Chapter 375: The June Case (Part II)
Wang Chuan replied: "I have saved money a few times before to avoid taxes, and I have helped me deal with it in June. I think Xian Qian is illegal, and it is also illegal to deal with Blaze's finances, and June knows that he has done a lot of illegal things. I don't think you really care about helping me deal with my Blaze account. The nature of what she did was similar, and she used illegal financial channels abroad to make money. ”
Nine-Tails asked keenly: "Did you provide the money channel or did she provide it?"
Wang Chuan replied: "June said that a relative helped people avoid taxes in a certain country, and the previous tax avoidance was handled by the channels provided by June's relatives. The Flame side is the channel provided by the Flames. ”
Nine-Tails: "In other words, the reason June made you trust was because she helped you with money at her previous job. You don't think she's a good girl. ”
This problem is Cao Yun's headache, the flame has long been aimed at Wang Chuan, and June is the person who naturalizes Wang Chuan, and slowly drags Wang Chuan into the water.
"Against. Cao Yun said: "I know this matter very well, June is indeed helping relatives pull Wang Chuan's business, the whole thing June is completely on the basis of helping relatives, by the way to solve the boss's worries, it's normal." This behavior and the blazing behavior are two completely different concepts. We're talking about flames, not money. ”
Cao Yun said: "Although Blaze was not recognized as a criminal gang before, it was because it did not arrest important members and lacked legal recognition standards. Blaze actually did a lot of bad things, and there's a video to prove it. The judge is experienced and should know that there is no psychological barrier to let the thief steal. But letting a thief kill someone is completely different. Just because a thief has a history of theft does not mean that he has the guts to kill. Xian Qian and Flame are two completely different concepts. ”
The loss of the nine tails is that she didn't expect June to be the main culprit, and it was she who slowly pulled Wang Chuan into the water. Unexpectedly, it is difficult to refute Cao Yun's theory of thief murder. In fact, as Cao Yun said, the thief is a criminal, but it does not mean that he has no psychological barrier to killing. It's two different things entirely.
The judge ruled on this issue, saying: "The defendant's help to Wang Chuanxian Qian is not directly related to this case, and it is recommended that the prosecution prosecute in a separate case." ”
Sue your sister, Wang Chuandu is stained, how can he go abroad to collect evidence? Even if he is finally convicted of assisting Xian Qian in June, there will not be much prison sentence. What is the significance of prosecuting in another case? If June purely helped his relatives and did not take a cut himself, the crime may not be established.
The first goal of the defense's argument was to confirm in the trial that June was passively involved in the Flames Finances.
How can we present evidence? Here we need the strong support of subjective and circumstantial evidence.
I didn't see a turtle break out of its shell, but if a newborn turtle has a broken eggshell next to it, then I assume that the turtle was born from this eggshell. Conditions: No other eggshells nearby, no other baby turtles nearby, turtles are newborn. By proving these three points, circumstantial evidence can be transformed into probable evidence.
......
When there was a light confrontation with the control seat or no confrontation, Cao Yun returned to his assistant position. The head lawyer, Wei Jun, stood up, took a deep breath, took the materials, and walked out of the defense seat. She memorized the material, but lacked confidence and security, and holding it in her hand gave her some peace of mind.
Wei Jun looked at the witness Wang Chuan: "Witness, when did June become your personal assistant, or when did he work for you?"
Wang Chuan: "Last July, I met June in Melbourne. She had a foot injury at the time......"
Cao Yun: "Please witnesses, don't waste everyone's time." "You can't go into details, otherwise the prosecution will suspect that June intended to contact Wang.
After meeting June, he heard that June was going back to Dongtang to look for a job after graduating from university, so Wang Chuan introduced his company. A month later, in June, he reported to the human resources department of Wang's Media Group and was placed in an administrative assistant position. An administrative assistant is essentially a clerk who does odd jobs. June met Wang Chuan twice, Wang Chuan chatted with June and thought this girl was good, it happened that Wang Chuan's administrative secretary gave birth to a child, Wang Chuan was not satisfied with the secretary assigned by the administrative department, so he asked June to transfer to the administrative secretary.
Wang Chuan was very satisfied with June's work, and the administrative secretary was soon transferred to a private secretary. The work of a private secretary is to handle work matters for Wang Chuan, arrange itineraries, receive customers, etc. Finally, eight months ago, June officially became Wang Chuan's personal assistant. The personal assistant should not only be in charge of Wang Chuan's official affairs, but also Wang Chuan's private affairs. It seems that there are only a few words that have changed back and forth, but in fact, the work content of each professional position is very different.
Wei Jun's pace was obviously slower, and he asked: "That is to say, I joined your company for a year and a half in June, from administrative assistant to administrative secretary, then promoted to private secretary, and finally personal assistant." ”
Wang Chuan nodded: "Yes." ”
Wei Jun asked, "May I ask what is her salary?"
Wang Chuan was stunned: "I don't know this very well. ”
Wei Jun said: "I have a salary list of your company here, do you see it?" The salary of an administrative assistant in June is 7,000 yuan, and the salary after becoming an administrative secretary is 23,000 yuan, which is a relatively high salary, and I think it is also the reason why the personnel department considers that June is a full-time secretary for witnesses. After becoming a private secretary in June, his salary was raised to 48,000 yuan, and he enjoyed three times the basic bonus, which was about 70,000 yuan a month on average. This salary seems too high? Your company's department heads and managers only earn 70,000 yuan a month, and they only have 2.5 times the bonus. Only department heads and managers, vice presidents enjoy triple bonuses. ”
Wang Chuan glanced at June and said, "She is very capable." ”
Wei Jun: "This salary has nothing to do with Xian Qian?"
Wang Chuan replied: "It has nothing to do." ”
Wei Jun nodded: "Finally, there is the personal assistant, the personal assistant cancels the bonus, and the salary has not changed, 70,000 a month." According to the records of the tax authorities, after becoming a personal assistant in June, the monthly income is about 200,000 yuan. ”
Wang Chuan nodded: "I explained to the Ministry of Personnel that according to 200,000 rounds, the insufficient part will be recorded in my account." ”
The salary is not high if the boss wants to give it high, the boss must take into account the opinions of other people, as well as the company's financial system. The monthly salary of 70,000 yuan in June is already very high, and there are many bad comments in the company. But Wang Chuan thought that June's work was very good, not only handling his own business, but also helping to take care of his family, so he advanced money to pay June's salary.
Wei Jun asked: "When you give a monthly salary of 200,000 yuan, does it have anything to do with Xian Qian?"
Wang Chuan replied: "No, I am a person who takes money very lightly. June is someone close to me who has helped me a lot, and I can't owe her. As for Xian Qian, it's another matter. ”
Wei Jun: "Can I understand it this way, helping Xian Qian in June didn't give him a salary increase." ”
Wang Chuan nodded: "So to speak." ”
Wei Jun: "June helped you deal with Blaze Finances, did you get a salary increase because of this?"
Wang Chuan shook his head: "No, but it's ......"
Wei Jun: "Thank you"
"Objection, but what to ask the witnesses to explain. "Nine-Tails objected.
"The objection is established," the witness continued. "The judge is directly nine-tailed this time.
Wang preached: "Because the matter of Xian Qian and Flame has brought our relationship further. I will also bring some gifts for her when I go abroad, and there is nothing else. ”
Wei Jun: "Emotionally, it's not directly related to work, right?"
Wang Chuan nodded: "So to speak." My wife is not a good wife and mother, and with the help of June, the family began to be organized. My wife and kids love Sister June. ”
Wei Jun asked, "Do you have a relationship with June that goes beyond work?"
Wang Chuan immediately denied it: "How is it possible? Let me tell you, but all men who have a successful career can clearly distinguish between public and private. I would never do anything to my best personal assistant. Even if I wanted to find a woman, I wouldn't be looking for any employee at Wong's Media. I may not be a good person, but I am not Sun Di, please don't insult me. ”
Wei Jun: "I'm sorry. You have just heard from the witnesses that the witnesses have trust and affection for the defendant who is not male or female. However, we also found that the defendant did not derive any actual financial benefit from helping Xian Qian to dispose of the Flame account. The witness trusted the defendant, not because of the money and the flames, but because the defendant was a very good personal assistant. ”
Wei Jun said: "Now it is obvious that the defendant is only helping witnesses as a conscientious personal assistant and performing his duties as a personal assistant. There was no subjective idea of assisting the flames, and the defendant was unaware of the status of the witnesses in the flames. The defendant never volunteered to help Blaze with anything. The defendant was just helping her boss with things. Just ask, if a boss asks a personal assistant to send 'Du Ping', is he guilty after the unwitting personal assistant is arrested?"
"Objected, the defendant knew that Wang Chuan and Flame were connected, but he didn't know Wang Chuan's position in Flame. It has nothing to do with sending Du Ping. ”
Cao Yun regretted that Wei Jun's pace was too slow. Wei Jun is talking while thinking, and those who listen can naturally think while listening. This kind of muddy and replacement concept needs a series of cannons at a critical moment, first come to a big goose egg to repair the plank road, and then secretly change the concept to secretly cross Chen Cang.
was caught by the nine-tails and caught the little tail, Wei Jun panicked.
Cao Yun stood up and said: "The prosecution should pay attention to one important point, the personal assistant in the example knows the harm of Du Ping, and the real June is the defendant, and she does not know the harm of the flames. The nature of the defendant is similar to that of the crew on the Seal and Sea Lion cruise ships. These people could guess or hear that chartered boats had something to do with the flames, but they didn't ask or discuss it. ”
Nine-tails disagreed: "The staff on the cruise ship are paid by the cruise ship, and the cruise company leases the cruise ship under the legal situation of Blaze Company." Note that Flame XX Company is legitimate, but the Flame Court is suspected of a number of vicious crimes that are determined by the nature of the police's filing. Now that we have identified the Flame Gang, we have also identified the Flame Company as the Flame Gang. Please don't swap the concepts of the two. Further, the Flame Finances handled by the defendant were important to the operation of the Flame Gang. ”
This woman also has a rhythm. Cao Yun said: "Please don't digress from the topic, the question we are arguing now in court is: whether the defendant actively participated in the flame crime." Before the trial, the prosecution's prosecutor Nine-tails also said that she was reluctant to leave Mingtang, but because there was an order, she came. This is a manifestation of one's obedience to the orders of one's superiors against one's own will. We insist that the defendant only subjectively helped the witness Wang Chuan's thoughts and actions, and did not subjectively help the operation of the flames. ”
Wei Jun has returned to the defense seat, and the trial against her is still relatively weak.
Nine-Tails didn't answer Cao Yun's words immediately, she knew Cao Yun's intentions very well. As long as he disagrees with what Cao Yun said, Cao Yun will continue to analyze this issue, and Cao Yun will not leave this topic until the final judge makes a determination. So the Nine-Tails just took the rhythm, to change whether June subjectively helped Blaze to June's behavior to help Blaze. Cao Yun was not a fuel-efficient lamp, and immediately twisted it back. He doesn't discuss with the Nine-Tails whether June played a major role in the operation of the Blaze.
Can you let this go and admit that June didn't help Blaze's mind...... It is absolutely impossible, once this is determined in the trial, the winning rate of Cao Yun's side will reach sixty percent.
Usually the subjective idea is that there is no direct evidence unless there is a confession. For example, late one night, a man followed a woman, and the woman looked for an opportunity to ask the patrol police for help, and the man was arrested. At this time, the man is innocent in his behavior, and he can explain that he is walking, that he is in a bad mood, that he is passing by, etc. His motivation for following the woman was his subjective thoughts. Of course, ordinary people generally can't withstand the interrogation of the police, and they have not experienced the atmosphere of interrogation, once the man admits that he is looking for an opportunity to rob, then it is an attempted robbery.
Some people say, "I just want to think about how I tried to do it, because the man's act of following the woman is no longer a thought, but one of the actual steps of the robbery." The man may say that he wants to rob but doesn't dare to rob, and he is very hesitant. It was still an attempted robbery.
June's confession did not include the idea that she would offer to help Blaze, which was a big advantage for the defense. This issue also requires the prosecution and defense to provide circumstantial evidence to present their own points. The prosecution was careless, but he didn't expect that it was Cao Yun who was the main lawsuit, and the prosecution refuted June's subjective circumstantial evidence very inadequately, and it can almost be said that there was none. The Nine-Tails can only look for flaws in the circumstantial evidence provided by the defense.
The most important witness is Wang Chuan, who has already expressed his feelings and tendencies, and he has also received hints from the defense seat. It is impossible to judge whether this thing is lying subjectively, and Wang Chuan also has the intention to help June, so the first phase of the trial is becoming more and more unfavorable to the prosecution.
Under the questioning of the Nine-Tails, Wang Chuan denied that June had taken the initiative to talk to him about the Flame account. Whenever it comes to the Flame Account, June replaces it with 'over there'. For example: the money over there is already in place. June never asked what the money was for. The two of them are not necessary, and they never discuss related matters. Wang Chuan praised June by the way, saying that June was very tight.
Faced with an unfavorable situation, the Nine-Tails was a little difficult to parry.