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Back沈慶京二審開庭再批郝龍斌 直指林欽榮是爭議開端
沈慶京二審開庭再批郝龍斌 直指林欽榮是爭議開端
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自由时报23 minutes agoLaw4 min readChinaView translation

沈慶京二審開庭再批郝龍斌 直指林欽榮是爭議開端

前台北市長柯文哲涉京華城案,高院9日開庭傳喚沈慶京、應曉薇及吳順民,沈慶京庭上否認犯罪並將矛頭指向郝龍斌與林欽榮。

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前台北市長柯文哲涉京華城案,高等法院9日開庭首度傳喚威京集團主席沈慶京、台北市議員應曉薇及助理吳順民。沈慶京在庭上否認犯罪,痛批前市長郝龍斌不遵守1991年都市計畫,並指前副市長林欽榮為全案開端。

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Why It Matters

前台北市長柯文哲涉京華城及政治獻金案,一審被判17年,全案目前於二審高等法院審理中。

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前台北市長柯文哲涉京華城、政治獻金案,一審被判17年,案經上訴,二審高等法院審理中;高院今(9日)下午開庭,首度傳喚威京集團主席沈慶京與國民黨台北市議員應曉薇、應的議會助理吳順民,沈慶京今天在庭上仍否認犯罪,並提及1991年起京華城相關歷史,談到京華城爭取回復基準容積率至560%卻遭拒,他批評前台北市長郝龍斌「悍然不遵守」,更直指柯市府的副市長林欽榮是全案的開端所在。

沈慶京為爭取京華城容積利益,涉嫌行賄影響北市府決策;一審認定,他明知京華城不符都市更新條件,仍行賄柯文哲、應曉薇,並共同圖利京華城取得欠缺法令依據的20%容積獎勵,依共同圖利罪判刑10年、褫奪公權5年,併科罰金2000萬元。

應曉薇部分,一審認定她利用議員職權召開協調會、向市府施壓,協助京華城爭取容積利益,並透過華夏協會等管道收受沈慶京交付的5250萬元,另以提領現金、繳納卡費等方式製造金流斷點,依違背職務收賄、洗錢等罪,合併判刑15年6月,褫奪公權6年。

至於吳順民,一審認為,他雖身兼應曉薇及威京集團顧問,多次參與京華城容積率相關會議,行為不當,但所領款項屬顧問薪資,且無證據證明他知悉應曉薇收賄或共同涉案,因此判決無罪,檢方不服上訴。

案經上訴,高院今天開準備程序庭,沈慶京庭上表示,自己是40年來京華城都市計畫變遷的見證者,也是受害者,1991年台北市政府及內政部核定都市計畫時,在沒有捐地法令的情況下,要求京華城捐出約2400坪土地,現值超過240億元,並保障捐地後的樓地板面積12萬284平方公尺,相當於容積率678.91%。此外,京華城還代替周邊地主捐地600平方公尺,並捐款2.2億元協助興建偶戲博物館。

沈慶京指出,京華城捐地之付出代價皆是為履行80年都市計畫,都市計畫具有「法規 」效力,但前市長郝龍斌卻悍然不遵守,2018年時任台北市副市長林欽榮主持都市計畫委員會,雖然釐正京華城法定基準容積率為560%,卻在未經委員討論下,刪除原先都市計畫保障的樓地板面積,此案的開端也是在此,導致京華城權益受損,只能透過行政訴訟及陳情爭取權利。

沈慶京強調,無論向市府或應曉薇陳情,主體都是京華城公司,而非他個人,至於京華城後來依《都市計畫法》第24條申請容積獎勵,他表示自己並不清楚,始終主張應依1991年都市計畫辦理,他質疑一審未提出充分理由,就認定他對京華城具有實質掌控及最終決定權,但他並非京華城公司最大股東,令他難以接受。

Open Questions

  • 二審法院將如何採信沈慶京對於容積率歷史的陳述?
  • 檢方是否會針對一審無罪判決提出有力新證據?

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