Lawyer

Chapter 877 My heart skipped a beat

Seeing the yellow hair disappearing in the elevator, Wu Qinghui suddenly thought of something, secretly said: This guy won't fool me, forget it, it's only 1000 yuan.If you come, I will earn some extra money; if you don’t come, my ears are clean, so I don’t lose anything!
Wu Qinghui's ears were destined not to be clean. The next afternoon, he received a call from Huang Mao, who said that the client would come to the law firm to meet Fang Yi the next morning.

The ones who came to meet Fang Yi were a mother and son. The mother, Jiang Lan, was in her 40s, wearing gold and silver, with a big face drooping, full of sadness, with tears in her eyes; her son, Xu Chen, was about 27 or [-] years old. The skin care is better than that of the big girls. She is wearing a famous brand and is well dressed. Her hair is parted and she looks a little sloppy.The living conditions of this family should be good.

"Ms. Jiang, have you brought the verdict?" Fang Yi asked after a few pleasantries.

"Bring it." Without waiting for Jiang Lan to speak, his son Xu Chen took out a criminal verdict from his purse.

Fang Yi took the verdict, read it and asked the mother and son opposite, and basically figured out what happened.

Xu's family is not in this city, but in Xujia Village under the next city.Xu Chen's father, the defendant in this case, Xu Qiguo, is the director of the village committee of Xujia Village.

In mid-June of the previous year, a training school in the county was about to expand its scale. When it was worrying that it had no money for development, it was heard that Xujia Village had received a lot of demolition money for the land acquisition and demolition of the road in the city. The general manager and legal representative of the training school Tang Jianyao met Xu Qiguo, the village director of Xujia Village through friends.

Later, Tang Jianyao proposed to the village director Xu Qiguo that he wanted to borrow 200 million yuan from the Xujia Village Committee where Xu Qiguo works, with an annual interest rate of [-]% (simple interest) on the grounds that the training school lacked funds for development.

Without discussing with other members of the village committee, Xu Qiguo arranged for the accountant of the village committee to lend a total of 200 million yuan in compensation for land expropriation in the village to the training school in two installments, with an agreed annual interest rate of [-]% (simple interest ).

After Tang Jianyao got the loan, he started to expand the rental space of the training school, advertise, increase office supplies, recruit teachers, etc., but found that the budget was small and the money in hand was not enough, and the operation of the training school would also need expenses in the future , So he found Xu Qiguo again.

This time, Tang Jianyao proposed to Xu Qiguo to borrow 600 million yuan from the Xujia Village Committee. The 600 million yuan included the 200 million yuan he had already lent.

Xu Qiguo felt that the training school borrowed too much money this time, and he could not make the decision, so he convened a village committee meeting in early September of that year to discuss whether to lend money to the county training school.

In this meeting, Xu Qiguo did not tell the members of the village committee who participated in the meeting that he had borrowed 200 million yuan to the training school.

After some discussions, everyone felt that the income of the training school was not bad, there were many students, and the repayment was not a problem. The village’s demolition compensation was lying on the bank account, and the interest was too low. They agreed to lend 600 million yuan of the demolition funds to the county. In the training school, and signed the resolution of the meeting.

After the meeting, the Xujia Village Committee signed a loan contract of 600 million yuan with the training school, with an agreed annual interest rate of [-]% and a loan period of [-] months.

After the loan contract was signed, the Xujia Village Committee paid a total of 550 million yuan to the training school in three installments, including the 200 million yuan previously lent to the training school.As of August last year, the training school had returned 240 million yuan.

Later, he was reported and Xu Qiguo was arrested by the public security organs.The unreturned amount at the time of the incident was 310 million yuan, and most of the money was recovered through judicial procedures since then.

Afterwards, the county procuratorate brought the defendant Xu Qiguo to the county people's court for the crime of embezzlement of public funds.

The people's court held that the facts of the crime accused by the public prosecution against the defendant Xu Qiguo were clear, the evidence was solid, and the charges were established.As the director of the village committee, Xu Qiguo, in assisting the government in the management of compensation fees for land expropriation, went beyond the scope of his duties and transferred 200 million yuan of public funds to others in his own name without the collective discussion of the village committee. Huge, the circumstances are serious, and his behavior constitutes the crime of embezzlement of public funds.

After the incident, most of the money embezzled by the defendant has been recovered, and he can be given a lighter punishment as appropriate.In accordance with the provisions of the second paragraph of Article 384 of the "Criminal Law", the judgment: the defendant Xu Qiguo committed the crime of embezzlement of public funds and was sentenced to eight years in prison.

After the verdict was pronounced in the first instance, Xu Qiguo refused to accept it and appealed.The reason for the appeal is: he borrowed 200 million yuan from the county training school, and the village committee has ratified afterwards that the loan was a collective act, and he himself did not make a profit during the borrowing process, so he requested to be acquitted according to law.

"Mr. Xu, your father's case has been appealed, right?" Fang Yi looked away from the verdict and looked at Xu Chen who was opposite.

"I filed an appeal. It was the lawyer who wrote the appeal according to my father's wishes. This is the appeal. You can read it." As he spoke, Xu Chen took out another appeal from his bag and handed it over. past.

Fang Yi looked at it, and found that the appeal was simple and generally acceptable.

"Do you know whether the case is in the county court or transferred to the intermediate court?" Fang Yi asked.

"It seems to be transferred to the intermediate court yesterday. Yes, it was yesterday.

Lawyer Fang, the previous lawyer Zhang said that my dad is not a state worker, nor is he a quasi-state worker, so he is not the subject of the crime of embezzlement of public funds.So did the lawyer at the time.

The court ruled that my dad constituted the crime of embezzlement of public funds. Is there a problem with this judgment? "Xu Chen looked at Fang Yi, seeing him put down the appeal, and asked.

"Well, there is indeed a problem with the judgment of this case.

Under normal circumstances, the village director is not a state employee, nor is he a quasi-state employee, so he should not be the subject of the crime of embezzling public funds.

However, in this case, your father Xu Qiguo’s management of land expropriation compensation belongs to the village’s grassroots organization personnel assisting the people’s government in the administrative management of the management and distribution of land expropriation compensation, which belongs to the personnel engaged in public affairs.

To put it bluntly, although your father is not a civil servant, he is assisting the people's government in performing its duties, so what he did was done by a civil servant, so your father can be the subject of the crime of embezzlement of public funds. "Fang Yi explained.

"Then...according to what you mean, is there no hope of changing the sentence in my dad's case?" Xu Chen thumped in his heart and asked hastily.

Jiang Lan also moved forward nervously, sat on the chair half her buttocks, straining her ears to hear Fang Yi's explanation.

"It cannot be said that, although your father can be the subject of the crime of embezzlement of public funds, judging from the current case, your father does not necessarily constitute a crime.

Of course, we need to read the case file and meet with your father to confirm all the facts of the case and the defense plan. "Fang Yi said.

(End of this chapter)