Lawyer

Chapter 840
Before going abroad, Geng Zhifan's younger brother, Geng Zhixuan, was in charge of visa consultation for an overseas study agency in this province. At the time of the incident, Geng Zhixuan was preparing for YM procedures and was going to Bangzi Country to reunite with his brother.

During this process, Geng Zhixuan discovered that the company's visa business had many loopholes, so he wanted to make a fortune before going out.So without resigning, he secretly used his girlfriend's ID card to set up a company called Bright Future, and then transferred part of the company's visa business to his own Bright Future company.

Subsequently, Geng Zhixuan signed a "Consultant Agreement" with 12 people in the name of Bright Future Company to provide clients with visa services for going abroad, and charged a total of 38 yuan in visa fees in the name of Bright Future.

However, Geng Zhixuan actually did not apply for visas for the above-mentioned personnel to go abroad, and all the money was used to pay the rent of Bright Future Company, return the arrears, or squander.

Afterwards, Geng Zhixuan fled to Bangzi Country, and later obtained the nationality of that country.After entering China at the beginning of this year, he was arrested by the police and brought to justice.

The intermediate court held that the defendant, Geng Zhixuan, for the purpose of illegal possession, fabricated facts and defrauded others of money, and his behavior constituted the crime of fraud.

The amount of fraud is particularly huge and the circumstances are serious.In accordance with the provisions of Article 266, Article 12, Article No.30, Article 60 of No.[-], and Article [-] of No.[-] of the Criminal Law, the judgment is as follows:

11. The defendant, Geng Zhixuan, committed fraud and was sentenced to 30 years in prison, a fine of RMB [-], and deportation.

[-]. Continue to recover the stolen money obtained by Geng Zhixuan's fraud and return it according to law.

After the verdict was pronounced in the first instance, Geng Zhixuan refused to accept it and filed an appeal.The court of second instance was the Provincial High Court, so Geng Zhixuan's brother Geng Zhifan came to the location of the Provincial High Court, intending to entrust a local lawyer to represent his brother's case.

Geng Zhifan is an investor and also has investments in this city, so he knows a lot of local businessmen. Geng Zhifan found a few old friends in this city. After being recommended by friends, Geng Zhifan met four lawyers in a row in the past two days. The fourth lawyer he saw.

"Mr. Geng, although your brother and the defense lawyer defended innocence in the first trial, judging from the circumstances of the case, your brother must have committed a crime, but it should be a unit crime, and it should be a contract fraud... I think This case still has a chance.

But the chance I'm talking about is not the chance of innocence, but the chance of pleading less guilty. "Fang Yi said bluntly.

"Oh? What's the difference between the crime of contract fraud you mentioned and the crime of fraud imposed by the court?" Geng Zhifan looked at Fang Yi suspiciously. In his opinion, they were all frauds, but the names were different.

"Let me explain to you roughly that there is a principle of graduating from the old and mitigating in the Criminal Law. Your brother's case happened before the reunification of HK, and this time point also happened to be the time point when the Criminal Law was revised. So your brother's case has A question of whether the new law or the old law applies.

《最高人民法院、最高人民检察院关于办理诈骗刑事案件具体应用法律若干问题的解释》（2011年4月8日起施行）的规定：诈骗公私财物价值3000元至1万元以上和3万元至10万元以上、50万元以上的，应当分别认定为刑法266条规定的‘数额较大’与‘数额巨大’、‘数额特别巨大’。

According to the implementation rules of the province's "Guiding Opinions on Sentencing of Common Crimes", the sentencing starting point and benchmark penalty for statutory penalties ranging from three years to ten years of fixed-term imprisonment (1) Defrauding public and private property, and the amount of crimes reaching the threshold of "huge amount"7 ten thousand yuan.The sentencing starting point and benchmark penalty of fixed-term imprisonment of more than 1 years, (50) defrauding public and private property, and the amount of the crime reaches the starting point of "a particularly huge amount" of [-] yuan.

According to the above regulations, the amount of fraud committed by your brother should be huge, and the sentence should be between three and ten years in prison. "Fang Yi explained.

"Then why was my younger brother sentenced to 11 years? Isn't this a violation of the law?" Geng Zhifan was a little confused. Since there are clear legal provisions, why did the court impose such a sentence.

"This is because the provisions of the criminal law in [-] are different from the current criminal law, and your brother's case happened before the law was amended in [-], but your brother was tried after the law was amended.

According to Article 152 of the Criminal Law of [-], whoever defrauds a huge amount of public or private property shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years. .

According to the provisions of Article 1996 of the "Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Fraud Cases" (151), according to the provisions of Articles 152 and 2000 of the "Criminal Law", if the amount of public or private property is defrauded, it constitutes fraud. crime.If an individual defrauds public or private property of more than 3 yuan, it is a "large amount"; if an individual defrauds public or private property of more than 20 yuan, it is a "huge amount".Individuals who defraud public and private property of more than [-] yuan are considered to be fraudulent and the amount is particularly huge.

Your brother cheated more than 30 yuan, so the court determined that the amount of fraud was particularly huge.

In my opinion, the court of first instance made mistakes in applying the criminal law, which is why your brother was sentenced to a particularly large amount of crime, and your brother was sentenced to 11 years. "

"Oh, that's what happened. I went to attend the trial.

Although my brother does not think his behavior is a crime, he does not deny the collection of money.So I see what you mean.My brother must have committed a crime. If the sentence can be reduced, I will be very grateful. "Geng Zhifan replied with firm eyes.

"Mr. Geng, to be honest, we did not handle the first trial of your brother's case, so the workload of the second trial will be heavy. In addition, you asked Attorney Fang to take charge of your brother's case, so the lawyer's fee will be relatively high." Xie Youhe met The other party had the intention to entrust, so he interjected.

"Well, I understand this. My brother's case was handled by my company's legal adviser before, and he also told me some things about it.

If the case is entrusted to the party's lawyer, how much is the lawyer's fee? After Geng Zhifan finished speaking, he looked at Fang Yi.

The legal consultant of Geng Zhifan's company is also an old lawyer. The reason for asking him to change the lawyer's fee is to let Geng Zhifan continue to entrust him to handle the second trial.

However, Geng Zhifan felt that he did not do well in the first trial, so he blindly accommodated his younger brother, following his own ideas, and failed to play his due role as a lawyer. In the end, his younger brother was sentenced to 11 years in prison.

In fact, Geng Zhifan didn't think about it, why the lawyer defended in such a way that he couldn't slap a slap, there were reasons for the lawyer, and there was also a reason for his brother not pleading guilty.

(End of this chapter)