mayor resign reselling the land both life and wealth
□ freelance writer Zhimin
2009 年 12 7, Nanjing Public Security Bureau announced the 2009 Economic Investigation Detachment Ten typical cases of economic crime throughout the year in which the original Jiangpu County Deputy Mayor of Nanjing, Luhe District, former executive vice mayor Liu Yougui resign sea reselling 1,500 acres of land, 1.5 billion yuan in illegal profits of major one of them.
before the November 10, 2009, Nanjing Shimonoseki Liu Yougui District Court sentenced the defendant to 4 years and 6 months imprisonment and fined 16 million yuan; unit of all the illegal income confiscated the defendant and the illegal income generated revenue to the state treasury.
brightest political star
core resign sea
had just returned from the Jiangsu Provincial Party School, Plot Deputy Mayor Liu Yougui Bianxiang Organization submitted his resignation in November 2002, when he was less than 39 years old, he self-employment into business. Had to work for only two years was promoted to Jiangpu County Youth League secretary, then as mayor, county Assistant. Since the age of 35, served as Deputy Mayor of Nanjing Jiangpu County, May 2002, executive vice mayor transferred Plot, soon to be sent to the Jiangsu Provincial Party School, is the shining star of Nanjing politics.
Many people think that this is the traditional Chinese
However, Liu Yougui not crazy, and no one thought so noble, is not a whim. The purpose is to resign his eyes on a piece of land, decided to develop the real estate profit.
original, Liu Yougui Jiangpu County as Deputy County in the period, has been in charge of construction, land and other departments to work on land policy, land development process, market demand is very familiar. When you see a batch of developers to the land from his hand up after the outbreak after another, his psychological unbalanced. He decided to quit the sea, as Deputy County to use their personal connections and engage in real estate development.
Liu Yougui resignation prior to their original old men, when he Pukou District (May 2002, Jiangpu County, Pukou District merged to form the new Pukou District) Land Bureau, Mr Wong and others asked more than 1,500 acres he saw in how the value of a piece of land, the other veteran leaders answer truthfully: confidence.
use of network resources
become real estate speculators
2003 year, Liu Yougui friend to find a real estate development, by funding 400 million, up Enron set up the Nanjing Real Estate Development Co., Ltd., and served as chairman.
Liu Yougui saw in the land to seek hand, the days will get this land transfer plans. Because of the transfer plans, only plans, with plans to auction. With Liu Yougui face, Pukou District Magistrate departments see the old thing, and immediately run the planning elements, according to Liu Yougui the requirements of the site to determine the nature of the project to build a villa for a class living space.
Liu Yougui fancy piece of land up to 1514 acres, and his only book on the company borrowed 400 million yuan. He found District Construction Bureau (Planning Board), proposed the so-called red line and blue line batch transfer program, is to 1514 acres of land divided into two parts red and blue lines, red part of the first listing, 10% down payment transfer payments, such Liu Yougui over 400 million just to pay; the remaining part of the blue line, and so again when conditions are ripe to sell. To the Blue Line can transfer part of the land, he asked the department of land transfer documents in the annex listing specific offer to sell part of the Blue Line conditions: won the 563 acres of land within a year and a half later, if we can raise enough funds he can be the price of one and a half before the Blue Line and then won the 951 acres of land within. If the real estate market is not good, he can abandon the purchase, and control them.
do all of this, Liu Yougui is not assured. Because the state policies and regulations, land transfer must be made public bidding, auction.
bid to ensure they can succeed, Liu Yougui inspired Pukou District Land Board land transactions during the Spring Festival, only in the local TV weather forecasts in the form of columns to scroll subtitles auction and release information. As Liu Yougui expected, the information release out, in addition to Liu Yougui newly established company registration Enron bid, and no one company involved in the auction. In this way, Liu Yougui successfully got to the reserve price. His Enron Closing the day before the bid, submitted to the District Land Bureau proposal, offer for 4504 million, while 300 million to pay the deposit.
2003 年 2 10 February, Pukou District Land Board and Enron signed a contract to sell, Liu Yougui finally got his wish to reserve price to 80,000 yuan per mu, the transferee of the 563 acres of land.
get the red part of the land, the Liu Yougui coveted blue line and 951 acres of land a part. April 16 that year, his company paid only red part of the land leasing 4.5 million yuan in the first phase of the case, then signed with the Pukou District Land Branch of the remaining 951 acres of land transfer contract. The total price for the Blue Line, part of the 76.12 million yuan, Liu Yougui two real estate companies to the other nine million yuan loan for the down payment to pay the transfer fee cases to 7.62 million yuan.
this way,
hogan scarpes, Liu Yougui some gorgeous sea turned turned into sitting on 1514 acres of land, real estate speculators.
repeated resale resale
become a billionaire
Liu Yougui Although the 1514 acres of land became the to settle in all the land transfer, land use right certificate to do next, a real However, 8 million in transfer payments per mu stumped him.
So, he found the development of Nanjing, a stronger company, the company directly to say they had just opened soon, do not have enough money to develop, indicating their willingness to drive down the land transferred to the company's development, thereby dispel each other's concerns.
hear the company's General Lee, and immediately led the company after the board members went to the scene closed the site visit. Liu Yougui price of 115,000 yuan per mu transfer out, the two sides signed the 1514 acres of land use right transfer contract, the total transfer of up to 172.5 million yuan.
the transfer, so that Liu Yougui received tens of millions of the post. June 27 that year, his Enron Corporation, once received a call from Lee paragraph 83 million yuan of land transfer. Liu Yougui use the money to pay part of the land transfer, and preparing for real estate development projects.
At this point, Liu Yougui by soaring land prices soared was dog eat dog, end of the year, he was there by 8,000 million Lee Corporation shall not pay land transfer of the machine, which recovered 764 acres. In this way, Liu Yougui again get the
land re-hand, and Li Liu Yougui total 1514 acres of land each owned half of it But still and Li Liu Yougui total joint development, joint operation of two pieces of land in order to better price.
Fast forward 3 years later, Liu Yougui has not found the right under the house, Lee Corporation as cash flow difficulties, from Liu Yougui to buy the land but also the delay in development. In this way, although the land changed hands several times, but still has been the sun. For ease of operation, June 19, 2006, Liu Yougui and a project company incorporated - Kairon companies, of which Enron invested 9 million yuan, 90% of the total share capital, for 764 acres of land to put your own name Kairon by Kairon companies came forward looking for the next home.
but this 764 acres of land transfer has not been paid, permit delays Banbuxialai land. At this point, Liu Yougui face once again play a role. He found Mr Wong District Land Bureau, made the rest of the land certificate want to do. Wang undaunted: arrangements will be 1514 acres of land in the hands of the remaining 764 acres of land use right certificates to do to Kairon company name.
Liu Yougui went around looking for buyers. By a friend, a strong Beijing Liu Yougui that large companies want to engage in Nanjing villa development to take place, so warm and inviting each other to come to visit. Beijing company line down the aircraft, toward the Pukou site to see land. After watching gang, immediately there is the intention of the investment and development. But Beijing has made a request, that is, together with Liu Yougui to Lee before the Corporation has been transferred to the land as a whole Liu Yougui said no problem, he persuaded the General Lee with the transfer. After negotiations, Liu Yougui the company agreed with Beijing, Lee Corporation, the form of land ownership transfer of land, the land in order to transfer his shares in the form of transfer, this cover up the illegal trading of the land use right of the facts. Transfer price of 25 million mu, a lump sum payment after the transfer of shareholding changes.
2007 year, Liu Yougui and Lee rushed to the total along with Beijing, and Beijing that the company conducted a second round of negotiations the transfer of land to finalize the land price of 280,000 yuan per mu. April 2007, the parties signed a
Liu Yougui master not only revitalize the land, but also a tax expert. He has taken the form of stock transfer project company transfer of land, not only to avoid a lot of laws and regulations, but also to avoid the high taxes.
this way, back and forth several times by
be anonymous
end up with both life and wealth
Liu Yougui made a fortune though, but living in official circles, he understands the importance of low-key life. No money, he spend money, money later, it began to become thrifty. Throw away a few years ago for not wearing the suit, was again picked up to re-draped over his shoulders, cracking was discarded shoes, which he painted with shoe polish to re-set in the foot.
Nevertheless, it was eyeing him. June 2007, Nanjing Commission for Discipline Inspection received an anonymous letter reporting Liu Yougui illicit enrichment, reporting Liu Yougui resign sea in the period, well-planned access to land, illegal reselling, flourishes acts.
Nanjing Commission for Discipline Inspection and the informants contacted investigators, informants and investigators by E-mail to provide a lot of clues. Then, investigators preliminary understanding of the Liu Yougui the criminal facts. Then discipline inspection, public security, prosecution, and auditing departments set up task force, launched a full investigation.
When the investigators and Liu Yougui positive contact, said he was suspected of violating the Liu Yougui called real estate development land transfer is a common phenomenon in the market: Because this is the first from the alleged breach of Nanking Investigators did not mind the end, in consultation with many experts in criminal law, the police in criminal detention for Liu Yougui, Shimonoseki District Prosecutor's Office shut down the District Court.
trial, Nanjing customs area, the Liu Yougui negate the prosecution charges against him. He argues that land is government behavior, and enterprises do not have any relationship, he was to start a company, only to find the government to buy land. One did not steal their own, two did not rob, three did not bribe, the government finally sold the land to reserve your company, on their own terms, that is legitimate, it should be protected by law. He also believed that the way to the equity transfer and the Beijing real estate development companies, is a common phenomenon in real estate, is allowed by law.
Prosecutors argue that, in accordance with crimes. The core elements of its composition there are two charges: one for the purpose of making profits; second is a violation of regulations on land administration. Specifically, one not paid in full in the case of land transfer transfer of land; the second is not the case of land use right transfer of land. Control these two, Liu Yougui fully meet the criminal acts of the constituent elements.
2009 年 11 on 10, Nanjing, Shimonoseki district court conducted a verdict on the case, sentenced the accused guilty of illegally reselling Liu Yougui land use right, sentenced to 4 years and 6 months, and fined 16 million yuan; accused Enron unit real estate company in Nanjing illegal gains of RMB 154 million yuan and the revenue generated by the illegal income confiscated 2378 million yuan, to the state treasury.
Liu Yougui pains resign to the sea, the fishing for a large, did not expect to end up this end.
well-known criminal law expert, Nanjing University, told reporters that the new Criminal Code amendments, the Criminal Law does not the charge. This case, the defendant for the purpose of profit-making units, the land transfer is not paid, have not yet obtained land use rights, raw land for resale, has illegal profits up to 1.5 billion yuan, the court was right for its confiscation of illegal gains a; defendant Liu Yougui as the defendant directly responsible persons in charge and persons directly responsible for two parcels of land directly involved in and control the illegal reselling of behavior, according to China's in accordance with
experts said Liu Yougui case reflects some level of official right, the incumbent power in the hands of Renshi Li used to establish their own Characteristics of futures markets. This
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