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On May 7, the Shaanxi Provincial High Court announced the "Top Ten Trial Execution Cases of Shaanxi Courts in 2018", and the "Yu Fan Case" was among them.

The last time the case appeared in the media was in late May 2015, four years ago. CPC Central Commission for Discipline Inspection organ newspaper "China Discipline Inspection and Supervision" disclosed that Yu Fan, former director of the village (neighborhood) committee in Dongtan Village, Xi ‘an, took a bribe of 50 million yuan by taking a single demolition. The news was published and shocked the whole country for a while.

After the first trial of the case, Yu Fan and the public prosecutor filed appeals and protests respectively. The court of second instance confirmed that Yu Fan took bribes of 51 million yuan and paid bribes of 1.8 million yuan to two public officials.

The reporter of the upstream news (breaking the micro-signal: shangyounews) found that around the competition for 108.543 mu of construction land and the benefit fee of 51 million yuan, this village director with only junior high school education has a complicated and hidden modus operandi.

Villagers: The village director is overbearing and greedy.

Dongtan Community, Zhangba Street, Yanta District, Xi ‘an City, Shaanxi Province, is located in the west of the West Third Ring Road in Xi ‘an City, and there are many science and technology industrial parks around it, which is one of the high-tech centers in Xi ‘an.

It was a village 14 years ago. In 2005, Yu Fan, a 33-year-old villager, became the village director of Dongtan Village after the general election, responsible for the affairs of the village.

There are different opinions on how to be elected. However, in the 10 years after his election, Yu Fan never left his post. If Yu Fan had not been arrested on suspicion of accepting bribes in January 2015, some villagers speculated that Yu Fan might still be the village director today.

In Dongtan Village, Yu Fan has another name called Yu Jianjun.

"Overbearing" and "greed" are the descriptions shared by many villagers. The villagers told the upstream journalists that a building was to be built in the north of the village, but the village party secretary and some villagers opposed it. The matter was heated up, but the building was built afterwards.

Many villagers believe that Yu Fan’s "overbearing" and "greed" also laid a curse for his imprisonment.

However, some villagers think that any "good village head" is "kind and easy to deal with". He once gave 100 yuan living allowance to everyone over 70 years old in the village every month, organized activities for the village, made sanitation, and gave rice and noodles on holidays.　

Around 2009, the information that Dongtan Village will be demolished has spread.

According to the information issued by the land department, in the process of urban village reconstruction, in order to protect the rights of landless peasants, on February 23, 2010, the Xi ‘an Municipal People’s Government agreed to allocate 108.543 mu of state-owned construction land south of Jinye Road and west of West Third Ring Road to Dongtan Village for the construction of villagers’ houses.

Ren, who learned this news, got in touch with Yu Fan.

▲ Yu Fan’s first-instance judgment.

The village director asked the real estate developer for 50 million yuan.

Ren and Yu Fan knew each other in 2003, and they had a close relationship, and they had borrowed money from each other.

In 2008, Ren established Shaanxi Kaixin Investment Guarantee Company (hereinafter referred to as Kaixin Company), for fear that his establishment of an investment guarantee company would affect the financing of coal business. Ren has borrowed many identity documents, including those of his sister-in-law’s father.

From April 2008 to April 2009, Ren increased the registered capital of Kaixin Company from 5 million yuan to 100 million yuan by means of borrowing three times.

Many years later, Ren told the presiding judge that in August and September 2009, after he put forward the idea of jointly building Dongtan Village, Yu Fan asked him for 50 million yuan in benefits.

After discussing with his friend He Mou, Ren Mou thought that even so, there was still profit after the housing development, so he agreed to Yu Fan’s idea.

On January 19th, 2010, Dongtan Village Committee and Shaanxi Li Zhuo Industrial Co., Ltd. (Li Zhuo Company for short) signed the Cooperative Development Contract to jointly develop 132.37 mu (108.543 mu) of state-owned land in the village. According to the contract, Dongtan Village will provide the right to use 108 mu of state-owned land, and Li Zhuo Company will invest all the construction funds to jointly develop the "Jinshang Famous City" residential district.

Few people know that in the month before the signing of this contract, Yu Fan, Ren Mou and He Mou and others passed through a series of complicated and tedious companies changes in equity around 50 million benefits.

▲ Shaanxi Provincial High Court announced "Top Ten Trial and Execution Cases of Shaanxi Courts in 2018", and "Yu Fan Case" was among them.

Get the benefit fee after the equity change

Ren told the presiding judge that in December 2009, he invested 20 million yuan to set up Li Zhuo Company. The company law of Li Zhuo is Ren, and Kaixin Company accounts for 90% of the company’s shares, and the other 10% of the shares are the identity information of any employee.

In order to ensure that the benefits can be implemented, Ren handed over Kaixin Company to Yu Fan for management. Because the company was registered with the identity information of Yu Fan’s brother-in-law’s father and others, the company was already a shell company, and Yu Fan was the actual controller.

Since then, Yu Fan has used the identity information of his comrade-in-arms’ wife to acquire 10% of any employee’s shares in Li Zhuo Company at a price of 2 million. Afterwards, it was confirmed that there was no actual capital exchange for this equity change.

Ren and He told the presiding judge that they were short of funds at that time, and they could not give 50 million benefits to Yu Fan for a while. After discussion, they paid 20 million benefits in advance, and Yu Fan agreed. Since then, a series of changes in equity began.

On March 22nd, 2010, He paid 2 million yuan to acquire 10% equity of Li Zhuo Company held by his wife.

On the same day, He transferred 7.8 million yuan to Kaixin Company to acquire 39% equity of Zhuoxin Company, and Ren paid 10.2 million yuan to Kaixin Company to acquire 51% equity of Zhuoxin Company.

At this point, the shareholding ratio of Li Zhuo Company is: Ren Mou 51%, He Mou 49%, and Yu Fan successfully got 20 million yuan in benefits.

In accounting bookkeeping, borrowing and repayment are accounted for separately.

▲ Dongtan Community. Photography/upstream news trainee reporter Jia Chen

Developer: Without the cooperation of the village director, the project could not be completed.

Ren and He told the presiding judge that after the project was officially started, the construction process was not smooth, because there was still 30 million yuan in benefits, and Yu Fan repeatedly used the identity of the village director to influence the construction.

In order to ensure that he can get the remaining 30 million yuan, on October 20th, 2010, Ren transferred 25% equity of Li Zhuo Company to Kaixin Company at a price of 5 million yuan. However, it was later confirmed that there was no capital exchange between the two sides.

The public prosecutor accused that on August 28th, 2012, Li Zhuo Company transferred another 30 million yuan to Kaixin Company. Kaixin Company did not handle the account of the money, but signed a Short-term Loan Contract with Xi ‘an Vocational College of Science, Technology and Commerce (hereinafter referred to as Business College) in the name of Kaixin Company, lending 30 million yuan to Business College.

He told the presiding judge that after the transfer of 30 million yuan, Yu Fan called and said that 50 million yuan had been received.

In 2014, Kaixin Company completely withdrew from Li Zhuo Company without any equity.

After receiving the benefit fee of 50 million yuan, Yu Fan was worried about the problem, so he found Ren and He to sign an equity transfer contract with the equity price of 50 million yuan. The contract showed that the signing time was March 2010. This false equity transfer contract is to cover up the fact that Yu Fan received a benefit fee of 50 million yuan.

Ren told the presiding judge that the reason why he gave Fan a 50 million yuan benefit fee was because without his cooperation, the project construction could not be successfully completed.

The quality of community storage is asking for another 1 million.

Around July 2013, some houses of the "Jinshang Famous City" project were delivered, but some villagers found quality problems such as water seepage in the renovation process.

Yu Fan arranged village cadres to coordinate with them and asked Li Zhuo Company to solve the problem. During this period, the construction party, China Railway Xi ‘an Company, carried out maintenance on the problem houses. The deputy manager of China Railway Xi ‘an Company recalled that Yu Fan asked for 3 million yuan in compensation, and their company thought it was not a quality problem and failed to reach an agreed result.

Li Zhuo Company needed the cooperation of Dongtan Village when it went through the land transfer formalities for the "Jinshangmingcheng" project, but Yu Fan refused on the grounds that the house had quality problems. After discussion, we demanded compensation of 1 million yuan from Li Zhuo Company.

On January 23, 2014, Li Zhuo Company transferred RMB 1 million to another company controlled by Yu Fan in the name of paying the project cost on behalf of China Railway Xi ‘an Company.

The court investigation showed that China Railway Xi ‘an Company had compensated three villagers for a total of 19,500 yuan. However, Yu Fan has never given three people compensation for housing quality.

▲ Press conference of Shaanxi Provincial High Court.

Bribery of 1.8 million yuan to two public officials

Yu Fan also confessed that as the village director, he had paid bribes to two public officials responsible for demolition.

Xu Bingwen (sentenced), then deputy director of Zhangba Sub-district Office, served as deputy head and office director of the leading group for demolition and resettlement work.

In March 2010, Poly (Xi ‘an) Real Estate Development Co., Ltd. (hereinafter referred to as Poly Company) entrusted Zhangba Street Office to implement the land acquisition and demolition work of "Zhangba North Road Residential Area Land Grade I Development Project".

In the first half of 2012, Gu Mou, secretary of the branch of Chenlin Village of Zhangba Street Office and director of the village committee, rented a piece of land of 20.5 mu to plant seedlings in the village in order to obtain compensation for demolition. After learning about this incident, Xu Bingwen was worried about the bad influence and asked Gu to transfer the seedlings to Yu Fan, who paid the transfer amount of 3.05 million yuan.

In the second half of 2012, at the time of compensation, Xu Bingwen greeted the on-site person in charge of Poly Company and asked for care.

On January 23, 2013, the company paid compensation of 7,544,600 yuan for seedlings. After that, Yu Fan got the balance of 5.25 million yuan.

In order to thank Xu Bingwen for his help, Yu Fan offered Xu a thank-you fee of 700,000 yuan. Three months later, Xu Bingwen invested in the shop and transferred 400,000 yuan to Yu Fan.

Hu Xiaofen (sentenced) was then the deputy director of the second office of land acquisition and demolition in Xi ‘an High-tech Zone. In September 2012, Yu Fan contacted him and requested that the land transfer fee paid by Li Zhuo Company be returned to Dongtan Village in the name of land compensation, and asked Hu Xiaofen to help Dongtan Village win more funds, and promised to give him a thank-you fee of 1 million yuan after the completion.

Hu Xiaofen reported the return of land compensation to the relevant departments, and proposed to allocate funds to Dongtan Village in the name of compensation difference of ground attachments.

On October 9, 2012, the Land Reserve Center of Xi ‘an High-tech Zone allocated two funds, namely, 33,453,147 yuan of land compensation and 2,926,000 yuan of compensation difference for ground attachments, to Dongtan Village account. At the beginning of 2013, Yu Fan gave Hu Xiaofen 1 million yuan in an apple box at the exit of Qujiang Ring Expressway in Xi ‘an.

At the end of 2013, Yu Fan asked Hu Xiaofen to help Dongtan community apply for some funds. Hu Xiaofen asked Yu Fan to apply to the Hi-tech Management Committee in the name of the Dongtan Community Letters and Visits Stability Award, and promised to strive for it as much as possible, and gave Yu Fan a benefit fee after the job was done.

On January 16, 2014, the special meeting of Xi ‘an High-tech Zone Management Committee decided to pay 1.05 million yuan to the two committees of Dongtan Village, and on January 26, 2014, the Land Reserve Center of High-tech Zone transferred 800,000 yuan to Dongtan Village.

Later, Yufan gave Hu Xiaofen 400,000 yuan near her office. Yu Fan paid bribes to Hu Xiaofen twice, totaling 1.4 million yuan.

After the first-instance judgment of this case, the Xi ‘an Procuratorate filed a protest and Yu Fan filed an appeal. Yu Fan appealed that he was not the actual controller of Kaixin Company, and he didn’t know about the transfer of 50 million yuan from Li Zhuo Company to Kaixin Company, nor did he possess the money. Li Zhuo Company paid 1 million yuan for the project, which is a civil act, and the evidence that it took bribes was insufficient in the first instance. He paid bribes to Xu Bingwen and Hu Xiaofen for the benefit of Dongtan Village. He did not seek illegal benefits himself, so his behavior did not constitute bribery.

The Shaanxi Provincial Higher People’s Court found in the second instance that the amount of bribes received by Yu Fan was 51 million yuan, and he was sentenced to 13 years’ imprisonment, 2 million yuan of property confiscated and 200,000 yuan fined for accepting bribes and bribery by non-state staff. 51 million yuan of illegal proceeds was confiscated and recovered according to law and turned over to the state treasury.

Upstream news trainee reporter Jia Chen

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