Lawyer's character

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

So when I first started working as a lawyer, I set a red line for myself: I couldn’t handle political-related cases no matter how much money I paid, because I couldn’t afford it. I won't handle a gang-related case no matter how much money I'm paid, because I can't handle it. "

After saying that, Fang Yi threw the cigarette butt into the ashtray and said: "Old Wang, you have not handled many criminal cases. I just want to remind you. The reality is cruel. Handling criminal cases is not like handling civil cases. It requires careful!"

Wang Deyou was completely silent!

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

Fang Yi sat at the defense table and listened to the judge read out the first-instance verdict. The prosecutors opposite were two female prosecutors, with stern faces and cold faces.

Zou Qiang, who was sitting at the appellant's table, had a shaved head and was wearing a detention center vest. Even though he had been detained for more than three months, he was in good spirits and still had high morale. Apart from appearing thinner, everything was as usual.

Fang Yi had met with him before and found him to be clear-minded, quick-thinking and able to communicate effortlessly.

"Now the appellant Zou Qiang will read out the appeal or state the reasons for the appeal." The presiding judge said expressionlessly.

"I don't think my behavior can be charged with contract fraud at all. I have no intention of defrauding. The house is right there. It is a real thing. It is just a one-bedroom and two-house sale. I can refund the purchase price of the house to the buyer." , this is a civil dispute..." Zou Qiang said.

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

"The defender believes that the court of first instance found that Zou Qiang committed the crime of contract fraud because the facts were unclear and the evidence was insufficient. The appellant Zou Qiang had no purpose of illegal possession. All the house purchase money obtained by the company was used for daily operations, and was not illegally occupied or squandered by Zou Qiang. Please ask the court to change the sentence in accordance with the law." Fang Yi said.

"Appellant Zou Qiang, do you have any objection to the facts and charges found in the first-instance judgment?" the presiding judge asked.

"I have objections. The first-instance judgment did not list the whereabouts of the purchase money. It only determined that the employee's second sale of the house under my instruction constituted contract fraud. I think this is unclear. In addition, I think I am not guilty of contract fraud. . I did not occupy or use the purchase money. The purchase money has always been on the company's account." Zou Qiang said.

"The prosecutor asked the appellant questions about the facts found in the first-instance judgment," the presiding judge said.

"Zou Qiang, when you instructed company employees to sell real estate, did you already know that the real estate sales contract had been signed and sold to a third party?" the prosecutor asked coldly.

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

"After selling one house and two houses, will the company be able to deliver the house? Do you have any other houses to provide to buyers?" the inspector asked.

"No. I was thinking..." Zou Qiang was about to defend but was immediately interrupted by the prosecutor: "Zou Qiang, you answer whatever we ask you. If you don't ask, don't you make it clear?"

"After selling the property, why did you transfer all the equity in the property to a third party?" The prosecutor continued without giving Zou Qiang time to react.

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

"Presiding judge, we've finished asking questions!" the prosecutor said.

"The next question is from the defender of the appellant Zou Qiang," the presiding judge said.

"Zou Qiang, where did the purchase money from the sale of one house and two houses go?" Fang Yi asked.

"The money for the house purchase was used to pay the company's legal fees, rent, employee wages, and repay debts. The company has accounts that can be checked. The company also provided relevant financial information during the first instance." Zou Qiang said.

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

"At that time, the company had some operating problems and needed funds urgently. I took this step just for emergency reasons," Zou Qiang said.

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

"I have thought about it. If the house is sold, 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, and the company has found the financing to take over the deal," Zou Qiang said.

"Presiding judge, the defender has finished asking questions." 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 mainly focus on determining the crime, sentencing and other controversial issues. The appellant is first asked to defend himself." The presiding judge said .

Zou Qiang’s self-defense opinions were similar to those before. Anyway, the central idea was: I have no use for the house purchase money, it was all used by the company, and I do not recognize the crime of contract fraud.

"The defender of the appellant Zou Qiang has spoken," the presiding judge said.

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

The defender believes that the key to characterizing the behavior of selling one house for two is whether the perpetrator has the subjective purpose of illegal possession. Whether the perpetrator has the purpose of illegal possession needs to be determined based on the specific reasons why the perpetrator sold one house and the second house, the true intention of handing over the house, whether the perpetrator has the ability to adjust the handover, and the ability to pay off related debts.

In this case, after the defendant obtained the purchase money from the sale of the real estate, according to the financial information provided by the company at the first instance, all the purchase money was used for the company's operations and was not squandered or occupied by individuals.

Moreover, the defendant has the willingness and ability to return the purchase price. Therefore, although the defendant sold one house and two houses, it did not have the purpose of illegal possession and was not guilty of contract fraud. "Fang Yi said.

"The prosecutor will now speak." The presiding judge flipped through the case file and said after a moment.

“The prosecutor believes that the defendant’s resale of the already sold real estate to the victim in this case is a fictitious target property. Although the property actually exists, the purchase contract cannot be actually performed at all, and the defendant is fully aware of this. It is itself a manifestation of contract fraud.

After selling one house and two houses, the defendant immediately sold all the shares because he was unable to hand over the house, hoping to escape legal sanctions, with obvious intent to defraud. Therefore, we believe that the first-instance judgment is correct and the sentence is appropriate, and we ask the court to reject the appellant’s claim. "The prosecutor said.