Lawyer

Chapter 350 Personal Crime VS Corporate Crime
"I said, you can't be more realistic. Don't talk about living all day long, and I won't borrow money from you. If you make a living, we are struggling on the poverty line." Li Bin laughed.

"Brother Li, look at what you said. We have support behind us. We all have to rely on ourselves. It's different. If we have food today, whether we can receive a case tomorrow, only God knows. To be honest, we are almost like beggars!" Fang Yi laughed at himself.

"Okay, don't be humble! Come and order first." Li Bin opened the menu and handed it to Fang Yi.Fang Yi was also polite, and after ordering two dishes, he gave the menu to Li Bin.

After a while, four dishes and one soup were served, and Li Bin opened a bottle of Knockout Well and poured Fang Yi a glass: "Come on, I haven't seen you for a while, let's have a drink first."

Fang Yi saw that Li Bin had something to say, but the other party didn't mention it, and it was hard for him to ask, so he picked up the wine glass and drank it.

The two ate and drank. Half an hour later, Li Bin felt that it was almost done, so he put down his chopsticks, took out a cigarette and handed it to Fang Yi, then lit one himself and said, "I need your help with something."

Fang Yi knew that the point of tonight was coming: "Brother Li, tell me."

"I have a cousin named Zhong Lanying who is in the toy business next door. Her company received an order in November last year, and then she started to discuss with material suppliers and processors for processing.

Everything went smoothly, and all the processed products were sold, but after getting the money back, she didn’t pay the material dealer and the processing party. Since the Chinese New Year was about to be celebrated, she kept refusing to pay, so they asked a lawyer to send her company a Several lawyer letters.

Later, people reported to the police that she was fraudulent in the contract, and then the police filed a case, and the case was transferred to the prosecutor. Now it is said that the case has been transferred to the court.

My cousin seldom interacts with my family, and the older generation has some conflicts, so her family has never asked me for help.After the case was transferred to the court, they panicked. A few days ago, my niece came to me.I just found out about it.

Although I work in the public security agency, my cousin happened in the city next door. I can't get my hands on the matter there, and I can't find a reliable person if I want to inquire about the case. You also know that the investigation is tight now. I It's not easy to show up.Later, my niece asked me to help introduce a reliable lawyer, and I remembered you. Li Bin said with a cigarette in his right hand.

"No problem, just ask her to come to the law firm and find me directly." Fang Yi said.

"Well, you can charge as much as you want for the lawyer's fee, and you don't need to look at my face. The relationship between our two families is average." Li Bin hurriedly said, afraid that Fang Yi might misunderstand.

Fang Yi nodded.

A few days later, Liu Huashan, husband of Li Bin's cousin Zhong Lanying, walked into the conference room of Wanhua United Law Firm with her daughter Liu Shanshan.

Liu Shanshan is in her twenties, with a slightly fat body and a round face. She looks a lot like her father. At first glance, she can tell that she is not deeply involved in the world, and she must have just graduated.

Her father, Liu Huashan, had a big round face, thick lips, a pair of big bell eyes, and a simple and honest face. He was very fat in middle age, and the fat piled up on the waistband of his trousers, like a bicycle tire.

"...Lawyer Fang, I'm not too clear about the specific situation. The lawyer I hired before to meet with my mother didn't ask too much about the situation. I only know so much." Liu Shanshan frowned.

Liu Shanshan didn't give much more information than Li Bin, and Fang Yi couldn't make a judgment for the time being.

"Where did your mother spend the funds? How much is the total?" Fang Yi asked.

"Last time, the lawyer said that my mother transferred all the funds to a personal account. There are more than 90 in total." Liu Shanshan said.

"Are these funds used, or are they just hidden in your mother's bank account?" Fang Yi asked.

"I don't know either." Liu Shanshan was at a loss.

"It should still be in the bank account, not spent. Our family has not had any major consumption since November last year, so it is impossible to spend. Her mother has always been in charge of the company's affairs, and we are not involved, so we are not special. Clear." Liu Huashan said.

"Well, whether this case constitutes a crime of contract fraud, whether it is a personal crime or a corporate crime, I am not sure yet. I need to learn more about the case before I can make a judgment." Fang Yi said.

"Lawyer Fang, you just said that personal crimes and corporate crimes, if it is a corporate crime, will her mother not be sentenced? Is that so?" Liu Huashan asked puzzled.

"No, I think you may have misunderstood something. If it is a corporate crime, as the legal representative and actual controller, your spouse still has to bear legal responsibility. But there is a difference in sentencing.

According to the provisions of Article 220 of the "Criminal Law", whoever, for the purpose of illegal possession, defrauds the other party's property during the process of signing or performing a contract, if the amount is particularly huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment. fine or confiscation of property.This is a crime against an individual.

Article 230 stipulates that if a unit commits the crime specified in Article 220, the unit shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of each article of this section.This one is for corporate crime.

According to your introduction, the amount involved is more than 90 yuan, which is extremely huge. If it is an individual crime, it will be sentenced to fixed-term imprisonment of more than ten years or life imprisonment, and a fine or confiscation of property. "Fang Yi said.

What Fang Yi said about the father and daughter gasped. The Liu family is a typical case of yin prosperity and yang decline. Before that, the family’s income all came from the company run by Zhong Lanying. pass it!

"What if it's a unit crime?" Liu Huashan stared at Fang Yi and asked.

"The principle of unit crime is the double punishment system, with the exception of the single punishment system; while individual crimes only punish individuals. Generally, the punishment for unit crimes is much lighter than that for natural person crimes. This is the biggest difference." Fang Yidao .

"How much lighter?" Liu Huashan asked.

"This... depends on the specific circumstances of the case. The scope of activities is relatively large, so it's hard to generalize." Fang Yi said.

This question is like asking how many drops of water there are in the sea. The judge has the right to judge independently, and the range of possible sentences is so wide. Who knows how light the sentence will be!
"Lawyer Fang, if you are entrusted with this case, how much will it cost?" Liu Shanshan asked.

In her opinion, the middle-aged lawyer in front of her is much more professional than the young lawyer she invited to meet before, at least he can explain the problem to the point without having to read the law.

And that young lawyer, apart from being younger, handsomer, and better-looking than the lawyer Fang in front of him, seemed to have no other advantages.For criminal cases, she felt that the lawyer in front of her was reliable.

(End of this chapter)