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烟台测绘院院长汤天众侵吞国有资产近两亿元
作者:成都新瑞测绘  来源:武汉生活网  浏览:1589次  更新:2009/11/13 8:49:24

作者:沈静

最近,记者采访了北京知名法律专家,对网上传播甚广,影响甚大的汤天众侵吞近两亿国有资产一案做出了详尽专业的法律分析。在前面的文章里,作者对律师分析的汤天众如何利用其烟台测绘院院长(市规划局下属)身份对土地的转让进行了转述。今天我们就来解读一下,在房产转让中“汤大魔术师”如何使用眼花缭乱的违法手段,将近两亿的国有资产转变到自己名下的。

 

  地搂产转让的违法手段

  北京知名律师指出,从身份上看,汤天众是烟台勘察测绘院和烟台虹光房地产有限公司的董事长,而名义上应对此事负责的王志勇所掌管的烟台开发区新城市建设开发公司和烟台市工程勘察置业有限公司两家公司实际上均属于烟台测绘院汤天众领导下的公司(由政府部门红头文件为证)。1994年大庆风华房地产建设综合开发公司与烟台开发区新城市建设开发公司(公司性质为国有,下称“新城市公司”)合作开发了蔬菜公司西山库综合楼(下称“综合楼”)。综合楼分两期开发,一期已开发完毕,建有综合楼房一座,大庆风华房地产建设综合开发公司为综合楼实际投入约840万元人民币,新城市公司以项目立项、办证作为出资。项目二期目前未开发。

  双方就综合楼建筑面积作了分割:烟台新城市公司分得约4000平方米,大庆风华房地产建设综合开发公司分得约3800平方米。双方并约定:待综合楼主楼完工,再分给烟台新城市公司3000平方米,余全部分给大庆风华房地产建设综合开发公司。

  然而汤天众、王志勇二人利用职务之便就大庆风华房地产建设综合开发公司应分得的综合楼建筑面积动起了脑筋。

  一位知情人士告诉记者,汤天众、王志勇等人通过以欺骗的手段取得烟台市规划局文件,通知房地局将上述之产权办到烟台是勘察测绘院(汤天众为法人,性质为国有)名下,然后又以烟台市勘察测绘院名义致函房地局,成与烟台虹光房地产开发有限公司达成协议,通知房地局将上述房产的产权证办到烟台虹光房地产开发有限公司名下。

  2003年在烟台国资委对新城市公司进行评估时,王志勇对新城市公司在综合楼项目二期土地使用权这一国有资产予以隐瞒,致使国资委对新城市公司的实际价值严重低估,最终导致新城市公司被以零价格转让给烟台市工程勘察置业有限公司。而烟台虹光房地产开发有限公司是汤天众、王志勇等个人投资成立的,烟台市工程勘察置业有限公司则是王志勇等个人出资成立的。

  经过这一连串,眼花缭乱的“魔术手”操作,原本属于大庆风华房地产建设综合开发公司近四亿的国有资产就这样转移到了烟台虹光房地产开发有限公司和烟台市工程勘察置业有限公司名下,公然进入了汤天众的私人腰包。

  汤天众违法侵占不仅仅单纯一案

  作者经过调查当事人了解到,其实整个侵吞过程,均是汤天众一人所为,王志勇自己也是被汤欺骗的受害者之一。老谋深算的汤天众将下属王志勇顶在前面,自己则在背后利用不法手段大做文章,当王志勇称得知汤天众的违法行为和卑劣的品行时,现毅然和汤解除合作关系,据知情人透露,汤天众这个人胆大妄为,不认亲情友情唯利是图,几乎和汤合作过的人没有一个不被汤天众欺骗过的,甚至汤自己也经常在人前炫耀:“我就喜欢打官司,一天不打官司,心里就不舒服。”

 

另外,记者调查了解到,汤天众名下的另外一处房产是烟台虹口大厦,当时是和黑龙江省牡丹江市一劳动模范一起合作开发的项目,后来“模范老总”不幸罹患癌症,汤天众趁机黑掉了几千万资产,引起了牡丹江方面的极大愤慨,一度在网上惩办骗子的呼声甚是浩大。而同样,烟台虹口大酒店事件依然存在侵吞国有资产的漏洞。

  “ 2009年3月,随着山东国信会计事务所的审计报告出台,烟台市芝罘区检察院从报告中发现了问题,决定对此案进行调查。但不久之后,此案的办案人员接手其他案件。

  ‘我听到的消息是,被传讯调查的人里有人开始交代问题,但这时候有人出面干扰办案,结果之后被调查的人就陆续放了出来。’张旭东很难理解,这么大的国有资产流失案竟然无人去管。

  记者了解到,目前烟台市纪委根据举报介入该案。

  我就是主管部门委派的一个总经理,虹口大酒店也不是我自己的,国有资产是否流失对我自己影响不大。但我就是不甘心,这么一个大集团竟然被少数几个人给败坏了。张旭东激愤地说。

  现在的他,已经不是当初一心经营而不懂看账的‘甩手掌柜’,也学会了一点点分析手中掌握的账目。”

  以上是记者在网上搜索“烟台虹口大酒店”得到的信息。

  多行不义必自毙,如果是单纯的一处纠纷,可以理解成为是误解,但是汤天众涉嫌的侵吞国有资产案件如此繁多,在烟台市内甚至全国都是相当罕见的,希望国家有关部门能够深入调查,给大家一个合理的解释。

 

 

 

 

 

 

 

Recently, the reporter interviewed well-known legal experts in Beijing on the Internet disseminating a wide soup a major factor affecting nearly 200 million days of public embezzlement of state assets has made a detailed case of a professional legal analysis. In the previous article, the authors analyze the soup days for lawyers on how to use their public Yantai Academy of Surveying and Mapping (Urban Planning Bureau subordinate) status of the transfer of land was relayed. Today, we have to interpret what, in the real estate transfer of the "Soup Great Magician" how to use the vast array of illegal means, nearly 200 million transformation of state-owned assets to their name.


To hug the illegal transfer of means of production

Beijing well-known lawyer pointed out that from the identity point of view, soup days the public were surveying Surveying and Mapping Institute and Yantai Yantai Avision Real Estate Co., Ltd. Chairman, while the nominally was responsible for Zhi-Yong Wang are in charge of construction of new cities, Yantai Development Zone Development Company and the engineering investigation Properties Limited Yantai two companies are in fact belong to the Surveying and Mapping Institute, Yantai Tang days under the leadership of public companies (as evidenced by government departments, official documents). Daqing in 1994, Fenghua comprehensive development real estate construction company and the Yantai Development Zone, New City Construction & Development Corporation (the nature of state-owned, hereinafter referred to as the "New Town Company") to develop a vegetable company's Western Hills Library Complex Building (the "Complex Building") . Development of comprehensive building in two phases, one phase of the development is completed, a building built an integrated, Daqing Fenghua comprehensive development real estate construction company is the actual input multi-purpose buildings about 840 million yuan, the project company's new city project, the application as the investor. Item 2 is currently undeveloped.

The two sides made a comprehensive building floor area divided: Yantai New Town's share of about 4,000 square meters, construction of Daqing Real Estate Development Co., Ltd. Fenghua share of approximately 3800 square meters. Both sides also agreed: to be completed in a comprehensive Louzhu floor, and then distributed to the company's new city Yantai 3,000 square meters, more than the whole part of the Daqing elegance to build a comprehensive real estate development company.

Soup days, however, the masses, Wang Zhiyong two advantage of his position on the comprehensive development of Daqing Fenghua real estate construction company should share the integrated floor building area of the brain from moving.

One source told reporters, soup days, the masses, Zhiyong and others obtained through deceptive means Yantai Municipal Planning Board documents, notification of premises will be done the above property is surveying Surveying and Mapping Institute, Yantai (Tang-day public is a legal person, the nature of state-owned) name, and then, Yantai City, sent a letter on behalf of the premises of Investigation Bureau of Surveying and Mapping Institute, Cheng Real Estate Development Co., Ltd. and Yantai Avision an agreement to notify the above-mentioned premises, the property ownership certificate will be done Yantai Avision Real Estate Development Co., Ltd. under the name.

In 2003 the new city of Yantai SASAC company assessment, Wang Zhiyong of the new city complex building projects in two land use rights had been concealed by the state-owned assets, leading to the SASAC of the new city seriously underestimated the real value of the company, eventually leading to New City Corporation has been transferred to a zero price Yantai engineering investigation Properties Limited. YANTAI Avision the Real Estate Development Co., Ltd. is a soup-day minority, Zhiyong and other personal investments established by the Land Company Limited Yantai engineering survey is funded Zhiyong and other individuals established.

After this series, dazzling "magic hands" operation, originally belonging to the Daqing Real Estate Construction Development Co., Ltd. Fenghua nearly 400 million of state-owned assets so transferred to the Avision Real Estate Development Co., Ltd. and Yantai Yantai City Engineering Investigation Properties Limited name Under openly into the soup-day congregation of the private pockets.

Tang days public not only is a case of illegal occupation of

After investigation by the parties understand that, in fact, the misappropriation of the process are soup days for the public a person, Zhiyong Tang deceived herself as well as being one of the victims. Wily subordinates Zhiyong Tang Zhong Jiang days top in front of them in the back to use illegal means to make a big fuss, when Wang Zhiyong Tang days, said that public offenses, and despicable conduct, the now determinedly and soup dissolve a partnership, according to informed disclosed, soup-day public this person engage in reckless and do not recognize family ties friendship in making profits, and Tom has worked with almost no one to deceive the masses will not be soup days off, and even Tom himself often to show off in front of others: "I liked the lawsuit, and day without a lawsuit, and my heart is not comfortable. "



In addition, the investigation by the reporter learned that the name of Tang-day public property is another one Yantai Hongkou building, was Mudanjiang City, Heilongjiang Province, and a labor model developed in collaboration with the project, and later "model bosses" Unfortunately, cancer, soup days public the opportunity to black out tens of millions of assets, has aroused great indignation among the Mudanjiang area, once the voice of online fraud punishment is very vast. Equally, Yantai Hongkou Hotel, the event still exists embezzling state assets loopholes.

"In March 2009, with the Shandong Guoxin accounting firm issued audit reports, Yantai city's Procuratorate from the report that found the problem, decided to investigate the case. However, shortly after investigators took over the case in other cases.

'I heard the news, who has been summoned people surveyed where some people begin to account for the problem, but when people come forward to interfere with a case, the results of the investigation of the person who was later put out one after another. 'Zhang Xudong difficult to understand such a huge loss of state assets but none of the case to manage.

This reporter has learned, Yantai City Commission for Discipline Inspection is currently involved in the case according to reports.

I was appointed a general manager in charge of departments, Hongkou Hotel is not my own, state-owned assets are lost little impact on my own. But I just can not be reconciled, such a large group of people to actually be a few ruined. Zhang Xudong, said with indignation.

Now, he has not the heart to operate and do not understand look at the original accounts of the 'walk away dispensers', but also learned a little bit of analysis in the hands of the accounts. "

These are the journalists in online search "Yantai Hongkou Hotel," the information received.

Is unjust is doomed to destruction, if it is simply a dispute can be interpreted as a misunderstanding, but the soup-day congregation of suspected cases of embezzling state assets in such a variety, in Yantai city, even the entire country are quite rare, and we hope the relevant state departments be able to in-depth investigation and give us a reasonable explanation.
 
 
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