| No. 3 of Six Representative Cases of Legally Punishing Duty-related Crimes in the Financial Sector Jointly Issued by the Supreme People's Court and the Supreme People's Procuratorate: People v. Huang [REDACTED] for Accepting Bribes | | 最高人民法院、最高人民检察院联合发布6件依法惩治金融领域职务犯罪典型案例之三：黄某受贿案 |
| — Punishing a crime of accepting bribes involving the "revolving door" between the government and the business in accordance with the law | | ——依法惩处政商“旋转门”受贿犯罪 |
| [Basic Facts] | | 【基本案情】 |
| From January 2016 to July 2018, by taking advantage of his positions as general managers of the asset management department and the institutional business department of [REDACTED] State-Owned Commercial Bank and the conveniences afforded by his authority and status, defendant Huang [REDACTED], directly or through the acts of other state functionaries in the performance of their duties, provided assistance for the company actually controlled by Huang [REDACTED]sen to be included in the list of specific clients of [REDACTED] State-Owned Commercial Bank and other matters. Huang [REDACTED] and Huang [REDACTED]sen agreed that Huang [REDACTED]sen would first give Huang [REDACTED] partial money in the name of "settling-in allowance" and after Huang [REDACTED] resigned and joined the company actually controlled by him, he would continue to give Huang [REDACTED] money in the name of "salaries." | | 2016年1月至2018年7月，被告人黄某利用担任某国有商业银行资产管理部、机构业务部总经理职务上的便利，以及职权、地位形成的便利条件，直接或者通过其他国家工作人员职务上的行为，为黄某森实际控制公司进入某国有商业银行特定客户名单等事项提供帮助。黄某与黄某森约定，由黄某森先以“安家费”名义给予黄某部分费用，待黄某离职进入黄某森实际控制公司后，再以“薪酬”名义继续给予钱款。 |
| In March 2018, after accepting 30 million yuan from the company actually controlled by Huang [REDACTED]sen under the name of "settling-in allowance," defendant Huang [REDACTED] resigned from [REDACTED] State-Owned Commercial Bank and entered into an employment contract with a subsidiary of the company controlled by Huang [REDACTED]sen on August 13, 2018. They agreed that the salary was 5 million yuan per year with a bonus of 5 million yuan per year. As of March 13, 2022, the company actually controlled by Huang [REDACTED]sen had given Huang [REDACTED] property in the total amount of more than 42.68 million yuan under the guises of "settling-in allowance," "bonus," and "salaries" and there were also salaries of more than 10.11 million yuan that had not been paid. | | 2018年3月，被告人黄某收受黄某森实际控制公司以“安家费”名义给予的3000万元后，从某国有商业银行辞职，并于2018年8月13日与该公司下属企业签订劳动合同，约定工资500万元/年，奖金500万元/年。截至2022年3月13日，黄某森实际控制公司以“安家费”“奖金”“工资”等名义给予黄某财物共计4268万余元，另有“薪酬”1011万余元未支付。 |
| ．．．．．． | | ．．．．．． |
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