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Hospital employees made tens of millions by reselling 58 houses - Yingting demolition lawyer

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Article author:Yingting Lawyers Group | Update time:2019-08-09 | Reading times:316

"I have been struggling for more than three years. At first I wanted to report the problem, but I didn't expect that there were tens of millions of major cases hidden behind it." On the afternoon of May 30, 47-year-old Zhao Ying (pseudonym) was surprised when she recalled her experience in reporting. Xu Genle, the protagonist of the tens-million-dollar case, sold 58 demolished turnover houses of the Fuwai Cardiovascular Hospital of the Chinese Academy of Medical Sciences (hereinafter referred to as Fuwai Hospital) at an increased price within a year and a half, making a profit of more than 10 million yuan. What awaits Xu Genle is life imprisonment.

The Beijing News reported that more than 50 turnover houses prepared for demolition households were accidentally left. As a result, Xu Genle, a clerk at Fuwai Hospital, sold them at a higher price within a year and a half. He was sentenced to life imprisonment for illegally making more than 10 million yuan. On May 31, Xu Genle’s defender revealed that Xu chose to give up the appeal. Now the judgment has come into effect and all three properties have been confiscated.

58 turnover houses are entrusted to one person to handle

According to the prosecution's accusation, the defendant Xu Genle took advantage of his position as responsible for the sale and property rights management of hospital demolished turnover houses from April 2009 to March 2011 to sell the house at a higher price, and illegally took possession of the increased price of more than 10 million yuan. The stolen goods were used for personal purchases of three properties. After the incident, all the stolen goods and stolen goods were recovered.

According to the official website of Fuwai Hospital, in April 2008, "in order to vigorously promote the demolition work, the hospital office will agree to purchase demolition turnover housing." At that time, the hospital purchased a total of 60 properties, which is the entire building of Building 1 at No. 6 Xili, Shuangqiao Road, Chaoyang District, "for 6,660 yuan per square meter, and the total transfer price was more than 34.4 million yuan."

According to the original plan, the hospital planned to use the 60 houses to house the demolished households during the expansion project. Due to other plans, only one demolished household used two houses. In order to recover the cost of buying the house as quickly as possible, the hospital office chose to sell the remaining houses and admitted that Xu Genle, a demolition officer, would handle the matter. The price confirmed at that time was 7,680 yuan/square meter.

Sell the house and use the car to transport the difference in cash

During the trial of the case, Xu Genle confessed that after the hospital entrusted the matter to him, he asked his friend Zhang to register a real estate trading company in Miyun and asked Zhang to sell the property in Xili, Shuangqiao Road.

Based on on-site visits, the two found that the bidding price in the Shuangqiao area at that time was about 12,000 yuan/square meter, so they agreed to sell more than 50 houses at 10,000 yuan or 11,500 yuan per square meter on different floors. After the sale, Zhang remitted money to the Fuwai Hospital account at 7,680 yuan per square meter, and the higher price was given directly to Xu Genle in cash.

Zhang's testimony flashed, "He said that the cash would also be handed over to Fuwai Hospital," so every time she sold the house, she counted the cash according to Xu Genle's requirements. After all, the cash was so much that it could only be transported by car, and then moved to Xu Genle's office in cardboard boxes. Due to the low price, apart from keeping two of the 15 houses he sold, Zhang basically sold them to relatives and friends.

In January 2010, Xu Genle began to cooperate with an intermediary named Ren. Ren's testimony showed that she helped Xu sell 43 houses in total.

Greedy loot turned into three apartments

According to Xu Genle's confession, these price differences were received one after another through bank transfers, cash and other methods.

According to inspections by the case-handling agency, except for about 5 million left in Xu Genle's Bank of Communications card, the difference was converted into three properties - an apartment on Chongwenmenwai Street, a penthouse on Xili of Shuangqiao Road, and asmall property rightsroom.

The court believed that Xu Genle had committed the crime of greed. In view of his good attitude in pleading guilty and all the stolen goods were recovered and recorded in the record, it was given a lighter punishment and sentenced to life imprisonment.

■Follow up

The buyer was unaware and was not involved

"Had I known it was a resale house, who would have dared to buy it? Fortunately, no one (case investigators) has ever approached me." Mr. Wang, who just bought a two-bedroom apartment in Building 1, No. 6 Xili, Shuangqiao Road in early 2012, said that he bought it from an intermediary.Second-hand house, now the transfer procedures have been successfully completed from the previous owner.

Building 1, No. 6 Xili, Shuangqiao Road, has five units, six floors high, and 12 owners per unit.

On the afternoon of May 30, according to multiple property workers, there are more than 300 households in No. 6, Xili, Shuangqiao Road. They were all built in 2005. However, the 60 suites in Building 1 were not all sold to the outside world at the beginning. After other buildings were moved in, it was only in 2008 that owners holding the real estate certificate of Building 1 came to the property to complete the procedures. They learned from the residents that Building No. 1 belongs to Fuwai Hospital, and now all the residents in Building No. 1 have basically obtained their real estate certificates.

Lawyer Zhang Yonghong believes that because the house buyers were unaware of the situation, the judicial authorities failed to detect any collusion between the house buyers and Xu Genle, so they were not involved. After all, only three of Xu Genle's own properties were seized. Regarding the seized properties and bank accounts, the court will confiscate them or confiscate them after changing the value. The portion exceeding the illegal amount will be confiscated as Xu Genle's personal property and turned over to the state treasury.

■ focus

Why was the property handed over to Xu?

According to lawyer Zhang Yonghong, when the court held its first hearing, he pointed out that there were obvious loopholes in the hospital entrusting such a large-scale project to Xu Genle alone. Moreover, Xu Genle’s sale of the house at a higher price was attributed to market behavior, so his behavior cannot be regarded as a simple crime of greed.

In this regard, the evidence provided by the prosecutor showed that in a report from Fuwai Hospital, the hospital stated that the hospital's main industry is to treat illnesses and save people. Initially, the hospital office decided to sell it at a cost price of 7,680 yuan/square meter and handed it over to the demolition office for detailed implementation. Xu Genle had previous experience in property management, so he was ultimately responsible for it alone.

Is the hospital aware of the increased price of the house transfer?

During the trial, the defense lawyer said that Xu Genle told him that the hospital never made it clear from the beginning that it could not sell at a higher price, nor did it say how the excess would be dealt with.

Xu Genle himself also pointed out that he had reported the sale at a higher price to his immediate superior, Li Mou, director of the hospital demolition office. Later, when he bought a house on Chongwenmenwai Street, Li Mou also agreed with him.

In response to this point, the case handling agency also specifically approached the leaders of Fuwai Hospital to collect evidence. The hospital leaders all said that they did not know about Xu's sale of the house at an increased price, and there was no evidence that the hospital knew about it.

In addition, the case handling department also specifically examined the direction of the funds for the price difference of more than tens of millions, and found that the three houses were all registered in the name of Xu Genle or his family members, and the bank cards were controlled by Xu Genle. All the money has nothing to do with anyone else.

■Scenery

Demolition households reveal huge case involving tens of millions of dollars

Before the end of 2007, Zhao Ying was a resident of Beiying Dongdong, Fuwai Street, Xicheng District. "We lived in a house with a total of 39.2 square meters, which was not big, for half our life," until it was included in the demolition of Fuwai Hospital.

Zhao Ying said that in order to encourage us to relocate as soon as possible, the demolition crews issued notices to their organizations stating that the residents who were relocated early would be able to obtain affordable housing in Huilongguan, and would receive a certain amount of compensation based on the area, while the residents who would move out later would be "only a few." As a result, after Zhao Ying moved out, she found that those who moved later received more benefits, so she began to collect relevant information from the end of 2009.

At first, Zhao Ying searched online for information about "Fuwai Hospital selling houses" and saw a post about Fuwai Hospital selling houses on a website. So, as a house buyer, she falsely claimed that she was introduced by an acquaintance and wanted to buy a house in Fuwai Hospital, and called the demolition office of the above-mentioned hospital. The staff then told her that the hospital had entrusted the matter to a real estate trading company.

Later, Zhao Ying found the company's registered address in Miyun, went to the site to take photos, and visited neighbors. It took three years to collect exposing information.

According to the information presented by the prosecutor in court, it was the revelation of the real names of the demolished households such as Zhao Ying that attracted the attention of the anti-corruption department. Originally, the whistleblower wanted to report that Fuwai Hospital was selling houses. Later, the case-handling agency inspected and found that the sale of the house was approved, but the specific personnel involved made profits from it. On April 10, 2012, Xu Genle, then a clerk in the demolition office of Fuwai Hospital, was detained on suspicion of greed.

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