General manager who misappropriated public funds says being a people's congress representative is a burden

by zzfdhdb on 2011-08-09 14:17:55

Information Times report (reporter Yan Xiaoguang) - Although being a people's representative, Shi Yuqing, the People's Representative of Meizhou City, was suspected of embezzlement and misappropriation of funds. Yesterday morning, Shi Yuqing's case of allegedly embezzling a huge amount of money and then fleeing was heard in Meixian County Court. Shi admitted on the court that he took the money but did not consider it as a crime, claiming that he didn't escape at the time but went to Beijing for petitioning.

Court Session:

He arrived at the court for trial in his Mercedes-Benz

At 9:00 AM yesterday, Shi Yuqing drove a Shenzhen-licensed Mercedes-Benz car to the court for the trial. According to the indictment, Shi Yuqing is suspected of embezzling over 1 million yuan and misappropriating over 5 million yuan.

Shi admitted in court that he had taken the money but denied that it constituted a crime. He argued that the alleged misappropriation of over 5 million yuan should actually be 4.3 million yuan, and withdrawals were approved by other shareholders; regarding the charge of embezzlement, "these funds are the joint property of the three partners in the cooperative project, not the property of Jinxing Company."

Defense:

"I didn't run away, I went petitioning"

Did Shi Yuqing really flee? The judge directly questioned Shi Yuqing in court, who claimed that he did not escape but instead went to Guangzhou and petitioned to the National People's Congress. The judge asked again, "Why did you return to surrender?" Shi replied that he felt he had been wronged and wanted to come back to clarify things.

Shi also claimed that he did not use the funds from promissory notes to buy villas and Mercedes-Benz cars but used his own money. All the funds obtained through promissory notes were used in project operations with the consent of the shareholders.

After the court session, Shi told reporters, "The identity of a people's representative was once a halo, but now it's a burden for me. The media only reported because I am a people's representative. In November last year, my family advised me to surrender, and after obtaining bail, I returned immediately."

Victims:

Family Ruined, Creditors Coming to Collect

Wang Fopeng, the chairman of Jinxing Real Estate Development Company in Xingning and a major shareholder at the time, complained yesterday about his current predicament. He stated that Shi Yuqing not only misappropriated more than 30 million yuan using promissory notes but also used his assets as collateral to secure loans of over 10 million yuan from banks, resulting in his financial ruin and creditors swarming to his door.

The procuratorate determined through shareholder agreements that Shi Yuqing only misappropriated over 5 million yuan. Wang Fopeng said that before this case entered criminal litigation, the shareholders of Jinxing Company reached an agreement: if Shi Yuqing could return around 5 to 6 million yuan, the rest would be offset through other accounts.

Case Retrospective:

"The People's Representative Who Wouldn't Run Away" Ran Away

Meizhou Procuratorate Previously Refused Police Approval for Arrest Citing No Necessity

In 2008, Wang Fopeng, chairman of Xingning Jinxing Real Estate Development Company, reported to the police that Shi Yuqing, general manager of the company and a people's representative at three levels - Meizhou City, Xingning City, and Huangpi Town - was suspected of misappropriating over 30 million yuan from the company to purchase Mercedes-Benz cars, villas, etc. On February 23, 2009, the Meizhou Public Security Bureau requested the Meizhou Procuratorate to approve Shi Yuqing's arrest. The Meizhou Procuratorate believed that Shi Yuqing had already committed a crime but there was no need for arrest, so they made the decision not to approve the arrest.

Wu Guibiao, deputy procurator-general of the Meizhou Procuratorate, previously told the media: "The key reason we didn't arrest him is that he wouldn't run away, wouldn't collude with others, and wouldn't pose a threat to society."

After research between the Guangdong Provincial Public Security Department and the provincial procuratorate, it was required to take compulsory detention measures against Shi Yuqing according to law. After reporting to the Standing Committee of the Meizhou Municipal People's Congress for approval, the Meizhou Public Security Bureau implemented criminal detention measures against Shi Yuqing on May 19 of the same year, but Shi had already fled. The police then issued a warrant for his arrest. After Shi Yuqing fled, the public was shocked. The Guangdong Provincial Procuratorate promised through the media that Shi Yuqing would be immediately arrested upon capture.

On November 12 last year, Shi Yuqing surrendered to the Meizhou Public Security Bureau and was granted bail on November 19. A relevant official from the Guangdong Provincial People's Procuratorate explained that after understanding from the Meizhou People's Procuratorate, the reason Shi Yuqing wasn't arrested at the time was that the local police did not report to the procuratorate for arrest.