Lawyer

Chapter 297

"It's not that I don't have the heart of fairness and justice. I'm just a small lawyer. I don't have the determination to sacrifice my happy family. I just want to handle cases to make money, drink wine and sing songs, and live a good life. As long as my conscience Just get by. If, I mean if, if possible, I will work towards justice.

So at the beginning of my career as a lawyer, I set a red line for myself, and I couldn't handle political cases with any money, because I couldn't afford it.I don't care how much money is paid for cases involving gangsters, because I can't handle it. "

After finishing speaking, Fang Yi threw the cigarette butt into the ashtray, and said, "Old Wang, you handle few criminal cases. I just want to remind you. The reality is cruel. Criminal cases are not like civil cases. careful!"

Wang Deyou was completely silent!

The second trial of Zou Qiang's contract fraud case has begun.

Fang Yi sat on the defense bench and listened to the judge read the first-instance verdict.The public prosecutors opposite were two female prosecutors, with stern faces and frosty faces.

Zou Qiang, who was sitting on the appellant's bench, had a short shaved head and wore a vest of the detention center. Although he had been detained for more than three months, he was in good spirits and was still fighting high. Apart from looking thinner, everything was as usual.

Fang Yi met him before, and felt that he had a clear mind, quick thinking, and effortless communication.

"Next, the appellant Zou Qiang will read out the petition or state the reasons for the appeal." The presiding judge said blankly.

"I don't think my behavior is enough for the crime of contract fraud. I have no intention of defrauding. The house is there. It really exists. It's just one house and two sales. I can refund the buyer's purchase price. , this is a civil dispute..." Zou Qiang said.

"Please ask the defense lawyer to publish the reasons for the appeal." The presiding judge continued.

"The defender believes that the court of first instance found Zou Qiang guilty of contract fraud. The facts are not clear and the evidence is insufficient. The appellant Zou Qiang has no purpose of illegal possession. The company's house purchase funds are all used for daily operations and have not been illegally occupied or squandered by Zou Qiang. Ask the court to change the sentence according to the law." Fang Yi said.

"Appellant Zou Qiang, do you have any objection to the facts and charges identified in the first-instance verdict?" said the presiding judge.

"There is an objection. The first-instance judgment did not list the whereabouts of the purchase money, but only determined that the employee's second sale of the house at my instruction constituted contract fraud. I think this is unclear. In addition, I don't think I constituted a crime of contract fraud. .I did not possess and use the house purchase money. The house purchase money has always been in the company's account." Zou Qiang said.

"The prosecutor questioned the appellant about the facts identified in the first-instance judgment," said the presiding judge.

"Zou Qiang, when you instigated the employees of the company to sell the property, did you already know that the property you were selling had signed a property sales contract and had already been sold to a third party?" the inspector asked coldly.

"I know." Zou Qiang said: "At that time, the company encountered difficulties in operation, and there was a shortage of funds. I asked them to sell one house and two houses."

"After the first house and the second house are sold, is the company capable of handing over the houses? Do you have any other houses for buyers?" the inspector asked.

"No. I was thinking..." Zou Qiang just wanted to defend himself but was immediately interrupted by the prosecutor: "Zou Qiang, you can answer whatever we ask you, and don't explain clearly if you don't ask?"

"After selling the real estate, why did you transfer all the equity of the real estate to a third party?" The inspector didn't give Zou Qiang any time to react, and then asked.

"This is a business issue. I don't want to invest any more money in the future, so I transferred all the equity of the project company to my friend." Zou Qiang said.

"Judge, we're done asking!" the prosecutor said.

"Next, the defender of the appellant Zou Qiang will ask questions." said the presiding judge.

"Zou Qiang, where did the proceeds from the sale of the first house and the second house go?" Fang Yi asked.

"All the house purchase money was used to pay the company's legal fees, rent, employee wages, and debt repayment. The company has accounts to check. The company also provided relevant financial information during the first trial." Zou Qiang said.

"What is the purpose of instructing your employees to sell one house and two houses?" Fang Yi asked.

"At that time, there was a problem with the company's operation, and it was in urgent need of funds. I made such a bad move in order to meet the emergency." Zou Qiang said.

"Have you ever thought about how to solve the problem of handing over one house and two houses?" Fang Yi then asked.

"I thought about it, the house is sold, so I can only refund the purchase price." Zou Qiang said.

"Are you able to refund the purchase price?" Fang Yi continued to ask.

"It didn't exist at the time, but now it does. The company has found a funder to take over the offer." Zou Qiang said.

"Presiding judge, the defender's questioning is over," Fang Yi said.

……

"The court investigation is over, and the court debate is now underway. Before the debate, the court draws the attention of both the prosecution and the defense. The debate should focus on determining charges, sentencing and other controversial issues. The appellant is asked to defend himself first," said the presiding judge. .

Zou Qiang's self-defense opinion is similar to the previous one, anyway, it is a central idea: I have no use for the house purchase money, I have used it for the company, and I do not recognize the crime of contract fraud.

"The defender of the appellant Zou Qiang made a statement," said the presiding judge.

"The defender believes that the focus of the dispute in this case is whether the defendant Zou Qiang's behavior of selling one house and two houses constitutes the crime of contract fraud.

The defender believes that the key to the characterization of the behavior of selling one house and two houses is whether the perpetrator subjectively has the purpose of illegal possession.Whether the perpetrator has the purpose of illegal possession needs to be determined based on the specific reasons for the perpetrator’s specific reasons for selling one house and two houses, the content of the real intention to hand over the house, whether the perpetrator has the ability to adjust the house handover, and the ability to pay off related debts.

In this case, after the defendant sold the real estate and obtained the house purchase money, according to the financial information provided by the company at the first instance, all the house purchase money was used for the company's operation, and was not squandered or possessed by individuals.

Moreover, the defendant has the willingness and ability to return the purchase price of the house.Therefore, although the defendant had the behavior of selling one house and two houses, but because he did not have the purpose of illegal possession, it was not enough to constitute the crime of contract fraud. "Fang Yi said.

"Now it's up to the prosecutor to speak." The presiding judge flipped through the case file and said after a while.

"The public prosecutor believes that the defendant re-sold the sold real estate to the victim in this case, which is a fictitious target real estate. Although the real estate actually exists, the purchase contract cannot be actually performed at all, and the defendant is fully aware of this. It is itself a form of contract fraud.

After one house was sold and the other house was sold, the defendant immediately sold all the shares because he was unable to hand over the house, in order to escape legal sanctions, with obvious fraudulent intentions.Therefore, we believe that the judgment of the first instance was correct and the sentence was appropriate, and we request the court to reject the appellant's claim. " said the inspector.

(End of this chapter)