Lawyer's character
Chapter 112 Contract Fraud
There were many large trucks on the road. The driver of the large truck felt angry when he saw the small electric cars driving around. He turned the steering wheel and said goodbye to Mr. Qian's electric car.
Mr. Qian also drove a large truck before he retired. He had a very bad temper. As soon as the large truck ignored him, he immediately quit the job. He lowered the window and cursed loudly, and the two started driving a vindictive truck on the road.
In the end, Mr. Qian's electric car was scratched by a large truck and hit a tree on the side of the road. Fortunately, the speed was not fast and Mr. Qian was wearing a seat belt. Except for a bruise on his head, he was not seriously injured.
After the traffic police came, they determined that both parties were responsible, and Mr. Qian assumed secondary responsibility. Originally, the matter was over here, but when signing the contract, the police smelled the smell of alcohol on Mr. Qian's body, took out a breathalyzer and tested it, and found out that he was driving drunk.
have to! Before the traffic accident was resolved, Mr. Qian went in again. The Traffic Police Detachment of the County Public Security Bureau not only fined Mr. Qian 50 yuan, but also revoked his motor vehicle driving license.
Qian Linlin was worried about her husband when she suddenly received a call that her father had been arrested again. Her mother was crying and she was going crazy. All the bad luck happened to her.
Not long ago, the Intermediate People's Court found that Cao Yueshan was guilty of contract fraud and was sentenced to fifteen years. Qian Linlin was busy with the appeal of the case and her father's dangerous driving case. Otherwise, she would have had so many lawsuits on her mind.
The second case is the contract fraud case of Qian Linlin’s husband, Cao Yueshan. This case was relatively complicated, and Qian Linlin didn't understand everything, so she briefly explained the situation to Fang Yi.
It turns out that at the beginning of last year, Gaojiazhuang Village in the county was listed as a demonstration village for new residential construction. In May of the same year, the Gaojiazhuang Village Committee signed a letter of intent with Honghai Company, of which Qian Linlin’s husband Cao Yueshan is the chairman, to develop a new residential real estate project in the village.
After consensus reached by both parties, Honghai Company was responsible for handling all the procedures required for the new residential project, and remitted a deposit of 3 million yuan to the Gaojiazhuang Village Committee account within two months, and 50 million yuan within six months. As project start-up capital, Gaojiazhuang Village Committee will provide 30 acres of land for temporary construction.
After the letter of intent was signed, Red Sea Company remitted a deposit of 3 million yuan to the account of Gaojiazhuang Village Committee as agreed. As the saying goes, it is difficult for a strong dragon to defeat a local snake. In order for the project to start smoothly, Red Sea Company entrusted Gao Wantian, director of Gaojiazhuang Village Committee, to undertake the construction. All temporary construction projects were completed.
At this time, the Red Sea Company had no funds in its account and could not hand over the 50 million project start-up capital. However, Cao Yueshan wanted to do this project very much, so he approached Zhou Qiang, a project manager at the Urban Construction Group, to discuss cooperation.
Seeing that the project was indeed feasible, Zhou Qiang and Cao Yueshan agreed that the Urban Construction Group would undertake the construction of a new residential project in Gaojiazhuang Village of approximately 600,000 square meters. Cao Yueshan asked the Urban Construction Group to first remit 2 million yuan to the Red Sea Company account as a deposit. After Zhou Qiang remitted the money as required, Red Sea Company signed a construction contract with a subsidiary of the Urban Construction Group, and agreed to start construction within two months after the contract was signed.
Afterwards, Zhou Qiang began to demand a deposit of 2 million yuan from Red Sea Company because Red Sea Company failed to allow the subsidiaries of the Urban Construction Group to start construction as stipulated in the contract.
Not long after Cao Yueshan's Red Sea Company received the deposit from the Urban Construction Group, it spent the money on the project. At this time, there was no money for Zhou Qiang at all.
The project was delayed for a long time. The Gaojiazhuang Village Committee came to Cao Yueshan to ask about the progress of the project. Zhou Qiang pressed for debt again and again. Cao Yueshan could only find someone else to contract the project.
At the end of the year, someone introduced Cao Yueshan to negotiate a cooperation with Chen Zheng, general manager of Lianda Company. Chen Zheng believes that the terms offered by Red Sea Company are very favorable and he will make huge profits if he can obtain a construction agreement.
Lured by the benefits, Chen Zheng signed a construction agreement for a new residential building project with Red Sea Company after only looking at the project renderings. After signing the agreement, Chen Zheng paid a deposit of 3 million yuan to Red Sea Company.
After receiving the 3 million yuan deposit from Chen Zheng, Red Sea Company immediately gave 2 million yuan of it to the Urban Construction Group and returned the project deposit. The remaining one million yuan was all used by Cao Yueshan on project construction and the company's daily expenses.
Since then, the new residential project has failed to start as scheduled. Chen Zheng approached Cao Yueshan many times to inquire about the start of construction arrangements. The latter pushed it back again and again, but was unable to fulfill his previous commitments.
Chen Zheng saw that the project had been pushed back again and again, with no deadline, so he asked to terminate the cooperation and let Cao Yueshan return the 3 million yuan deposit.
At this time, Cao Yueshan was in dire straits, and he wanted to return the deposit, but the Red Sea Company only had a few hundred yuan in its account, and he had no money to pay it back. Chen Zheng reported the case to the public security bureau in August last year after repeatedly asking for accounts without success.
Cao Yueshan went to Beijing to look for investors and never returned. At the beginning of the year, the public security organs arrested him in a hotel chain in the SJS District of Beijing.
Cao Yueshan was very cooperative and told what had happened in the past, but he never admitted that he had cheated money. The case was quickly sent to the Procuratorate, and soon the Procuratorate filed a public prosecution with the Municipal Intermediate People's Court.
The last time Sister Lan recommended Fang Yi to Qian Linlin, Qian Linlin had already entrusted a lawyer from the capital, so she declined Sister Lan's kindness. In the minds of most people, the name "Jingcheng Lawyer" represents professionalism and ability, and Qian Linlin is no exception. If there are Jingcheng lawyers, they will naturally not consider the small lawyers in the county.
However, the Beijing lawyer she hired talked too much after a few drinks and was unlucky. In the end, the court did not adopt the defender's opinion, causing Qian Linlin to lose confidence in the Beijing lawyer.
Feeling that she had been cheated, Qian Linlin did not dare to go around hiring a lawyer, and she did not have the time (according to Article 230 of the Criminal Procedure Law, the time limit for appeals and protests against a judgment is ten days. The time limit for appeals and protests against the ruling is five days, starting from the second day after receiving the judgment and ruling), so she remembered the lawyer Fang that Sister Lan had introduced to her before.
After calling Sister Lan, she checked the cases handled by Xia Yi on the Internet. She felt that Fang Yi was relatively reliable, so she asked Sister Lan to make an appointment with Fang Yi.
"Hey! My husband only wanted to make a fortune so he signed a cooperation agreement with the Gaojiazhuang Village Committee. He had more than four million in hand at the time. This amount of money was enough to develop real estate.
But seeing that other people were making a lot of money in real estate, he wanted to make some money, but he didn't make any money and ended up getting involved himself.
Lawyer Fang, do you think my husband’s case can be overturned in the second instance? Qian Linlin said with a sad look on her face.
"Let's talk about it one by one. I think there is hope for your father's dangerous driving case, but since I haven't seen the case file yet, I can't say anything.
But a dangerous driving case I did before was similar to your father's case, except that one was an electric bicycle and the other was a four-wheel electric vehicle.
You also know that there are all kinds of cars running on the road now. There is currently no national regulation on whether this type of scooter for the elderly is considered a motor vehicle. So I think there is still a certain chance. "Fang Yi said.
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