Tokyo Barrister: Start the law firm bankruptcy

Chapter 426 tit for tat
"This is complete nonsense!" Yan Yong stood up directly from the public prosecution bench, his eyes widened. "Economic disputes are by no means a so-called deterrent reason for breaking the law. Is it because someone owes me money that I can do whatever I want? Kidnapped and extorted property?! This is simply absurd! If we follow what the defense lawyer said, wouldn’t everyone be able to break the law with impunity!!”

"The fundamental problem lies in the evaluation of the illegality of the purpose of Morimoto's illegal possession." Beiyuan also amplified his voice sharply, "Although the funds involved in the case have been divided by Morimoto and twelve researchers. But the fundamental problem is that this illegal possession Whether the behavior has the realistic consequence of causing social harm."

"By the defender showing the post on the doctorjob forum just now—" Beiyuan's voice continued, "we can fully understand that the Cangqiao Club has been in arrears with the club's researchers for a long time. The one-time subsidy has caused very bad effects. In this case, the researcher The use of private relief to detain part of the property of the club has not caused any real harm to the legal interests protected by the criminal law."

As soon as the words fell, Yan Yong immediately retorted: "Who said there is no real harm?! The defendant has seriously violated the company's financial system by making a large number of false invoices to reimburse the club's finances. Let me ask, if Morimoto's behavior today If you can’t be punished by law, wouldn’t that encourage everyone to use fake invoices to reimburse the club?!”

The senior prosecutor pressed on step by step, "This method of reimbursement to the club with fictitious materials has undoubtedly seriously hindered the normal financial operation of the club. The company will not be able to tell which employee's reimbursement is true. Which one is untrue. Therefore, this practice of endangering the financial management system of modern enterprises is absolutely harmful to society, and has already violated the legal interests to be protected by the criminal law!"

"It seems that the prosecutors don't have enough understanding of the current situation of the Cangqiao Club." Beiyuan sneered, "In fact, the Cangqiao Club not only owes researchers a large amount of housing allowances and talent subsidies, but also repeatedly punishes researchers in the reimbursement system." To make things difficult. Many researchers paid for the consumables needed for many experiments out of their own pockets. However, when it was time to reimburse the club, the club continued to delay the process in various ways.”

"Among them, the one that is particularly troublesome is that the Cangqiao Club actually stipulates that the invoices of the current month must be reimbursed in the current month, otherwise they will not be reimbursed if they are overdue. At the end of the month, the expenses paid by the researchers, the club's finances use various reasons. For example, the format of the reimbursement application is not equal, and sending back their reimbursement request is delayed beyond the time point of the current month."

"Due to the existence of this extremely inhumane financial management system, the researchers of the club have to make up another invoice to spell out an approximately similar amount for reimbursement when the invoice is overdue. Therefore, consider At this point, the prosecutor’s allegation of using false invoices for reimbursement and endangering the financial management system is not true. The reason why the researcher involved in the case used untrue invoices for reimbursement is due to the unreasonable financial management system of Cangqiao Club.”

"Although they used untrue invoices for reimbursement, the reimbursement amount is equivalent to the amount of these researchers' overdue invoices. Therefore, regarding the issue of false reimbursement, it cannot be determined that Morimoto has the subjective purpose of illegal possession!"

In a blink of an eye, the defense lawyer in court rebutted again.

Chikako next to her was completely stunned.In her public prosecution career, she has never seen such a defender who can do this kind of defense work.

The expression on Yanaga's always serious face also fluctuated slightly.He didn't expect such a young lawyer to have such amazing energy.Although the work of proving evidence in this case was mainly done by Chikako, no matter what, it was also reviewed by herself.

At the beginning, I didn't see these loopholes in the prosecution materials prepared by Qian Hezi.Could it be that this brat really...can really see flaws that he can't see? !Yan Yong gritted his teeth and quickly thought about how to deal with it.

Many university managements in the audience, when they heard the defense lawyer's words, their faces were unprecedentedly ugly.Not only because the lawyer named Beiyuan defended Morimoto, but also because the defense lawyer actually revealed the fact that the university's production and research companies owed subsidies to scientific researchers and asked scientific researchers to advance the cost of experimental consumables by themselves. .

Truth be told, university budgets are getting tighter every year right now.However, the cost of recruiting good talent has only increased.Therefore, it has long been a tacit strategy adopted by the management to use various means to "paint cakes" to attract talents, and then "opportunistically" breach the contract or default on the subsidies that researchers deserve.

Young scholars naturally did not dare to resist, after all, not many young people who had just entered the academic world dared to tear themselves apart from an institution like Kyoto University.This is tantamount to self-destructing your future in academia.It is precisely because of this that Kyoto University has absorbed a lot of talent bonuses through this method.Just like these researchers at the Cangqiao Club, even if they can't get subsidies, even if they pay the expenses in advance out of their own pockets, as long as they work in the name of the production and research company of Kyoto University, they will be willing to work like cattle and horses. Work.

However, these are industry secrets that cannot be revealed.

However, now the defense lawyer is trying to reveal all these scandals in court, which will undoubtedly have a negative impact on the reputation of the university.

Yan Yong's mind was running rapidly, constantly thinking about the way to deal with it.In an instant, he suddenly discovered a flaw in the defender's argument.This Beiyuan lawyer is not mediocre, he just knows how to put on airs.This look really almost fooled me.

Yan Yong showed a contemptuous smile, stood up immediately, and said, "Chief referee. Even if we admit that the economic dispute mentioned by the defender is the so-called illegal obstruction, at least the money he distributed should be equal to the debt owed to the employees by the club." It can only be established if the subsidy is equal. If the amount of funds it has extracted from the club far exceeds the amount of its debt to the club, then this kind of fraud has an indisputable purpose of illegal possession!"

"In fact, the Cangqiao Club has been actively dealing with its arrears of researcher subsidy fees, but it has not been satisfactorily resolved because of the problem of fund flow. However, as early as a year and a half ago, the Cangqiao Club had paid at least nearly 70 % of the delinquent subsidy fee."

"Under the circumstances, the defendant, Morimoto, is still maliciously extorting funds for salary payment. The amount of funds he embezzled is obviously disproportionate to the subsidies owed to employees by the club, and the purpose of his illegal possession is obvious, which has far exceeded what the defender said Therefore, the cross-examination opinion claimed by the defender is not tenable, and the behavior of the defendant Morimoto is undoubtedly an act of corruption that should be severely punished by the criminal law!"

(End of this chapter)