Lawyer

Chapter 776 Just an errand runner?

"It is said that he was arrested. There has already been a court session. He committed a serious crime, and the case has not yet been judged. Lawyer Fang, I was really wronged. I am only a nominal chairman and I don't know anything." Shen Mingyuan Looking at Fang Yi, his tone was firm, but a trace of struggle flashed in his eyes.

"Tomorrow morning we will go to the procuratorate to review the files. After reading the files, we will analyze your case. If your sister continues to entrust us to provide you with defense, we will come and tell you the defense plan. Do you have anything to ask us?" Tell your family?" Fang Yi didn't want to talk nonsense with him, because he found that there was something wrong with the other party's eyes, and he must be hiding something.

"No, no." Shen Mingyuan looked a little lonely.

After walking out of the detention center, in the Toyota car, Yun Qiao looked at Fang Yi who was sitting in the passenger seat: "Master, according to what Shen Mingyuan said, he and Ouyang Weilun are in a cooperative relationship and did not participate in the company's smuggling activities. The company smuggled luxury cars." , should have nothing to do with him.

But the crime of money laundering... The funds used by Ouyang Weilun to acquire the equity of the machinery factory have nothing to do with Shen Mingyuan.Shen Mingyuan just helped him find a target company..."

"Things are not as simple as you think. Shen Mingyuan has admitted to the public security organ that he has already guessed that Ouyang Weilun is engaged in smuggling, and the company has no other profitable business. So where did Ouyang Weilun acquire the equity of the machinery factory?

The police will definitely check the source of funds before confirming Shen Mingyuan's charges. If the source of funds is not confirmed, the police will not arrest Shen Mingyuan for money laundering, so there will be relevant evidence in the case file.Let's talk about it after we mark the paper. "Fang Yi replied.

"Well, yes, if you accuse Shen Mingyuan of money laundering, the source of the funds must be resolved first, and there will definitely be relevant evidence in the case file." Yun Qiao nodded and replied.

Two days later, Shen Mingzhen came to the law firm again and met Fang Yi in the conference room.

"Lawyer Fang, according to your statement, my brother will definitely be sentenced?" Shen Mingzhen's eyes flashed, and a look of surprise appeared on his face: "But my brother is not from their company, he is just an errand runner, so it is impossible to know The funds used by the other party are money earned from smuggling."

"According to the evidence on file, the funds for Ouyang Weilun's acquisition of the machinery factory were indeed earned by smuggling. Although judging from the existing evidence, your brother Shen Mingyuan only speculates that the other party's funds came from smuggling, which is not very certain, but from his It can be seen from the confession that he knew some things.

After Ouyang Weilun bought the machinery factory, in addition to paying him a lot of money, he was also appointed as the chairman, offered him a high salary, and presented him with a luxury car.If it was a normal business, would Shen Mingyuan get so many benefits?Obviously no.

If Shen Mingyuan only helped Ouyang Weilun find acquisition targets and received a labor fee, this would not constitute a crime of money laundering, but he knew a lot and worked in the machinery factory after the acquisition, which benefited him.

Therefore, the court is likely to think that he was entrusted to find bidders for Ouyang Weilun and help Ouyang Weilun cover up and hide his illegal income, knowing that the other party's source of funds was questionable, for the sake of profit.

Judging from the existing evidence, it is not very favorable for Shen Mingyuan. After Fang Yi finished speaking, he looked at Shen Mingzhen.

"You said just now that my brother 'knew' that there was a problem with the source of the funds, but my brother didn't know it. He just speculated and guessed. Does this also constitute a crime of money laundering?" Shen Mingzhen looked at Fang Yi suspiciously.

Fang Yi pondered for a while and explained: "According to Article 191 of the Criminal Law and Article [-] of the Criminal Law Amendment ([-]), subjective knowledge is a prerequisite for establishing the crime of money laundering.

But your understanding of "knowledge" is not the same as the standard of "knowledge" recognized by the judiciary.

Knowing clearly is not equal to knowing with certainty. Although there are differences in degrees between certainty and possibility, both will be included in the category of knowing by the judiciary.

As long as it is proved that the actor really knew at the time or based on the facts, it is sufficient to presume that the property handled by the actor is stolen money obtained by crime (D product crime, H social organization crime, K terrorist activity crime, smuggling crime, embezzlement and bribery crime, etc.) Disruption of financial management order crimes, financial fraud crimes and the possibility of the proceeds) can be established knowingly.

In this case, your brother guessed that the funds used by the other party to purchase the equity were smuggled, but in fact Ouyang Weilun obtained it by smuggling.

Moreover, Ouyang Weilun asked your brother to participate in the entire transaction of the acquisition project, and paid the equity transfer payment in four installments. The most important thing is that most of the equity transfer funds are in cash, and after the transaction, your brother received the benefit fee and A BMW, and a job that pays well.

Based on the above circumstances, the court is very likely to find that he knew the source of the transaction funds. "

"Then... do you have any good suggestions?" Shen Mingzhen pondered for a moment, a trace of panic flashed in her eyes.

"Judging from the current situation, I think that although your brother may have committed the crime of money laundering, he is an accessory and played an auxiliary role in the entire money laundering process. We can defend him as a minor crime." Fang Yi replied.

"How many years will I be sentenced to?" Shen Mingzhen asked.

"It's hard to say. We can suggest that the court sentence him to six months in prison. But the court's decision will prevail in the end." Fang Yi said.

"Well, if my brother's case is entrusted to you, how much will it cost?" Shen Mingzhen asked after hesitating for a moment.

After some bargaining, the two sides finally set the lawyer's fee at 6 yuan.Shen Mingzhen signed the entrustment procedure again, paid the lawyer's fee, and left the law firm.

After Fang Yi returned to the office, Yun Qiao followed.

"Master, you said that Shen Mingyuan was accused of money laundering, but what about Ouyang Weilun? Why isn't Ouyang Weilun the defendant in this case?" Yun Qiao tilted her head, holding the case file and looking at Fang Yi.

"This is a bit complicated to say, sit down." While talking, Fang Yi sat on the sofa, took a sip of tea, and looked at Yun Qiao.

Yun Qiao sat on the sofa opposite Fang Yi, staring wide-eyed, waiting for Fang Yi's explanation.

"In judicial practice, those natural persons or companies who engage in crimes such as upstream smuggling and downstream money laundering are generally dealt with as absorbing criminals, and only the criminal responsibility for the upstream crime (felony) will be investigated, and the crime of money laundering (misdemeanor) will not be investigated. crime) criminal responsibility.

However, international conventions and many foreign criminal legislation are different from ours. People may think that this kind of crime is very serious and requires a heavy sentence. In short, that is not what we consider. "Fang Yi finished speaking and looked at Yun Qiao.

The latter blinked and listened quietly.

　There are three updates today, and there will be an update tomorrow, and there will be an update tomorrow.

　　
　
(End of this chapter)