386 of this Law.
Article 385 Crime of Acceptance of Bribes
Any state functionary who, by taking advantage of their position, extorts property from another person, or illegally accepts another person’s property in exchange for securing benefits for that person, constitutes the crime of bribery.
Any state functionary who, in economic activities, violates state regulations by accepting various forms of rebates or handling fees for personal possession shall be punished as a bribe-taker.
[1] The author's perspective
From Article 163 of the Criminal Law, it is known that employees of state-owned enterprises who engage in bribery shall be convicted and punished according to Article 385. Moutai Group is a state-owned enterprise in China, and Wang Jing is the head of the e-commerce department of Moutai Group. Therefore, Wang Jing's bribery should be convicted and punished according to Article 385.
The author believes that the reason for the distinction between the two is that bribery by employees of state-owned enterprises infringes on the normal working order of state-owned enterprises and the integrity of the official conduct of state personnel, which is different from bribery in general private enterprises, which only damages economic and commercial order. Therefore, the Criminal Law also separates the two into different articles.
Finally, in this case, although Wang Jing held a relatively low-ranking position, she was quite audacious and even employed numerous concealment tactics “for safety.” However, breaking the law is breaking the law, and no matter how sophisticated the methods, they cannot escape the vast net of justice. Therefore, one should not harbor any illusions of luck and risk suffering a great loss for a small gain.
