Lawyer

Chapter 731 Why is it a scam again?

Because he went to the bank many times to withdraw money, Zhou Jiangmeng went all over several nearby agricultural banks. He was afraid of being discovered, so he went to drink with his friend Dang Manjiang after get off work and asked him to help withdraw money.

After Dang Manjiang got the passbook, he found that the name on it was not Zhou Jiangmeng, so he asked him why he took someone else's passbook to the bank to withdraw money.

Zhou Jiangmeng lied that he and Li Yuangong were poker friends. Li Yuangong lost money playing fried gold flowers and bet on him. Later, he didn’t pay the money, so he asked himself to pick it up. But recently, the company has a major inspection and he has to work overtime There is no time during the day, so I asked Dang Manjiang for help, and said that he would not let him do it for nothing.

Dang Manjiang thought that such an important thing as a bank passbook would not be handed over to others. Since Zhou Jiangmeng could get it, and there was a password, maybe Li Yuangong really asked him to get it to pay off his gambling debts.Moreover, there are not a few people who play fried gold in the local area. They are betting on big cars and houses. It is not uncommon to bet on a passbook.

So the next morning, Dang Manjiang took his passbook and went to the nearest branch of the Agricultural Bank of China to withdraw 6000 yuan in cash.In the evening, Zhou Jiangmeng came to Dang Manjiang to withdraw money, and invited him to dinner, and then gave him 3000 yuan as a reward.

A week later, Zhou Jiangmeng went to the Agricultural Bank of China twice to withdraw a total of 7 yuan in cash. At this time, there was still 220 yuan in the bank passbook.Then Zhou Jiangmeng burned Li Yuangong's passbook.

Behind his wife's back, Zhou Jiangmeng put all the money he withdrew on the top of the closet as his daily expenses.Half a month later, Li Yuangong discovered that the passbook was lost. During the process of reporting the loss, he found that most of the money in the passbook had been taken away, so he called the police.

The public security organ discovered the suspects Zhou Jiangmeng and Dang Manjiang through bank surveillance video, and then summoned them and interrogated them. Zhou Jiangmeng confessed to the withdrawal and returned all the stolen money.

In the end, the public security organ transferred Zhou Jiangmeng to the procuratorate for theft.The procuratorate then prosecuted Zhou Jiangmeng for theft.

The court of first instance held that the defendant, Zhou Jiangmeng, did not possess or control the money on the passbook when he picked up Li Yuangong’s passbook of the Agricultural Bank of China with the password. , embezzled the name of Li Yuangong, and paid 14 yuan in the passbook to the bank and took it as his own.

The defendant Zhou Jiangmeng subjectively had the purpose of illegal possession, and objectively carried out the act of stealing secrets, which constituted the crime of theft.According to Article 260 and Article No.60 of the "Criminal Law", the judgment: the defendant Zhou Jiangmeng committed the crime of theft and was sentenced to ten years in prison and a fine of 1 yuan.

After the verdict was pronounced, Zhou Jiangmeng refused to accept it and appealed to the Municipal Intermediate People's Court.

"Lawyer Fang, I asked the previous lawyer yesterday, and he also said that my brother should not be charged with theft and should not constitute a crime. He also defended it in the same way in the first instance. But the court didn't recognize it at all and ordered my brother theft.

I heard Yu Sanqiang said that you are good at criminal litigation and are an expert in this field. Do you think if my brother's case is appealed, is it possible to reduce the sentence? "Zhou Jiangyong looked at Fang Yi eagerly, waiting for his reply.

Fang Yi put down the first-instance verdict and thought for a while: "From the facts of the case, I think the court's finding that your brother's behavior constituted the crime of theft is indeed open to question. Zhou Jiangmeng did constitute a crime, but it should not constitute the crime of theft."

"Then what do you mean?" Ai Yajie showed anxiety in his eyes.

"According to the description of the case in the verdict, I think Zhou Jiangmeng constituted a crime of fraud." Fang Yi said.

"Why? The passbook was picked up by Da Meng (Zhou Jiangmeng's nickname). As soon as the police asked him, he handed over all the money. Isn't this the same as finding the money and returning it to the owner? Why is it a crime of fraud again?" Ai Yajie A look of doubts.

"The case of Zhou Jiangmeng is different from finding the money and returning it to the owner, so it cannot be understood in this way.

In this case, for the purpose of illegal possession, Zhou Jiangmeng used the method of guessing other people's passbook passwords to illegally withdraw other people's deposits. His behavior belonged to fraudulent use of other people's names to defraud the bank's trust, not "secret stealing" of the deposits in the passbook, so he should be charged with fraud. Convicted and punished.

If Zhou Jiangmeng used the method of stealing other people's passbooks to withdraw deposits, he should be convicted and punished for theft.However, judging from the circumstances of this case and the evidence on file, there is no evidence to prove that the passbook was stolen by Zhou Jiangmeng, so it cannot be convicted and sentenced for the crime of theft. "Fang Yi explained.

"Will the crime of fraud be more severe than the crime of theft?" Zhou Jiangyong was a little worried.

"This cannot be generalized, and the specific circumstances of each case are also different. Judging from the judicial interpretation, the starting point for the crime of fraud is 3000 yuan to more than 1 yuan, while the starting point for the crime of theft is 1000 yuan to more than 3000 yuan." .

To put it bluntly, for the same amount of money, under the same circumstances, the crime of theft may be punished more severely than the crime of fraud, because the starting point for the crime of theft is lower. "Fang Yi briefly introduced.

His explanation left room for the imagination of Zhou Jiangyong and the others.For ordinary people who are not legal professionals, the more explanations, the more confused the other party will be. Because the information between the two parties is asymmetric, it is often more direct and effective to communicate in vernacular or cases, and the communication efficiency is higher.

Maybe this is the so-called talking nonsense when you see people, talking nonsense to hell.In short, the lawyer's communication skills are very important.

Seeing that the two were silent, Fang Yi added: "Actually, as far as this case is concerned, Zhou Jiangmeng is a first-time offender, and he returned all the stolen money, causing no loss to the victim. He has a good attitude of pleading guilty after being brought to justice. I think he can plead less guilty. , the possibility of reducing the sentence is quite high.”

"Lawyer Fang, if my brother's case is entrusted to you, how much will the lawyer's fees cost?" Zhou Jiangyong asked after pondering for a while.

"Because I didn't handle the first trial, and the second trial requires a lot of work, so the cost will be slightly higher. The lawyer's fee is 15 yuan, and the travel expenses are calculated separately." Fang Yi replied.

The defendant in the first instance was sentenced to ten years in prison. If the sentence can be reduced, it will be a great benefit to the defendant.

"Well, let's think about it and write back to you in the next two days. Thank you, lawyer Fang." After Zhou Jiangyong finished speaking, the two left the law firm after paying the consulting fee.

"Master, will they entrust it?" Yun Qiao asked after returning to the downstairs office.

"It's hard to say. They may think that the lawyer's fee is a bit high. Let's wait and see." Fang Yi replied.

"After the first trial for ten years, the lawyer's fees for the second trial will definitely be indispensable. In this case, no lawyer will ask for less. But they have paid all the consulting fees. I think it is unlikely that they will come back." Yun Qiao tilted her head. analyzed.

Zhou Jiangyong and Ai Yajie took a taxi to the train station. While waiting for the bus, they had a dispute over whether to entrust it.

(End of this chapter)