Tokyo Barrister: Start the law firm bankruptcy

Chapter 439 Downstream
Chikako was not reconciled.The pride of being a prosecutor did not allow her to lose in front of this lawyer.If the past failures can still be attributed to the fact that the other party has the assistance of the Accounting Inspection Institute, then now that the other party has lost the help of the Accounting Inspection Institute, I have no reason to retreat.

"No matter how much the defendant's lawyer argues, Morimoto has signed the approval form. And the machinery subsidies involved in the case have also been issued, and the public funds of the city hall have also been embezzled. Morimoto's behavior, no matter how much it is concealed, is real. corruption!"

"Oh?" Beiyuan sneered and stepped forward to ask, "Then, prosecutor. Please explain in detail what kind of model the precision machinery subsidy in this case is, and how it made my client commit the crime of corruption." ?”

Qian Hezi took a few steps forward and said: "The precision machinery subsidy model involved in the case can of course prove Morimoto's corruption without a doubt. Kumata Liben Machinery Co., Ltd. conducts false sales of precision machinery in Kyoto. Among them, the subsidy distribution The specific model is that the club sells precision machinery below the market price, and the city hall will issue subsidies to make up for the losses caused by the club’s sale below the market price. Thus, the subsidy enables the club in Kyoto to continue Sell ​​precision equipment at below market prices."

As soon as the female prosecutor's words fell, Bei Yuan immediately said: "Among the content described by the public prosecutor just now, there are several justified evidentiary difficulties."

In court, the young male lawyer asserted to the public prosecutor in front of him that there were major flaws in the evidence.

Suddenly, many eyes couldn't help but gather again.

Apart from the problem with the minutes of the meeting that the male lawyer just pointed out, many people couldn't see any problems with the evidence presented by the public prosecutor.

"First, about false sales." Beiyuan said, "The sales of precision machinery and equipment involved in the case were not fabricated by the relevant companies out of thin air. We can see that the relevant equipment was indeed sold in Kyoto, and then shipped from the warehouse in Kyoto to Chiba County. We can only say that the real purchaser of the equipment in this case is not an enterprise in Kyoto, but an enterprise in Chiba County.”

"Therefore, it is inappropriate for prosecutors to describe this process as 'false sales'. The sales activities are real. It would be more appropriate to say that after the Kyoto companies obtained the subsidized equipment, they resold the equipment. It was given to enterprises in Chiba County to earn the difference."

"That is to say, the real possible crime is not 'false sales', but 'reselling subsidized machinery and equipment'."

Standing on the court, Beiyuan guided the debate step by step to the key point, "The question is whether purely 'reselling subsidized machinery and equipment' is a criminal offense? There is no doubt that it violates the municipal However, whether such a violation of the regulations is equivalent to a violation of the criminal law needs to be marked with a question mark.”

"The criminal facts in this case actually consist of two parts. The first part is the fact of reselling machinery and equipment. The second part is the fact that Morimoto obtained the so-called share dividends from Kumata Corporation. Among them, the second part Whether it constitutes a crime is actually determined by whether the facts in the first part constitute a crime."

"If reselling machines is not a crime, then Morimoto's behavior cannot be a crime."

Beiyuan's voice continued to say, "Reselling machinery and equipment is not so much a criminal act, but rather a breach of contract. In other words, the company that purchased the machinery and equipment did not put the equipment into the specified use. Instead, they resell it. What is violated is the agreement reached between the company that purchased the equipment and the city hall on receiving subsidies.”

"Breach of contract is not the same as a crime." Beiyuan picked up an "Application Form for Subsidy for Procurement of Precision Equipment" and pointed to the small lines of text at the end of the form, "Actually, the notes in the application form have stated that This application form constitutes an administrative agreement with the Kyoto City Hall. If the agreement is violated, the City Hall will apply to the court to enforce the administrative agreement."

"That is to say, the so-called infringed legal interests involved in the case can completely be applied by the city hall to the court to enforce the administrative agreement and recover the subsidies that have been issued without resorting to criminal means. In this case, it is just 'simple reselling It is questionable whether 'subsidized machinery' can constitute a crime."

"There is no doubt about the crime, and the punishment is light. If 'reselling subsidized machinery and equipment' does not constitute a crime, then the behavior of my client, Morimoto, certainly does not constitute a crime."

Bei Yuan's voice fell.

An extremely ingenious and irrefutable argument appeared in court.In the mouth of this male lawyer, the profound and mysterious legal viewpoints have become extremely easy to understand expressions.Yes, if reselling machines does not constitute a crime, then why does Morimoto's behavior constitute a crime?
When Qian Hezi heard Bei Yuan's words, she couldn't help being slightly taken aback.In an instant, it was difficult for her to refute the Beiyuan lawyer's point of view.Rather than saying that it was difficult to refute, it would be better to say that she couldn't help agreeing with the words of the Beiyuan lawyer in her heart.

"Qian Hezi! Don't be fooled by his sophistry!" Yan Yong sat next to him, and said in a low voice, "Be sure to hold on."

However, just after Yan Yong finished speaking, Kitahara's voice sounded again, "In this case, no legal interests protected by the criminal law were actually violated. Even though the final purchaser of the equipment is not a company in Kyoto, but Chiba." However, these enterprises, as users of precision machinery, still enjoy the cost reduction brought about by the corresponding subsidies. The original purpose of subsidies—to encourage enterprises to use high-precision production equipment—has not failed.”

"At the same time, in this case, the amount of fraudulent compensation alleged by the prosecutor's office was calculated from the warehouse data of Adachi Information Industry Co., Ltd., not the figure directly spent by the city hall. However, the evidence in the case can show that Adachi Information Industry Co., Ltd. The price recorded in the company's warehouse data is not the sales price of Kumata Riben Machinery Co., Ltd."

"It just so happens that the subsidy amount of the Kyoto City Hall involved in the case is linked to the sales price of the Kumata Club. In the absence of verification of the price of the machines sold by the Kumata Club, the so-called fraudulent subsidy amount accused by the prosecutor's office has no basis, and the facts are unclear. The evidence Insufficient, not enough to justify the criminal amount of the suspect in this case!"

(End of this chapter)