Lawyer

Chapter 736
"Second, the passbook is Li Yuangong's lost property rather than a forgotten one, and the appellant Zhou Jiangmeng's behavior does not fall under the circumstance of illegally taking other people's forgotten things as his own as stipulated in the second paragraph of Article 270 of the Criminal Law.

Lost items are different from forgotten items. Forgotten items are properties that the owner of the item should have carried but did not take away due to forgetting. The owner of the item can usually recall the specific location where the item was forgotten, and the forgotten item is separated from the owner of the item. The time is generally short, and the owner of the object will go back to find it soon.For example, belongings left in taxis when going out to "take a taxi" are forgotten objects.

Lost property is the property lost by the owner. Generally, the lost time is relatively long. The owner generally does not know who picked up the item, and the person who found it does not know or find the owner of the property.

In general, the owner of an object has less control over a lost object than a forgotten object.The perpetrator's occupation of the lost property is relatively less serious than the occupation of the forgotten property in terms of subjective malignancy, and the criminal responsibility of the occupation of the lost property as the occupation of the forgotten property is inconsistent with the essence of the principle of legally prescribed punishment for a crime.

Third, after the appellant Zhou Jiangmeng was summoned to the public security organ, he admitted the fact that he defrauded Li Yuangong of bank deposits and returned all the stolen money. His behavior did not meet the requirement of 'refusal to hand over' for the crime of embezzlement.

To sum up, the appellant Zhou Jiangmeng's behavior did not meet the constituent elements of the crime of embezzlement. The passbook is a lost item, not a forgotten item. Zhou Jiangmeng should constitute a crime of fraud.complete. "Fang Yi replied.

Yun Qiao, who was sitting on the defense bench, looked at her master in surprise. She never expected that Fang Yi could still be so good at spraying when she was out of the script.And it makes sense to you.It seems that Master's Juris Doctor degree is not obtained by licking, but has real skills!

……

After a 10-minute adjournment, the presiding judge pronounced the sentence in court.

The Intermediate People's Court held that: after the appellant Zhou Jiangmeng obtained the passbook, he used deceitful means to conceal the truth to occupy other people's property for the purpose of illegal possession.

Defendant Zhou Jiangmeng took possession of lost items rather than forgotten items, and he admitted the facts after being interrogated by the public security organ and returned the stolen money. His behavior did not meet the constituent elements of the crime of embezzlement, so the prosecutor’s opinion in court was untenable and should not be accepted.

The defendant, Zhou Jiangmeng, was a first-time offender and an occasional offender. All the stolen money was recovered after the incident.The original judgment found the facts to be clear, the evidence was reliable and sufficient, and the trial procedure was legal, but the law was wrongly applied. The final judgment is as follows:
[-]. To revoke the criminal judgment of the court of first instance;

1. The appellant, Zhou Jiangmeng, committed fraud and was sentenced to three years in prison, suspended for four years, and fined [-] yuan.

After the verdict was pronounced, for a moment, Zhou Jiangmeng thought that there was something wrong with his ears and he had heard it wrong.The first-instance court sentenced him to ten years in prison, but the second-instance court actually changed the sentence to probation, so he didn't have to go to jail.This made Zhou Jiangmeng feel like weeping with joy.

Zhou Jiangyong, who was in the auditorium, secretly said: Wocao, as expected, there is a reason why you are expensive. If you make a move, you will be probation. It is really not a matter of saving money to file a criminal lawsuit. You must find a professional.

Ai Yajie, who was sitting next to Zhou Jiangyong, was also surprised. She didn't expect Fang Yi to be so good at spraying, that he turned a ten-year prison sentence into a probation...

"Brother, what is probation?" After being surprised, Ai Yajie looked at Zhou Jiangyong in a daze.

"Probation..., my buddy was sentenced to probation before. It seems that people don't have to go to prison, but they have to report to the police station regularly. Now it seems that they have to report to the community." Zhou Jiangyong thought about it and explained.

Ai Yajie nodded. It seems that Plan B is no longer needed, which is a good thing.

Originally, Fang Yi thought that the best outcome of this case would be that the Intermediate Court sentenced Zhou Jiangmeng to three or four years in prison, but he did not expect that the court would directly sentence Zhou Jiangmeng to three or four years, which was much better than expected.

After the verdict was pronounced, Zhou Jiangmeng was taken away by the judicial police and had to go back to the detention center to complete the formalities.Zhou Jiangyong and Ai Yajie met Fang Yi and Yun Qiao in the corridor outside the court.

"Lawyer Fang, I booked a private room for lunch, and you must eat this meal." Zhou Jiangyong said gratefully.

"Yes, Lawyer Fang, you are really great. I invite you to this meal, and I must choose the best." Ai Yajie said excitedly.

Zhou Jiangyong glanced at his younger siblings, and thought: This old lady is usually so picky, how come she suddenly became generous.He was right when he thought about it again. The second child didn't need to go to jail, so the family would be saved. Of course, she had to thank the lawyer.

……

In the investment company, in the office of the legal department, Mr. Zhao just smashed his favorite crystal teacup into pieces. His assistant ran in after hearing the movement, and saw Mr. Zhao, who was panting with anger, and a pile of crystal fragments .

"Mr. Zhao..." The assistant looked at him in a daze.

"Old Zhao, why are you doing this?" Vice President Li from the legal department walked in, frowned when he saw the crystal shards on the ground, waved his assistant out of the office, and then closed the door.

Vice President Li and President Zhao are in the legal department. Although the relationship between the two is average, they are consistent in internal fighting.

"This is too bullying. The investment department is a bunch of veterans. They will fight among themselves all day long. One project loses the other. They can't handle Lao Mi, let us take the blame, what the hell is this! "Mr. Zhao said angrily.

"Old Zhao, calm down, don't you see the current situation of the company? The boss is eager to take over the equity of the pharmaceutical company that Lao Mi holds, and make a deal with the pharmaceutical company that is going to go public.

If this can be done, the company will be brought back to life, and there will be a chance to get on the big ship of a listed company and make a fortune. If it can't be done, you and I don't know how many years we can do it.Don't take it too seriously, the boss is also betting! "Vice President Li advised in a low voice.

"You didn't see the virtue of the old fried dough stick in today's meeting. In front of the boss, he opened his mouth and shut up and said that our legal department made things difficult for him, as if we deliberately made things difficult for him and had a grudge against him.

It’s not like you haven’t seen the contract. Once it’s signed, all the non-competition agreements and intellectual property agreements we signed with Lao Mi before will be abolished. We won’t have any control over Lao Mi in the future. He can turn around and set up another company. Compete with us with a similar recipe. "I have to say that Mr. Zhao still has a strong sense of responsibility and is very dedicated, but he met a bunch of pig teammates.

"Old Zhao, you have to think this way. The boss wants to exchange the shares of the pharmaceutical company with the senior executives of that pharmaceutical company. Once the shares are exchanged, the pharmaceutical company will not be ours. You care about him.

We just work, and we can't help but be exhausted and useless. Why are the guys in the investment department so popular? It's not because they have got the boss's pulse, otherwise they would have dismissed get out of class long ago. "

After finishing speaking, Vice President Li looked at President Zhao, and then advised: "Listen to me, it's fine for us to fulfill the necessary reminder obligations. If something really happens in the future, the boss can't find us, so we have done everything we should do." .”

Okay, the whole company is thinking about how to get rid of responsibility. It's no wonder that such a company can be good.

(End of this chapter)