Tokyo Barrister: Start the law firm bankruptcy

Chapter 415 False Contract
One evidence after another presented by the prosecutor showed Morimoto's crimes of corruption.In an instant, the researcher standing in the dock seemed to have really become a heinous sinner through the ages.Listening to the evidence presented, university executives smiled with relief.In the face of these ironclad facts, there is still room for debate.

Yan Yong sat back on the public prosecutor's seat, and looked at the other side with a contemptuous expression.

What is the right way?

This is the right way!
With indisputable factual evidence, advance steadily.

It is completely different from the so-called sophistry skills!

Yan Yong smiled, and was about to turn over the next information, and started to prove the second corruption fact of Morimoto.However, at this moment, the figure on the defense bench moved.

Bei Yuan stood up again.The nearly impeccable chain of evidence that the public prosecutor built up just now seemed to have turned into an accusation full of mistakes and omissions in his eyes.The courtroom suddenly became very quiet, and everyone couldn't help but wonder, what kind of defense could this lawyer make under such strict accusations?
Beiyuan smoothed his tie, stepped forward and said, "Now the defender is cross-examining the first set of evidence issued by the public prosecutor. The public prosecutor's allegation that the so-called contract involved in the case is false is obviously inappropriate!"

The defense lawyer's voice echoed in the courtroom, and as soon as this sentence came out, many people's eyes widened.They didn't expect that they would be so tit for tat with the prosecutor from the first sentence.

Beiyuan continued: "During the precision parts experiment of the Faculty of Engineering, because of the data debugging problem of the theoretical model, often a change in a parameter factor may require fine-tuning of some shape designs of the parts. In other words, today, maybe I declared to the university that I need to entrust a company to make a precision shaft of A size. However, after I went back tonight, I found that the theoretical model may need to be adjusted again, and maybe the precision shaft of B is needed again.”

"This phenomenon is very common in the research experiments of precision instruments. That is to say, based on the actual needs of scientific research, the precision parts applied to the university for registration may change when it is actually produced. It is a real waste of public research funding if parts are rigidly made to contracts reported to universities regardless of actual need."

"For this reason, I would like to draw the court's attention to Article 36, paragraph 2 of the contract involved." Beiyuan said, "This paragraph clearly stipulates that the model of the processed parts shall be subject to the actual determination. Therefore, both parties have actually fully understood There may be a possibility of changes to the processed parts."

"Therefore, the inability to find the processing records of the parts involved in the case does not mean that the contract involved in the case is false. We cannot conclude that the defendant Morimoto made a false contract and declared it to the university just because the actual processed parts are inconsistent with the contract. "

All of a sudden, the defense lawyer forcibly tore open a hole in the tight net that the public prosecutor had set up just now.

"In fact, through the meeting with the defendant, we further learned about the processing of the parts involved in the case. The parts contract as evidenced by the public prosecutor, in actual implementation, did need to be changed due to the adjustment of the theoretical model of the research team. Among them, the specific manufacturing parts change 34-6 shaft parts, 45-8 precision brackets, and 36-2 high-temperature-resistant frames. At the same time, the defendant Morimoto also re-created the contract, numbered A265889 to A2625901, and made a re-declaration to the Finance Department of Kyoto University. "

"Sophistry! This is sophistry!!" Hearing Beiyuan's argument, Yan Yong immediately stood up furiously, "Volume 63 of the criminal investigation volume contains the results of the on-site search of Asai Machine Tool Co., Ltd. The search transcript and Witnesses can clearly show that the company did not actually process any precision parts commissioned by the Faculty of Engineering of Kyoto University. There is no such thing as the defender’s claim that the processed parts were changed to other parts!”

"This is not a sophistry!" Beiyuan retorted forcefully: "The reason why the club has no records of precision parts processing is because the contract involved in the case is currently at a standstill, not because the contract is false!"

"Chief referee! The defender has extracted all the communication emails from Morimoto's mailbox and notarized them accordingly. The relevant materials can be submitted for the collegial panel's reference."

"The email communication clearly shows that after the parts involved in the contract processing need to be changed according to the adjustment of the model, the company has encountered difficulties in processing and production. First, the alloy stamping tool required for the material needs to be imported separately from overseas by the company. However, the production of this type of stamping machine has been basically stopped by overseas manufacturers, and it is difficult to find the source of supply. Second, the machine tool for producing 34-6 shaft parts and related precision brackets has broken down, and engineers need to be called in from overseas for maintenance. However, due to labor costs, there has been no shortage We have reached an agreement, so the maintenance matters have not yet been determined.”

"Therefore, the progress of the contract involved in the case is currently at a standstill, not false. These email communication records can instead prove that the processing activities related to precision parts are real."

Yan Yong couldn't help snorting again, "The problem is that the university has already paid for the corresponding equipment. After the payment for the equipment is completed, the defendant Morimoto will find various excuses to delay the processing and delivery of the equipment. This is his means of embezzling public funds. , not the so-called legitimate reasons!"

"The public prosecutor confused the concept of payment again." Beiyuan said holding several copies of the contract, "From the terms of the contract, we can see that the payment for the processing of the case-setting equipment is divided into advance payment, progress payment, and Settlement payment. The current payment by the university is an advance payment, and there is no progress payment in the contract. This fact of payment corresponds to the stagnation of the current contract. Unless the public prosecutor proves that the university has paid the progress payment, the current contract is stagnant The current situation cannot prove that Morimoto is looking for an excuse to delay the processing of the equipment!"

After the words fell, Kitahara took another step forward, "And, judging from the contract involved, there are still many basic facts that have not been clarified. I also have a contract signed between Asai Kiko Machine Tool Co., Ltd. and the Faculty of Engineering of Kyoto University. After graphic comparison, there is no obvious difference between the official seal used by the Ministry of Engineering and the official seal of the Ministry of Engineering involved in the case. As for the authenticity of the seal involved in the contract, a judicial appraisal should be conducted to determine whether it is indeed a forgery."

"At the same time, on top of the so-called 'forged' contract, there is the official seal of Asai Kiko Machine Tool Co., Ltd. According to the company's articles of association, the use of the seal must be approved by the legal representative. It is impossible for the president of Asai Kiko Machine Tool Co., Ltd. If the contract is not known, how could he not confirm and negotiate related matters with the research group of the Ministry of Engineering when he already knew the situation. Therefore, in this case, whether there are other people involved in the approval of the contract involved in the case should be further investigated Verify!"

The defense lawyer uttered forceful statements, slamming back against the ironclad evidence presented by the prosecutor's office in court...

(End of this chapter)