Tokyo Barrister: Start the law firm bankruptcy

Chapter 416 Arbitrary Funds
Yanyong never thought that Beiyuan's cross-examination could be so powerful.The key to identifying Morimoto's first act of corruption is to prove to the court that the contract that Morimoto declared to Kyoto University was false.But now, according to Beiyuan, the contract is only inconsistent with the reality, and it is not a purely fabricated contract.In this way, whether Morimoto's behavior constitutes a crime has a lot of room for debate.

In criminal proceedings, the proof of facts must meet the requirements beyond reasonable doubt.

Right now, this Beiyuan has undoubtedly shaken the credibility of the prosecutor's office's evidence to some extent.

The female prosecutor beside her, Chikako, also frowned tightly, obviously finding that the current situation was extremely difficult.

Seeing this scene, Chi Shang, who had been sitting on the side of the prosecution seat, tilted his head slightly and said to Yan Yong, "Don't be fooled by this kid. Although he challenged the falsity of the contract, he couldn't deny it no matter what. The fact that Morimoto used public research funds for personal consumption and enjoyment. As long as we firmly grasp this point, the court's testimony will not be shaken by this Kitahara."

Iwanaga listened to Ikegami's slight nod, and his mind was racing about how to refute the defense lawyer's words.

However, just as the two prosecutors in the public prosecution bench were concentrating, the defense lawyer turned to the trial seat again and said, "Chief referee, now the defender will issue cross-examination opinions on the second set of evidence."

In an instant, the lawyer, like a ferocious lion, bit again at the prosecutors who hadn't reacted yet.An enormous pressure hangs over the prosecutor's seat.

"The prosecutor's office in this case identified the full amount transferred from Asai Kiko Machine Tool Co., Ltd. to Morimoto's account as so-called embezzlement funds, which is also obviously inappropriate."

Kitahara said: "First, according to the "R&D and Manufacturing Cooperation Agreement" signed between Asai Kiko Machine Tool Co., Ltd. and the Faculty of Engineering of Kyoto University, Morimoto, as a part-time employee of a production and research company, can obtain relevant research funding awards in accordance with the agreement, and on a monthly basis, Receive remuneration from the production and research enterprises. According to the agreement, the part-time personnel of the production and research enterprises can receive the total reward amount not exceeding 15% of the payment after each payment by the university according to the contract. At the same time, the amount of monthly salary is calculated separately and is not subject to payment 15% limit on payments.”

"The prosecutor's office identified all the amount received by Morimoto's account from the club as embezzlement money, confusing legitimate work income and illegal corruption. In other words, even if we admit that Morimoto did have corruption, the prosecutor's office must also put legal Income is deducted."

"The defense lawyer is confounding black and white!" Hearing this, Yan Yong immediately stood up again and raised his voice: "First, just as the prosecutor's office advocated, the contract involved in this case was fabricated by Morimoto. Under the false contract, there is no There is so-called legitimate income. All income is illicitly obtained from public research funding."

"Secondly, the funds obtained by Morimoto are not withdrawn from the production and research enterprises in the name of wages and scientific research funding awards. On the contrary, they are reimbursed through various corporate expenditures. It is different from the claims claimed by the defense lawyers. The behavior of scientific research rewards is totally inconsistent!"

Beiyuan's tone was still calm as usual, looking at the three judges on the trial bench, he said, "Chief referee. As a legal person of the National University, the review of labor remuneration for scientific research funds is extremely strict. This has led to the actual Among the scientific research, most of the scholars obtain labor remuneration in the form of reimbursement."

Beiyuan took out a few heavy booklets from behind, "Here are the previous years' reports that Kyoto University was audited by the Fourth Bureau of the General Bureau of Accounting and Inspection. to apply for labor remuneration. Of course, the audit report reiterated that these actions are violations.”

"However, although these behaviors are violations, they have not risen to the level of crimes. Because, even though these scientific researchers have illegally obtained corresponding public funds, what they claim is still their own legal labor income!"

The defense lawyer seemed to have endless ammunition to pour on the prosecutor, only to hear him continue: "At the same time, even if it exceeds Morimoto's legal income, the amount transferred to his account is not taken for granted as embezzlement. We must further track the use of its funds before we can determine whether Morimoto has the purpose of illegal possession."

In the courtroom, the young male lawyer once again showed an A4 piece of paper to the judges at the scene, "The chief judge. The defender is now showing the transfer of money from Morimoto's account. After Morimoto received the money from the club, It also transferred most of the funds to the public accounts of 46 clubs. After investigation by the defender, all of these 46 clubs are industry-research cooperative enterprises.”

"That is to say—" Beiyuan continued, "Even if the defendant Morimoto had misappropriated public funds, the funds obtained after the fraud were reinvested in other production and research enterprises. In fact, this behavior is only However, it is a common violation of university scientific research funds, not a crime. In university scientific research, due to strict funding supervision, project A has a surplus of scientific research funds, while project B has a shortage of scientific research funds. In this case In this case, for the sake of convenience, scientific research workers will also take out the scientific research funds of project A and use it for the research and development of project B."

"Although this kind of behavior violates the regulations on the use of scientific research funds, it should not be treated as a crime. The final use of the funds is still university research. Therefore, it should not be determined that Morimoto has the purpose of illegal possession."

As soon as the words fell, Yan Yong's angry voice retorted: "The defender is misleading the court again! Morimoto's behavior of transferring funds to other industry-research joint ventures must not be regarded as investing the fraudulent funds in other companies. In scientific research projects. Morimoto is just using a roundabout way to extract public research funds layer by layer to cover up the illegality of his actions. The funds transferred to other companies are once again used by Morimoto in the same way. Take it out. Therefore, what the defense attorney said was wrong!"

"If the public prosecutor insists on this opinion." In an instant, Beiyuan's expression became dark, "Then please ask the prosecutor's office to investigate the use of funds transferred to other production and research enterprises! Regarding the funds of Morimoto's first corruption act As evidence of the flow, there are only bank records between Asai Kiko Machine Tool Co., Ltd. and Morimoto.”

"According to the principle that the defendant must not incriminate himself, the burden of proof to prove that Morimoto's behavior was fraudulent lies on the public prosecutor, not the defendant!"

(End of this chapter)