Lawyer's character

Afterwards, Zhou Yingqi filed for divorce in the court. To express his love, Zhao Xiaojie promised to go through the divorce procedures with his wife immediately and marry her after the divorce. In order to gain Zhou Yingqi's trust, he also handed a bank card to Zhou Yingqi and transferred wages, bonuses and other income into the card for her use.

At the beginning of 2011, the group company's leadership was adjusted. Zhao Xiaojie wanted to win the position of assistant to the general manager, so he approached Zhou Yingqi and asked her to use her position to greet relevant leaders of the company and seek improper benefits for him in his job promotion. For this reason, Zhao Xiaojie gave her 1.88 million yuan and asked her to help with the up and down management. After that, Zhao Xiaojie got his wish and got the position of assistant general manager.

In March 2011, Zhao Xiaojie filed for divorce with the court. During this period, Zhou Yingqi wanted to buy a house. Since it was inconvenient to transfer money to Zhou Yingqi during the lawsuit, Zhao Xiaojie borrowed 3.1 million yuan from a friend and transferred it to Zhou Yingqi. bank card for their use.

In early 2013, Zhao Xiaojie was transferred to the subsidiary as deputy general manager. In July of the same year, Zhao Xiaojie instructed his subordinates to operate projects in violation of regulations, which resulted in the cultural project invested by the subsidiary being defrauded of more than 50 million yuan by the partner. Subsequently, the public security organs intervened and began investigating related projects, and the company immediately launched an internal investigation.

Fearing that he would be held accountable, Zhao Xiaojie asked Zhou Yingqi to help resolve the matter. Zhou Yingqi found the relevant person in charge of the group to intercede for Zhao Xiaojie, and informed Zhao Xiaojie of all the information she learned from participating in relevant meetings.

In the end, the company held Zhao Xiaojie leniently accountable in handling the incident, criticized him in a circular, and deducted his entire year-end bonus.

In November of the same year, Zhao Xiaojie transferred 1.2 million yuan to Zhou Yingqi in three installments.

After the two confirmed their relationship, at the urging of Zhou Yingqi, Zhao Xiaojie filed for divorce three times, but all were rejected by the court.

In June 2014, in order to compensate Zhou Yingqi, Zhao Xiaojie took out another 2 million yuan and transferred it to Zhou Yingqi.

After that, Zhou Yingqi discovered that Zhao Xiaojie was becoming more and more greedy and tempered. In the end, the two had a big fight and ended their relationship.

At the end of 2015, Zhao Xiaojie was reported because he looked too ugly. Subsequently, Zhou Yingqi was arrested.

"According to your statement, only 1.88 million of the more than 8 million yuan was received by you for doing things at Zhao Xiaojie's request. The rest of the money was paid to you by Zhao Xiaojie in order to maintain his relationship with you as a lover. Cost, right?" Fang Yi said.

"Yes. That's my understanding." Zhou Yingqi nodded.

"Judging from the time, your statement will make people have reasonable doubts. The cultural project was defrauded before the incident, and you helped Zhao Xiaojie deal with the matter later. After the matter was settled, he gave you three more sums of money, a sum of 400,000 yuan. , a sum of 500,000 yuan, and a sum of 300,000 yuan. These three sums of money are very easy to associate with each other and are a bit unclear.

The prosecutor's office will definitely think that these three sums of money are benefits he gave you when you did things for him. According to your statement, these three sums of money have nothing to do with the cultural project being defrauded, which is indeed a bit difficult to explain. "Fang Yi said.

"But these three sums of money are indeed money to maintain our relationship as lovers, not benefits." Zhou Yingqi defended.

"How is your relationship with your husband now?" Fang Yi suddenly asked.

"We divorced a long time ago. The first time we went to the court, the court did not make a ruling. Later, we had a cold war for nearly half a year, and finally reached an agreement and went through the divorce procedures." Zhou Yingqi said calmly.

"Do your parents know?" Fang Yi asked.

"They didn't know that my parents opposed our divorce at the time, so I didn't tell them after the divorce." Zhou Yingqi said.

"What's the extent of your relationship with Zhao Xiaojie?" Fang Yi asked.

"I've been waiting for him to get divorced, and the wedding room has been secured. We basically live and eat together, and his income is all mine. The only thing missing between us is a certificate." Zhou Yingqi said expressionlessly.

"When did you start living together?" Fang Yi asked.

"After he filed for divorce, we lived together until the relationship ended." Zhou Yingqi said lightly.

"Well, let's study it further and see which angle is appropriate for our defense. Now tell us about the 300,000 yuan given to you by Jiayue Company. What's going on with the 300,000 yuan?" Fang Yi asked.

"Our company has a supplier, a technology company, which is very famous in the local area. Every year we purchase items, we invite bids. Because of business relationships, I know the CEO of that company, and I have a close relationship with their general assistant. good.

Zhao Xiaojie knew that I had a good relationship with the general assistant of that technology company, so he asked me to greet the general assistant and promote business for Jiayue Company.

Zhao Xiaojie's niece Zou Jia studied English and graduated from a relatively ordinary school, so she has never found a suitable job; her niece Zhao Yue did not study well and got a college degree. She previously worked in a small company.

In fact, Jiayue Company was co-founded by Zhao Xiaojie and his niece. Zou Jia is the legal representative and Zhao Yue is the general manager. Jiayue Company wanted to do business with technology companies, but Zhao Xiaojie didn’t have enough face and they ignored him, so he Just found me and asked me to help. Zhou Yingqi said.

"Did Jiayue Company get business from technology companies later?" Fang Yi asked.

"Well, under the arrangement of the general assistant, it is said that I got a lot of good business. Later, in order to thank me for my help, Zhao Xiaojie gave me 300,000, saying that it was from Jiayue Company." Zhou Yingqi said.

"Did you take the initiative to hand over these funds, or were they discovered?" Fang Yi asked.

"They found it. After I was arrested, they put a pile of bank transfer records in front of me. They found out these more than eight million yuan. It took so long that I can't remember it. Yes." Zhou Yingqi said.

"How did you handle the money you just mentioned?" Fang Yi asked.

"I bought two houses, one in this city and one in the capital. I also bought a car." Zhou Yingqi said.

"Did all the house and car purchases come from the money Zhao Xiaojie gave you?" Fang Yi asked.

"The money he gave me for the third-bedroom apartment in this city, and about one-third of the purchase price for the apartment in Beijing was his money, and the rest was my own money. The car was bought with his money.

These two houses have been sealed and the car has been impounded. Will they all be recovered? Zhou Yingqi asked with concern.

“According to Article 64 of the Criminal Law, all property illegally obtained by criminals shall be recovered or ordered to be returned as compensation.

In judicial practice, the principle held by judicial organs is to prevent defendants from profiting from illegal crimes, and criminals' illegal gains and their proceeds should be recovered together.

For illegal gains, the original items should generally be recovered.

I'll give you an example and you'll understand. If Zhao Xiaojie gives you a house, the judicial authorities will recover the house. And in recent years, house prices have been growing rapidly. The value of the house at the time of seizure may be several or more than ten times the market price at the time of acceptance. However, in judicial practice, the amount of bribes is generally based on the value of the house at the time the defendant received the house. identified.

However, when the property is recovered, not only the value of the house at the time of collection will be recovered, but also the house itself. In other words, the amount of bribes accepted is determined based on the house prices at the time, but the entire property must be recovered.

If the house is sold after taking over the house, if the buyer acquired the house in good faith, the court will recover the sale money received by the defendant.

Your situation is different from the above-mentioned situation. You purchase a house after receiving payment, which is another situation. "Fang Yi explained.