Lawyer's character

With the addition of intellectual property lawyers and Yu Sanqiang's think tank, Fang Yi can basically let go. As agreed in advance, the subsequent negotiations will be handed over to the negotiators sent by Yu Sanqiang. Lao Mi will not show up.

During the negotiations between the two parties, friends or old colleagues always called Lao Mi to invite him to dinner, but he declined them all. Lao Mi could use his heels to figure out that the investment company must have been anxious and dragged people out to negotiate peace. Later, there were more phone calls, and Lao Mi directly put on his backpack and went traveling. In his words, when he was imprisoned and unlucky, his friends around him were hiding and scattered. Now if he wants to run over to intercede, there is no way. Human feelings are cold and warm!

Time is tight and the tasks are heavy. The two parties in the negotiation are bickering every day. The investment company wants to get the matter done as soon as possible. The negotiators on Lao Mi's side insist on insisting on the terms. Director Gao is now a "rat in the bellows and gets the blame from both sides." , two packs of cigarettes a day were not enough for him to smoke, and his life was difficult.

"Lao Gao, this negotiation to collect the equity is something I have specially fought for you. If it can be done well, you can atone for your sins and let the boss have a deeper impression of you." Mr. Liu, who is as fat as a ball, is sitting in the office Inside, he looked at Director Gao with a smile and encouraged him.

"Mr. Liu, I appreciate your kindness. I have been quarreling with Laomi's representative every day these days. The other party refuses to give in. The boss keeps asking questions every day. This matter is not easy to handle!" Director Gao is now thinner than before. Circles, so anxious that there are bubbles on the mouth.

He looked at Mr. Liu with a bitter look on his face, and he had already greeted Mr. Liu's eight generations of ancestors in his heart. To put it bluntly, this is just a job of wiping the butt. Who told me that I messed up the job in the first place? I have to do it even if I don't want to do it because I am holding someone else's job. The old youtiao Guizhou donkey is at the end of his skills!

"Actually, this matter is easy to handle. Professional people take care of professional matters. As for the equity transfer price, I think it is not unacceptable considering the time cost and future benefits. The key is how you say it to make the boss feel reasonable. Mr. Liu said while holding a big teacup and blowing on the tea without raising his eyelids.

"You mean to leave the agreement to the legal department and we will only solve the price issue? If the legal department insists on sticking to the agreement and refuses to go through the meeting, the boss..." Director Gao said with a sad face.

"Old Gao, why are you so confused? This project is spearheaded by the boss, and it is a project that has a name within the company. If the legal department insists on not allowing the acquisition, you can escape your responsibilities.

Besides, what the boss wants is benefits. In today's society, there is no risk in anything you do. You may choke to death on a steamed bun while eating. Making money is the most important thing. The boss will definitely force the legal department to have a meeting. Even if something goes wrong in the future and the legal department takes the blame, what are you afraid of?

Let me tell you the truth, we don’t have much time left for this project. The pharmaceutical company that is preparing to go public has given us a deadline of one month. If we can’t get it done, the other party will stop talking. The boss will definitely consider the price, so don’t take the blame on yourself. Mr. Liu said earnestly.

Director Gao suddenly understood and felt much more enlightened.

…

After waiting for a period of time, the second trial of Zhou Jiangmeng's case finally started.

"The appellant Zhou Jiangmeng will first read out the appeal or state the reasons for the appeal." After completing the previous procedures, the presiding judge looked at the defendant's seat.

"The court of first instance found that I misappropriated the name of Li Yuangon, stole the passbook password many times, and went to the bank to withdraw the money in the passbook. This was an act of secret theft. I think the court's characterization was wrong. I picked up the passbook. , I didn’t steal it, my behavior should not constitute the crime of theft..." Zhou Jiangmeng held a piece of letter paper and read.

The content written on the paper was written down when he listened to Fang Yi's defense plan before the trial. This time he only mentioned that he did not commit the crime of theft, but did not say that he did not commit a crime.

"The defendant's defense lawyer will state the reasons for the appeal below." The presiding judge looked at Fang Yi expressionlessly.

“The defender believes that the facts determined by the court of first instance were unclear, the evidence was insufficient, and the law was improperly applied.

Although the appellant Zhou Jiangmeng subjectively had the purpose of illegal possession, objectively he did not commit the act of secret theft. The evidence in the case cannot prove that the bankbook was stolen by the appellant Zhou Jiangmeng. Therefore, the appellant in this case is not guilty of theft.

After the appellant Zhou Jiangmeng found the passbook, he used deceptive means to conceal the truth to possess other people's property for the purpose of illegal possession. The nature of his behavior should be fraud rather than theft, and the amount of fraud was huge, so his behavior should constitute the crime of fraud.

Considering that the appellant Zhou Jiangmeng was a first-time offender and an occasional offender, all the stolen money had been recovered after the incident, and the appellant had a good attitude of pleading guilty after being brought to justice. The defender suggested that the court give the appellant a lighter punishment. complete. "Fang Yi said.

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

"The court of first instance found that I had the purpose of illegal possession. I don't deny it, but I did not commit any secret theft. I took the money from the bank in an honest and fair manner in the name of Li Yuangong. Therefore, I have no objection to what was found in the first instance judgment." The facts and charges are not accepted." Zhou Jiangmeng said confidently.

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

"Appellant Zhou Jiangmeng, how did you obtain Li Yuangong's bankbook?" The male prosecutor from the Municipal Procuratorate looked at Zhou Jiangmeng.

"I picked it up from under the bench outside the gate of the office building." Zhou Jiang replied fiercely.

"Have you looked at the passbook after you picked it up? Do you know who the owner is?" the male prosecutor asked.

"I know. I opened the passbook after I picked it up. It was Li Yuangong who lost it. There are more than 100,000 yuan in the passbook." Zhou Jiang lowered his head and said.

"What did you do after that?" the male prosecutor then asked.

"I hid the bankbook, then guessed the password and went to the bank to withdraw money..." Zhou Jiang told the past events fiercely.

"Have you ever thought about returning the passbook and money?" the male prosecutor asked.

"At that time, I was so obsessed with money that I didn't want to return the bankbook and money." Zhou Jiangmeng told the truth.

"Presiding judge, the prosecutor has finished asking questions." After the male prosecutor finished speaking, he looked at the presiding judge.

"The appellant Zhou Jiangmeng's defender asked a question," the presiding judge said.

"Appellant Zhou Jiangmeng, after you picked up the passbook, did the owner Li Yuangong issue a missing property notice?" Fang Yi asked.

"No, before I was arrested, I never saw him posting a missing property notice, nor did I hear anyone in the company talking about him losing his bankbook." Zhou Jiang replied fiercely.

"How many days did it take from the time you picked up the passbook to the time you were arrested?" Fang Yi asked.

"I don't remember how many days, but it should be more than half a month, less than a month." Zhou Jiang thought about it fiercely.

"Presiding Judge, the defender has finished asking questions." Fang Yi said.

"Do the prosecutors, defenders, and appellant have any new evidence to submit?" the presiding judge asked.

"There is no new evidence." All three parties said.

…