Li Qiangli, one of the "key persons" of the Okai cable flowing into Xi'an Metro, was sentenced to two years in the first instance for bribery and abuse of power. On December 11, the Chinese Judicial Documents Network published the judgment of the first instance in the Li Qiangli case.

         According to the judgment, Li Qiangli has repeatedly provided the general manager of Shaanxi Aokai Cable Co., Ltd. Wang Zhiwei with the confidential subway construction information by taking advantage of his position as an electrical engineer and Minister of mechanical and electrical department in the contract and final accounts office of Xi'an Metro Company.

         After Wang Zhiwei's public relations, the construction units of eight sections of the installation and decoration project of Xi'an Metro Line 3 purchased more than 40 million yuan of unqualified Okai cables. According to Wang Zhiwei, the information provided by Li Qiangli has helped him become a cable supplier of Xi'an Metro Line 3. Li Qiangli received 32,000 yuan of property, including 12,000 yuan of shopping cards and 20,000 yuan of cash.

         According to the judgment, Li Qiangli was exempted from criminal punishment for accepting bribes of 32,000 yuan, and was sentenced to two years'imprisonment at first instance for abusing his power.

         According to the judgment, from 2010 to 2017, Li Qiangli served as electrical engineer and Minister of mechanical and Electrical Department of contract budget and final accounts office of Xi'an Metro Company. On April 20, 2017, he was arrested on May 4 of the same year on suspicion of bribery and abuse of power.

         The Xi'an Lintong District Procuratorate charged Li Qiangli with bribery and abuse of power.

         It was found by the court that during his tenure as the electrical engineer and Minister of mechanical and Electrical Department of the contract budget and final accounts office of Xi'an Metro Company, Li Qiangli used his position to obtain information about the construction project of Xi'an Metro and provided it to Wang Zhiwei many times. He received 11 times from Wang Zhiwei and his appointed personnel Zhao Mougang, Wang Mouji's Shaanxi Military Service Agency and Metro Shopping Card, totaling 12,000 yuan.

         Around December 2010, while serving as an electrical engineer in the Contract Budget and Accounts Office of Xi'an Metro Company, Li Qiangli took advantage of his position of measuring and paying for the power supply project of Xi'an Metro Line 2 and accepted Wang Zhiwei's RMB 10,000 yuan. He passed through Wang Hongbin Association, a metrologist of China Railway 18 Bureau Group Co., Ltd., the construction unit of the underground passage of the new administrative center of Xi'an Metro Line 2. Adjustment, so that Wang Zhiwei agent of the Yangtze High-Tech Cable Project Manager Department procurement.

         Around December 2011, Li Qiangli took advantage of his professional convenience to settle the power supply system project of Xi'an Metro Line 2. He received 10,000 yuan from Wang Zhiwei and acted as an agent for Wang Zhiwei. The Project Management Department of the power supply system project of Xi'an Metro Line 2 of China Railway Electrification Bureau Group Co., Ltd. of Changjiang High-Tech Cable Purchaser accelerated the progress of settlement and adjustment, which made the Yangtze River High-Tech Power Cable Co., Ltd. successfully obtained the material adjustment fee from the project management department of Xi'an Metro Line 2 power supply system of China Railway Electrification Bureau Group Co., Ltd.

         As for the facts of bribery, Li Qiangli pleaded guilty and obeyed the law in court.

         According to the judgment, Li Qiangli stated that he was working in the contract budget office of Xi'an Metro Company at that time and had some contact information of the winning bidder. Wang Zhiwei wanted to use his position to understand the construction information of the subway, facilitate the sale of bidding cables and save financial and material resources. In fact, he used this kind of small favor to attract feelings in exchange for greater economic benefits.

         Li Qiangli confessed that in violation of the company's regulations, he provided Wang Zhiwei with the name, contact person and contact information of the winning bidder for installation and decoration of Metro Line 3, which facilitated Wang Zhiwei's cable sales. According to the relevant provisions of the Metro Company and the provisions of the contract, this information can not be provided to third parties.

         On March 13, 2017, Li Qiangli learned from the Internet that the unqualified cables were used in Metro Line 3. Later, it was learned that the five batches of cables sampled by the state were unqualified, which had a bad impact on society. Li Qiangli believes that Shaanxi Aokai Cable Company, construction units using Aokai Cable in each bid section, supervision units, relevant personnel of the engineering section of Xi'an Metro Company, staff of the Safety and Quality Supervision Office of Xi'an Metro Company, branch leadership of Line 3 of the Metro, and relevant personnel who have provided convenience to Shaanxi Aokai Cable Company, including himself, are all responsible.

         On March 28, 2017, the Xi'an Discipline Commission announced that 12 people, including Li Qiangli, were suspected of violating discipline on the Okai cable issue and were subject to organizational review.

         Abuse of power resulted in 40 million yuan of unqualified cables being purchased

         The prosecution accused that since 2014, Li Qiangli has used his duties as an electrical engineer of the Contract Budget and Accounts Office and Minister of Mechanical and Electrical Affairs to negotiate, prepare and measure payment contracts for Metro installation and decoration projects. He has repeatedly violated the provisions of the Interim Measures for the Contract Management of Xi'an Metro and provided relevant information to Wang Zhiwei without authorization.

         In the first half of 2012, Li Qiangli provided Wang Zhiwei with the information of the winning bidder for the installation and decoration project of Xi'an Metro Line 1, the name of the bidding unit for the power supply project of Xi'an Metro Line 3 in the first half of 2014, and the winning bidder for the mechanical and electrical installation and decoration project of Xi'an Metro Line 3 in the second half of 2014.

         After Wang Zhiwei got the information of the winning bidder, bidding section, contact person and contact telephone of the installation and decoration project of Xi'an Metro Line 3, he contacted the project departments and made Shaanxi Aokai Cable Co., Ltd. be identified as one of the cable suppliers at the critical material review meeting of B supply of Xi'an Metro Line 3 held in April 2015.

         Afterwards, 8 of the 9 bidding sections of the installation and decoration project of Xi'an Metro Line 3 are construction units.All or part of the unqualified cables produced by Shaanxi Aokai Cable Company with a total value of more than 40 million yuan were purchased, which caused huge losses of public property and extremely bad social impact throughout the country.

         In this regard, Li Qiang-li's defenders believe that Li Qiang-li has no subjective evidence of abuse of power, and no evidence to prove that the perpetrator "knows" and "the perpetrator". He himself did not recognize the possible harmful consequences. It only violates the internal regulations of the metro company to provide the winning units, contacts and contact methods to others, but only saves the cost and provides convenience to the other side. It does not necessarily lead to the winning units to use the Okay cable. It is obviously only a universal relationship in the philosophical sense, and has no legal causal relationship with abuse of power.

         During the trial, the court verified the contents of the prosecution's charges according to the testimony of the defendant, the testimony of the witness, the relevant contract and other documentary evidence. Among them, Wang Zhiwei's testimony shows that the information provided by Li Qiangli is confidential to the outside world and can not be known normally. The information provided by Li Qiangli has played a role in promoting him to become a cable supplier of Xi'an Metro Line 3.

         After the trial, the court held that the defendant, Li Qiangli, could faithfully confess the facts of the bribery crime, actively withdraw the stolen goods, and the criminal circumstances were minor, so he could be exempted from criminal punishment according to law. It uses its administrative responsibilities to disclose to others the relevant information about the Metro installation and decoration projects that should be strictly confidential, which results in the use of unqualified cables produced by Shaanxi Aokai Cable Company in the construction of Metro projects, resulting in heavy losses of public property, and its behavioral characteristics conform to the constituent elements of the crime of abuse of power. Therefore, the defense opinions can not be established and are not accepted in accordance with the law.

         On October 29, Xi'an Lintong District Court sentenced the defendant, Li Qiangli, to be exempted from criminal punishment for accepting bribes; to be sentenced to two years'imprisonment for abusing his power; and to be jointly sentenced to two years' imprisonment.