Lawyer

Chapter 171 The "Falling Down" Plan

"Wu Sanshui's salary is [-] yuan per month. According to what you said, there will be more than half of the illegally agreed compensation during the probationary period that the arbitration committee will not support." Liu Yuan said in surprise.

"Yes, but your company has a lot of compensation for illegal termination of labor relations. Take Wu Sanshui as an example. His monthly salary is 5000 yuan multiplied by five, and then multiplied by two, which is [-] yuan. Ah! Quite a few.

The compensation for the illegally agreed probation period and the compensation for the illegal termination of the labor contract are added together. According to a rough calculation, Wu Sanshui can get more than 6 yuan. "Fang Yi said.

Liu Yuan picked up the rest of the labor contract. Basically, the probationary period agreed in the labor contract is almost the same, and the salary of two other employees is the same as that of Wu Sanshui, and the salary of the remaining two is higher than [-]. Yuan, one is [-] yuan, and the other is [-] yuan.

"It's more than 6 yuan for one person... Calculated in this way, how can five people get 40 to [-] yuan!" Liu Yuan sighed.He tried his best to control the excitement in his heart.

"Yes! This is not a small fee!" Fang Yi also sighed.He felt that the labor contract signed by the leasing company was too weird, and it was like digging a hole for himself.

"Lawyer Fang, I'm not the vice president of the leasing company yet. I'm a soft-spoken person. If you have a chance to meet Mr. Gao or Mr. Yu, you have to talk about it. If this continues, our company will suffer a lot and must be rectified." Liu Yuan Said with a look of hatred for iron and steel.

"Well, I will give advice to Mr. Yu and Mr. Gao when I have the opportunity." After Fang Yi finished speaking, he suddenly felt something was wrong. Why did Liu Yuan say "rectification" instead of "rectification"?

On the way back, Fang Yi kept thinking about this matter: When did this kid Liu Yuan pay so much attention to the company's affairs? It's a bit abnormal!Judging from past contacts, he is not a person who loves the company like home.Does this kid want to use me as a weapon?Who cares, anyway, the case of the leasing company probably won't fall into my hands, so they can fight if they like to fight. If Manager Liu takes over, maybe he can really get some cases to do.

Fang Yi was very clear, even if the company was owned by Yu Mantang and Gao Jinlan, so what, they would not entrust the lawyer with the case of the subsidiary company.When the water is clear, there will be no fish. They properly delegate power to the CEO and vice president of the company below to give them a little sweetness and let them make money for themselves. Kouzi will not interfere.

After Liu Yuan returned from the hotel, no matter how he thought about it, he felt that this was an excellent opportunity, so he began to formulate a plan to "add insult to injury", intending to unite all the forces that could be united in the company. Find out the violation of the labor contract, and give Vice President Li a shot at the critical moment.Let him step down completely.

On Wednesday, the Municipal Intermediate People's Court called Fang Yi, and Yuan Wei's fraud case was judged, so he was asked to pick it up.After hanging up the phone, Fang Yi told Yuan Changzheng about the verdict, and the two agreed to go to the Intermediate Court to fetch the verdict the next morning.

Fang Yi originally wanted to ask Director Sun to ask for leave and tell him about going to the city to get the judgment, but he didn't know what happened to Director Sun.

Since he couldn't see anyone, Fang Yi could only send him a WeChat message, telling him about going to the city the next day. Director Sun replied that he knew, and be careful.

At 10:30 the next morning, Fang Yi and Yuan Changzheng walked out of the gate of the intermediate court with joyful faces. Yuan Changzheng shook Fang Yi's hand to express his gratitude. The court of second instance in his son Yuan Wei's case upheld the original verdict.

The court of second instance held that the defendant Yuan Wei and the victim reached a compensation agreement, but did not implement it immediately, so it did not comply with the provisions of the "procedures of public prosecution cases where the parties reconcile", and the first-instance judgment should apply the "Supreme People's Court's Applicable " Article [-] of the Interpretation of the Criminal Procedure Law is an error in the application of law.

However, the court of second instance partially adopted Fang Yi's defense opinion. According to the "Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Law in Handling Criminal Fraud Cases", if the value of defrauding public or private property is between 3 yuan and 10 yuan, It should be determined as "a huge amount" as stipulated in Article 260 of the Criminal Law.Proceeding from the benefit of the defendant, the court of second instance believed that the amount of fraud in this case should be determined as a relatively large amount, and should be sentenced to fixed-term imprisonment of less than three years, criminal detention or public surveillance, and a fine or a fine.

Therefore, after discussion and decision by the Judicial Committee, in accordance with the provisions of Article 220, Paragraph [-], Item [-] of the "Criminal Procedure Law of the People's Republic of China", it was ruled that the protest should be dismissed and the original judgment should be upheld.

Yuan Changzheng had seen the content of the verdict, and at this time he was always terrified. If he followed the thinking of the previous lawyer Zhao and used the two sides to sign a compensation agreement as the main reason, now the court of second instance may have to change Yuan Wei's sentence to more than three years in prison.Thanks to Lawyer Zhao being arrested, he had the opportunity to hire Lawyer Fang to defend Yuan Wei.What a miss, a thousand miles away!
Yuan Changzheng still underestimated the professional ability of the judges of the intermediate court. Even if he did not ask Fang Yi to defend his son, the case may not go as expected by the procuratorate. It will increase the risk of the case, which Yuan Changzheng cannot accept.

From a father's point of view, even if he knows that there will be little effect, he will do it and work hard. This has nothing to do with morality, but out of a father's inner self-blame.

Fang Yi is also reviewing the case in his mind. It seems that his previous deduction is correct. In practice, most courts believe that the criminal settlement agreement must be performed immediately. Article [-] of the Interpretation of the Criminal Procedure Law of the People's Republic of China means that the court cannot mitigate the defendant's punishment.

"Lawyer Fang, I've already booked a private room at the hotel. This time I really have to thank you very much." Yuan Changzheng's thanks this time are sincere, without any falsehood.

Yuan Wei had been detained for several months before, and now the second-instance judgment upholds the original sentence, and the sentence is still one and a half years. According to the provisions of Article 40 of the "Criminal Law", it is counted from the date of execution of the judgment; , one day in custody is equal to one day in prison.

Yuan Wei will be able to come out after squatting inside for another year or so at most, and Yuan Changzheng has paved the way for his son. After he comes out, he will go abroad with him and teach him how to do business.

(End of this chapter)