Without spending a penny, Cao Wei, then the deputy director of Xianyang Vehicle Management Office in Shaanxi Province, became a partner of Youke Examination Room, responsible for greeting and unblocking the relationship. Over a year, the examination room collected more than 14 million yuan in "insurance fees", and the deputy director shared more than 5 million yuan in "profits".
On March 19th, China Judgment Document Network published the first-instance judgment of Cao Wei, the former deputy director of Xianyang Vehicle Management Office. Cao Wei was sentenced to 10 years in prison and fined, and his illegal income was recovered.
> > case revelation
Cao Wei thus got more than 5 million "profits".
1) I heard that Youke Examination Room was going to be contracted out, and Cao Wei made representations and finally signed a contract agreement.
2) Li is the actual operator of the examination room.
3) Five people from Cao Weila contributed 1.5 million yuan, and the rest was paid by Li.
4) Cao Wei doesn’t invest a penny, but is responsible for greeting and smoothing the relationship so that more candidates can pass.
5) The examination room made a profit by collecting students’ "insurance fees", which amounted to more than 14 million yuan, and Cao Wei got more than 5 million yuan.
Driving schools let students "guarantee"
1) Subject 2, Subject 3 Examination:
According to the regulations, registration is required at a ratio of 2:1, and the pass rate of each examination room is about 60%.
In order to make the students who have paid the "insurance fee" qualified, the driving school that has greeted will report the number of people in proportion. If there are 10 people who have paid the "insurance fee", 5 people will be reported in proportion. If these five people are not present at the exam the next day, they will definitely fail. This will ensure that all the students who have paid the "insurance fee" are qualified.
2) Subject 1 and Subject 4:
Students who have paid the "insurance fee" will be arranged in the last two rows, and the staff will kneel on the ground to guide the answer.
> > > The deputy director signed an internal contract and made a profit by dredging the coordination relationship.
Cao Wei, a 38-year-old native of Xunyi County, has a college education and is the former deputy director of the vehicle management office of the traffic police detachment of Xianyang Public Security Bureau.
In July, 2018, the Supervision Committee of Xianyang received a report from the masses that Cao Wei had work style and economic problems. Cao Wei was taken away for investigation that month, and was arrested by Xianyang Procuratorate in September of the same year.
The Weicheng District Court of Xianyang City found through trial that the defendant Cao Wei had received more than 5.45 million yuan (including a Volkswagen Touareg SUV worth more than 650,000 yuan) from Li, the actual operator of Shaanxi Youke Motor Vehicle Driver Training Co., Ltd.
At the end of 2016, Cao Wei, then deputy director of the Vehicle Management Office of the Traffic Police Detachment of Xianyang Municipal Public Security Bureau, learned in a chat with Wenmou, the actual owner of Shaanxi Youke Motor Vehicle Driver Training Co., Ltd. that the Youke examination room operated by the company was to be contracted out, so he negotiated with Li (handled separately) that Li would contract and manage the examination room. Cao Wei arranged for Li to negotiate with Wen, but Wen refused to contract with Li. Cao Wei came forward personally, and Wenmou agreed based on Cao Wei’s status as the deputy director of the vehicle management office in charge of driving test. On March 25th, 2017, Wenmou signed a letter of responsibility for internal contracting operation with Cao Wei on behalf of the company. The contract stipulated that subjects II and III in the Youke examination room would be contracted to Cao Wei, with a contracting fee of 6 million yuan/year and a contracting period of two years. At the same time, they verbally agreed to hand over subjects 1 and 4 to Cao Wei.
After the contract was signed, Cao Wei and Li discussed the capital contribution and dividends. Cao Wei proposed to bring in five people, including his friend Gao, and let them make a total investment of 1.5 million yuan, all of which are under Gao’s name, and the remaining contract fees will be settled by Li. In terms of profit distribution, five people will be allowed to return their capital in one year, and the subsequent money will not exceed the principal of their investment every year. Cao Wei will not contribute, and the remaining profits will be divided equally between Li and Cao Wei. Li will organize personnel and be responsible for the daily management and operation of the examination room, and Cao Wei will be responsible for coordinating and dredging the relationship to ensure the stable operation of the examination room and maximize the normal and illegal interests.
After discussing the above matters, Li became the actual operator of Youke examination room, and Cao Wei used his position to greet the examiners, driving school leaders, software companies and examination room inspectors of Youke examination room, so that relevant personnel could relax invigilation, increase the number of examiners in the examination room and relax the scale of the examination system of software companies in order to allow more candidates to pass.
> > > Received more than 5 million yuan of "profits" from the examination room in 11 times, and demanded a bribe of 200,000 yuan.
The main income of Youke examination room is divided into two parts, one part is all the normal examination income of subjects 1 to 4, and the other part is the "insurance fee" for candidates from subjects 1 to 4 in addition to the normal examination income. From April 2017 to July 2018, the Youke examination room collected a total of more than 14 million yuan in "insurance fees". From April 2017 to July 2018, Cao Wei received more than 5 million yuan of "profit" from Li’s examination room in 11 times. In May 2017, Cao Wei handed over 200,000 yuan of the 5 million yuan received to Li to pay the down payment for car purchase. Subsequently, Li arranged for Zhao to pay the remaining purchase price of 450,000 yuan to buy a Volkswagen Touareg off-road vehicle for Cao Wei.
In addition, Cao Wei also demanded a bribe of 200,000 yuan from Li on the grounds of personnel adjustment and job promotion.
In October 2018, Cao Wei was expelled from the party membership and public office, and all the more than 5 million yuan received was returned to the court account, and the off-road vehicle involved was transferred with the case; In December 2019, Cao Wei’s family paid a fine of 200,000 yuan.
Cao Wei confessed that from March 2015 to the time of investigation, he had been the deputy director of the vehicle management office, responsible for the city’s driver examination. As a public official, I didn’t want to sign the contract, but Wenmou strongly disagreed. After repeated consultations, Cao Wei signed the contract.
Cao Wei also took care of the Youke examination room, such as greeting the examiner, driving school, vehicle management office examination room, etc., and taking care of the examination scale, the passing rate of the examination room and the examination and inspection of the examination room.
Li said that the normal income of subjects 1-4 in Youke examination room is only enough for the usual expenses, and the main way to make a profit is to collect students’ "insurance fees". With the convenience of Cao Wei’s status as deputy director, this part of the fees can be collected conveniently, and the profit of the examination room will be improved.
> > > In order to ensure the smooth passing rate of the exam, the empty newspaper staff will not take the exam.
Zhao, the director of the examination room, said that "guaranteeing fees" is illegal, that is, the examination room gives priority to ensuring that students who pay this part of the fee pass the exam by bribing the examiner and cheating themselves.
Zhao is in charge of subject 2 and subject 3, and only meets with the driving school principals. During the mock exam the day before the exam, some driving school principals will provide Zhao with a list of people who need to be insured. Zhao will charge according to the standard of "insurance fee" in the examination room, and then the money and list will be handed over to Li by Zhao, and some driving school principals will directly hand over the list and "insurance fee" to Li.
The examination room has special requirements for the registration of subject 2 and subject 3 of the driving school branch, and the registration is made according to the ratio of 2:1. For example, there are 10 people who have paid the "insurance fee", and 5 people must be reported in proportion. These five people are called "airdrops" in the industry. They are not present at the examination the next day, and these five people will definitely fail, so as to ensure the smooth passing rate of the examination in the examination room. Because the traffic police detachment has requirements for the pass rate of each examination room, which is about 60%, in order to ensure that the personnel who have paid the "insurance fee" occupy the pass rate, the unqualified rate can only be guaranteed by this method.
The examination room computer software will control the examination system, and the list of students who have paid the "insurance fee" will be entered into the examination room computer software, with a very high pass rate, which is the same for subjects 2 and 3. Subject 1 and subject 4 are to arrange the students who have paid the "insurance fee" in the last two rows, and the staff will kneel on the ground to guide the answer.
> > > In the first instance, he was sentenced to 10 years in prison and fined 500,000 yuan, and the illegal income was confiscated.
The court held that the defendant Cao Wei, as a national staff member, used him as the deputy director of the traffic police detachment vehicle management office of Xianyang Public Security Bureau to take charge of the job convenience formed in the driver’s test and the examination room in charge of the city, and solicited and illegally accepted other people’s property for many times, totaling 5,659,547.56 yuan, seeking benefits for others, which was extremely huge. His behavior violated the normal working order of state organs and the system of building a clean government in the country, and constituted the crime of accepting bribes.
Defendant Cao Wei demanded 200,000 yuan from Li, the actual operator of Youke Examination Room, on the grounds of promotion, which was a bribe and should be severely punished.
In view of the fact that Cao Wei can truthfully confess his crimes after being brought to justice, he can be given a lighter punishment according to law. Being able to plead guilty in court, sincerely repent, return the stolen money, pay part of the fine, and truthfully confess other crimes of the same kind that the case-handling organ has not yet mastered, may be given a lighter punishment as appropriate.
In the first instance, the court sentenced the defendant Cao Wei to 10 years’ imprisonment and fined 500,000 yuan for accepting bribes. More than 5 million yuan of illegal income and a Volkswagen Touareg off-road vehicle were recovered and turned over to the state treasury (recovered).
On January 4th this year, Huashang Daily also reported that four people, including the police and examiners of Xianyang Vehicle Management Office, accepted the examination room and were all sentenced for accepting bribes.
(Original title: Zero-funded behind-the-scenes boss of the driving test venue, receiving more than 5 million yuan in "profits" for more than a year; Cao Wei, former deputy director of Xianyang Vehicle Management Office, was sentenced to 10 years in prison and fined 500,000 yuan for accepting bribes.
Source: Guotai Junan Securities Research
Image source: Pharmaceutical Online
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