"It's not that I don't have a heart of fairness and justice, I'm just a little lawyer, I don't have the determination to sacrifice my happiness and thousands of families, I just want to handle cases to make money, drink wine and sing songs, and live a good life, as long as I can get by on my conscience. If, I mean if, if possible, I will work in the direction of justice.

So at the beginning of my lawyer, I set a red line for myself, and I couldn't handle a case involving politics because we couldn't afford it. In cases involving gangsters, I don't care how much money I pay, because I can't bear it. ”

After speaking, Fang Yi threw the cigarette fart into the ashtray and said, "Lao Wang, you have handled few criminal cases, I just want to give you a reminder." The reality is cruel, handling a criminal case is not like handling a civil case, be careful! ”

Wang Deyou was completely silent!

The second instance of Zou Qiang's contract fraud case has been opened.

Fang Yi sat on the defense bench and listened to the judge read out the first-instance verdict. The prosecutors opposite were two female prosecutors, with straight faces and cold as ice.

Zou Qiang, who was sitting in the appellant's seat, had a shaved head and was wearing a vest from the detention center, and he had been detained for more than three months, but he was in good spirits and still had high morale, except that he looked thinner, everything was as usual.

Fang Yi had met him before and felt that he had a clear mind, quick thinking, and effortless communication.

"Next, appellant Zou Qiang will read out the appeal brief or state the reasons for appeal." The presiding judge said expressionlessly.

"I don't think my behavior is enough to commit contract fraud at all, I don't have the intention to defraud, the house is there, it is real, it's just a house and two sales, I can refund the buyer's purchase price, this is a civil ......dispute," Zou Qiang said.

"Ask the defense lawyer to give reasons for appeal." The presiding judge continued.

"The defender believes that the court of first instance found that Zou Qiang committed the crime of contract fraud, the facts are unclear and the evidence is insufficient. The appellant, Zou Qiang, did not have the purpose of illegal possession, and all the purchase money obtained by the company was used for daily operations, and was not illegally occupied or squandered by Zou Qiang. The court is requested to change the judgment in accordance with the law. Fang Yi said.

"Appellant Zou Qiang, do you have any objections to the facts and charges ascertained in the first-instance judgment?" The presiding judge said.

"There is an objection that the first-instance judgment did not specify the whereabouts of the purchase money, but only determined that the employee's second sale of the house at my behest constituted contract fraud, which I think is unclear. Also, I don't think I'm guilty of contract fraud. I did not possess and use the purchase proceeds. The purchase price has been on the company's books. Zou Qiang said.

"The prosecutor questioned the appellant about the facts ascertained in the first-instance judgment." The presiding judge said.

"Zou Qiang, when you instructed the company's employees to sell the property, did you already know that the property sold had signed a real estate sales contract and had been sold to a third party?" The inspector asked coldly.

"Yes." Zou Qiang said: "At that time, the company had difficulties in operation, and there was a shortage of funds, so I asked them to sell one house and two houses. ”

"After the sale of one house and two houses, does the company have the ability to deliver the house? Do you have any other listings for buyers? The inspector asked.

"Nope. I was thinking about ......" Zou Qiang was immediately interrupted by the prosecutor as soon as he wanted to defend himself: "Zou Qiang, you can answer whatever we ask you, don't you explain if you don't ask?" ”

"Why did you transfer the entire equity of the property to a third party after selling it?" The prosecutor didn't give Zou Qiang time to react at all, and then asked.

"This is a business problem, and I don't want to invest any more money in the future, so I transferred all the equity of the project company to a friend." Zou Qiang said.

"Presiding Judge, we're done!" The inspector said.

"Now the appellant Zou Qiang's defender will ask questions." The presiding judge said.

"Zou Qiang, where is the money from the sale of one house and two houses used?" Fang Yi asked.

"The purchase money was used to pay the company's legal fees, rent, employee salaries, and repay debts. The company has accounts to check. At the first instance, the company also provided relevant financial information. Zou Qiang said.

"What is the purpose of instructing your employees to sell two houses?" Fang Yi asked.

"At that time, there was something wrong with the company's operation and it was in urgent need of funds, so I made this decision in order to meet the emergency." Zou Qiang said.

"Have you ever thought about how to solve the problem of handing over a house with two sales?" Fang Yi then asked.

"I thought about it, the house was sold, and I could only refund the purchase price." Zou Qiang said.

"Can you afford to get a refund of the purchase price?" Fang Yi continued to ask.

"At that time, there was none, but now there is, and the company has found a funder to take over." Zou Qiang said.

"Presiding judge, the defender has finished asking." Fang Yi said.

……

"The court investigation is over, and now the court argument is open. Before the debate, the court draws the attention of the prosecution and the defense to the fact that the debate should mainly focus on the determination of the charge, sentencing and other controversial issues. The appellant is invited to defend himself. The presiding judge said.

Zou Qiang's self-defense opinion is similar to before, anyway, it is a central idea: I have no use for the purchase money, I have used it for the company, and I do not recognize the crime of contract fraud.

"Appellant Zou Qiang's defender spoke." The presiding judge said.

The defender believes that the focus of the dispute in this case is whether the defendant Zou Qiang's act of selling one house and two houses constitutes the crime of contract fraud.

The defender believes that the key to the characterization of the act of selling one house and two houses lies in whether the perpetrator subjectively has the purpose of illegal possession. Whether the perpetrator has the purpose of illegal possession needs to be determined based on facts such as the specific reasons for the actor's sale of one house and two houses, the content of the expression of true intent to hand over the house, whether the actor has the ability to adjust the delivery of the house, and the ability to repay the relevant debts.

In this case, after the defendant sold the property and obtained the purchase money, according to the financial information provided by the company in the first instance, all the purchase money was used for the company's operation and was not squandered or possessed by himself.

Moreover, the defendant has the willingness to return the purchase price and the ability to return the relevant money. Therefore, although the defendant had committed the act of selling one house and two houses, it was not sufficient to commit the crime of contract fraud because it did not have the purpose of illegal possession. Fang Yi said.

"It is now up to the Prosecutor to speak." The presiding judge flipped through the case file and said after a moment.

"The prosecutor believes that the defendant's resale of the real estate that has been sold to the victim in this case is a fictitious target property, and although the real estate actually exists, the purchase contract cannot be actually performed at all, and the defendant is aware of it, which is itself a manifestation of contract fraud.

After the sale of the first house and the second house, the defendant immediately sold all the shares because he was unable to hand over the house, hoping to escape the punishment of the law, with obvious fraudulent intent. Therefore, we believe that the first-instance judgment is correct and the sentence is appropriate, and ask the court to dismiss the appellant's claim. The inspector said.

(End of chapter)