Lawyer's character

"I said, you can't be more serious. Don't talk about making ends meet all day long. I won't borrow money from you. If you make ends meet, we people will be struggling on the poverty line." Li Bin said with a smile.

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

"Okay, don't be humble! Come and order first." Li Bin said, opening the menu and handing it to Fang Yi. Fang Yi was not polite. After ordering two dishes, he gave the menu to Li Bin.

After a while, four dishes and one soup were served. Li Bin opened a bottle of Wanqiujing and poured a glass for Fang Yi: "Here, we haven't seen each other 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 his wine glass and drank a toast.

The two of them ate and drank. After half an hour, 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 have something to ask you for help."

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

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

Everything went smoothly, and all the processed goods were sold. However, after taking back the money, she refused to pay the material supplier and processor. As the Spring Festival was about to come, she still refused to pay. They asked a lawyer to pay her company. Several letters from lawyers.

Later, someone called the police and reported her for contract fraud. Later, 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 rarely interacts with my family, and there are some conflicts with the older generation, 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 see me. I just found out about this.

Although I work in the public security bureau, my cousin was involved in the incident in the city next door. I can’t get involved in the matter there. I can’t find anyone reliable if I want to inquire about the case. You also know that the authorities are investigating very hard now. I It’s not easy to show up. Later, my niece asked me to help introduce a reliable lawyer, and I thought of you. Li Bin said with a cigarette in his right hand.

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

"Well, you can charge as much as you want for the lawyer's fees. You don't have to look at my face. Our two families have a normal relationship." Li Bin said hurriedly, fearing that Fang Yi would misunderstand.

Fang Yi nodded.

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

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

Her father, Liu Huashan, had a round face, thick lips, a pair of big bell eyes, and a simple and honest face. He had gained a lot of weight in his middle age. There was a pile of fat on his waistband, as if he had a bicycle tire on it.

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

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

"Where did your mother use the funds? How much money was there in total?" Fang Yi asked.

"Last time, the lawyer said that my mother had transferred all the funds to her personal account. There were more than 900,000 yuan in total." Liu Shanshan said.

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

"I don't know either." Liu Shanshan looked confused.

"It should still be in the bank account and has not been spent. Our family has not made any big purchases since November last year, so it is impossible to spend it. 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, I'm not sure yet whether this case constitutes a crime of contract fraud, whether it's an individual crime or a corporate crime. We need to further understand the case before we can make a judgment." Fang Yidao.

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

"No, I think you may have some misunderstandings. 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 224 of the Criminal Law, whoever defrauds the other party of property during the signing and performance of a contract for the purpose of illegal possession, if the amount is particularly huge or there are other particularly serious circumstances, shall be sentenced to more than ten years in prison. or life imprisonment, in addition to a fine or confiscation of property. This is a personal crime.

Article 231 stipulates that if a unit commits a crime specified in Article 224, the unit shall be fined, and the person directly in charge and other directly responsible persons shall be fined in accordance with the provisions of each article of this section. punishment. This article is about corporate crime.

According to the information you introduced, the amount involved is more than 900,000 yuan, which is a particularly huge amount. If the crime is committed by an individual, he will be sentenced to more than ten years in prison or life imprisonment, as well as a fine or confiscation of property. "Fang Yi said.

When Fang Yi spoke, the father and daughter took a breath. The Liu family is a typical example of yin rising and yang declining. Previously, all the family's income came from the company run by Zhong Lanying. If the court really sentenced Zhong Lanying to more than ten years, what would happen to the family's life? Live it!

"What if it was a crime committed by a unit?" Liu Huashan asked, staring straight at Fang Yi.

"The double penalty system is the principle for unit crimes, with the single penalty system as an exception; while individual crimes only punish individuals. Under normal circumstances, the punishment for individuals for unit crimes is much lighter than the punishment for crimes committed by natural persons. This is the biggest difference." Fang Yidao .

"How much lighter can it be?" Liu Huashan asked.

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

This question is like asking how many drops of water there are in the ocean. The judge has the power to judge independently, and the range of sentences that can be imposed is so wide. Who knows how light the sentence will be!

"Lawyer Fang, if I entrust you with this case, how much legal fees will it cost?" Liu Shanshan asked.

In her opinion, the middle-aged lawyer in front of her was much more professional than the young lawyer she had invited to meet before. At least he could explain the problem clearly without having to read the legal provisions.

As for the young lawyer, except that he was younger, handsome, and good-looking than the lawyer Fang in front of him, he seemed to have no other advantages. For criminal cases, she felt that the lawyer in front of her was reliable.