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No. 2 of Eight Model Cases of Lawfully Punishing the Crime of Offering Bribes Jointly Published by the Supreme People's Court and the Supreme People's Procuratorate: People v. Tan [REDACTED]yun and Wu [REDACTED]lian (case of offering bribes) — Severely punishing the crime of offering bribes involving a large amount of money in accordance with the law
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最高人民法院、最高人民检察院联合发布八起依法惩治行贿犯罪典型案例之二：谭某云、吴某莲行贿案——依法严惩巨额行贿犯罪
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【法宝引证码】
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- Legal document：
Ruling
- Procedural status：
Trial at Second Instance
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| No. 2 of Eight Model Cases of Lawfully Punishing the Crime of Offering Bribes Jointly Published by the Supreme People's Court and the Supreme People's Procuratorate: People v. Tan [REDACTED]yun and Wu [REDACTED]lian (case of offering bribes) — Severely punishing the crime of offering bribes involving a large amount of money in accordance with the law | | 最高人民法院、最高人民检察院联合发布八起依法惩治行贿犯罪典型案例之二：谭某云、吴某莲行贿案——依法严惩巨额行贿犯罪 |
| [Basic Facts] | | 【基本案情】 |
| When [REDACTED] Cultural Company, under the control of defendants Tan [REDACTED]yun and Wu [REDACTED]lian, sold its equities from 2014 to 2018, Tan [REDACTED]yun and Wu [REDACTED]lian requested assistance from Liao [REDACTED], chairman of a state-owned company, and Cheng [REDACTED], Chairman of the state-owned company's subsidiary, [REDACTED]xi Company (both Liao [REDACTED] and Cheng [REDACTED] subject to disposition in another case), in matters such as investment in equity participation and increase in the purchase price, in order to seek improper benefits. Liao [REDACTED] and Cheng [REDACTED] accepted the request and leveraged their respective powers to facilitate the acquisition of all the shareholders' equity in [REDACTED] Cultural Company by [REDACTED]xi Company at a high price of 230 million yuan. To express gratitude to Liao [REDACTED] and Cheng [REDACTED] for their assistance, Tan [REDACTED]yun and Wu [REDACTED]lian jointly gave Liao [REDACTED] 20.02 million yuan and Cheng [REDACTED] 20,000 yuan. The sum of 20 million yuan given to Liao [REDACTED] was held in the custody of Wu [REDACTED]lian. Tan [REDACTED]yun separately gave Cheng [REDACTED]yun another 20,000 yuan. In the first half of 2018, Tan [REDACTED]yun, Wu [REDACTED]lian, and others jointly established an investment company. Liao [REDACTED] subscribed to the capital with 20 million yuan held by Wu [REDACTED]lian and designated a relative to hold the shares on his behalf. According to an appraisal, Tan [REDACTED]yun and Wu [REDACTED]lian made illegal profits of more than 107 million yuan from the sale of equities in [REDACTED] Cultural Company. | | 2014年至2018年，被告人谭某云、吴某莲夫妇在其实际控制的某文化公司股权出售过程中，为谋取不正当利益，先后就投资参股、提高收购价格等事项，请托某国有公司董事长廖某及下属公司某溪公司董事长程某某（均另案处理）帮忙。廖某、程某某接受请托，利用各自职权最终促成某溪公司以2.3亿元的高价收购某文化公司股东全部权益。为感谢廖某和程某某的帮助，谭某云、吴某莲共同给予廖某2002万元、程某某2万元，其中给予廖某的2000万元由吴某莲代为保管。谭某云另外单独给予程某某2万元。2018年上半年，谭某云、吴某莲与他人共同成立一家投资公司，廖某以吴某莲代为保管的2000万元认缴出资，并由廖某指定的亲戚代持股份。经鉴定，谭某云、吴某莲在某文化公司股权出售过程中非法获利1.07亿余元。 |
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