Moutai executive exposed for bribery, taking chances leads to big losses
[4] Compiled from: Red Star News
Case review
The details of Wang Jing's bribery, former head of the series liquor department of Guizhou Moutai Group E-commerce Co., Ltd. (hereinafter referred to as "Moutai E-commerce Company"), have been exposed.
According to the China Judgments Online, from November 2016 to July 2019, Wang Jing successively served as the section chief of the Public Relations Management Section of the General Department and the assistant manager (presiding over work) of the Series Liquor Department at Moutai E-commerce Company.
During this period, Wang Jing took advantage of his position to seek benefits for others, accepting 3.8221 million yuan (RMB, same below) in bribes and extorting Moutai series liquor worth 653,100 yuan, totaling 4.4752 million yuan in property value.
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.
Ultimately, the court sentenced Wang Jing to nine years in prison and fined him 500,000 yuan. The illicit gains and their proceeds from Wang Jing's bribery were confiscated 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 unit who, taking advantage of their position, solicits or illegally accepts property from another person to seek benefits for that person, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; if the amount 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, Wang Jing's position was not high, but his audacity was considerable, and he even adopted many covert measures "for safety." However, committing a crime is committing a crime; no matter how sophisticated the means, they cannot escape the net of justice. Therefore, one should not harbor a fluke mentality and lose big for small gains.
