"Second, the passbook is Li Yuanhui's lost property and not forgotten property, and appellant Zhou Jiangmeng's conduct does not fall under the circumstances of illegally taking possession of others' forgotten property as provided for in paragraph 2 of Article 270 of the Criminal Law.

Lost property is different from forgotten property, forgotten thing is the owner of the thing should have carried, because the owner of the property was not taken away because of forgetting, the owner of the thing can usually recall the specific location of the property forgotten, and the owner of the forgotten thing is generally shorter, and the owner of the object will quickly go back to find it. For example, when you go out to take a taxi, you forget your belongings in a taxi.

Lost property is the property lost by the owner, and the lost property is generally lost for a long time, and the owner generally does not know who picked up the item, and the person who found it does not know or it is difficult to find the owner of the property.

In general, the owner of an object has less control over a lost item than a forgotten item. The perpetrator's misappropriation of lost property is relatively less subjective and vicious than the misappropriation of forgotten property, and pursuing criminal responsibility for misappropriation of lost property as misappropriation of forgotten property is inconsistent with the essence of the principle of legality of crimes.

Third, after the appellant Zhou Jiangmeng was summoned to the public security organ, he admitted the fact that he had fraudulently obtained Li Yuanhui's bank deposits and returned all the stolen money, which was inconsistent with the elements of the crime of embezzlement, 'refusal to hand over'.

To sum up, the appellant Zhou Jiangmeng's conduct did not meet the constitutive elements of the crime of embezzlement, and the passbook was a lost property, not a forgotten property, and Zhou Jiangmeng should constitute the crime of fraud. Complete. Fang Yi responded.

Yun Qiao, who was sitting on the defense bench, looked at the master in surprise, she didn't expect that Fang Yi would be so able to spray when she was out of script. And it makes sense to you. It seems that Master's Juris Doctor degree is not licked, there is real kung fu!

……

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

The Intermediate People's Court held that after the appellant Zhou Jiangmeng obtained the passbook, he took possession of other people's property by deceptive means to conceal the truth for the purpose of illegal possession, and the nature of his conduct was fraud rather than theft, and the amount of fraud was huge, and his behavior constituted the crime of fraud.

Defendant Zhou Jiangmeng was in possession of the lost property but forgot the property, and after interrogation by the public security organs, he admitted the facts and returned the stolen money, and his conduct did not conform to the constitutive elements of the crime of embezzlement, so the procurator's opinion on appearing in court was not established and was not adopted.

Defendant Zhou Jiangmeng was a first-time offender and an occasional offender, and all the stolen money was recovered after the case was discovered, and after he was brought into the case, he had a better attitude in admitting guilt, and may be given a lighter punishment at his discretion. The original judgment found that the facts were clear, the evidence was credible and sufficient, and the trial procedures were lawful, but the law was erroneously applied, and the final judgment is as follows:

1. Revoke the criminal judgment of the court of first instance;

2. Appellant Zhou Jiang committed the crime of fraud and was sentenced to three years' imprisonment, suspended for four years, and fined 10,000 yuan.

After the verdict was announced, there was a moment when Zhou Jiangmeng thought that there was something wrong with his ears and he heard it wrong. The court of first instance sentenced him to 10 years in prison, but the sentence in the second instance was actually commuted to a suspended sentence and he did not need to go to prison. This made Zhou Jiangmeng feel like he was crying with joy.

Zhou Jiangyong, who was in the auditorium, said secretly: Wocao, it is really expensive, as soon as you make a move, it is a suspended sentence, and it is really not a money-saving thing to fight 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 able to spray, and actually sprayed a ten-year sentence in prison into a suspended sentence......

"Big brother, what is probation?" After being surprised, Ai Yajie looked at Zhou Jiangyong with a confused expression.

"Probation ......, I had a buddy who was sentenced to probation before, it seems that people don't have to go to jail, but they have to report to the police station regularly, and now it seems that they have to report to the community instead." Zhou Jiangyong thought for a while and explained.

Ai Yajie nodded, it seems that Plan B is not needed, which is a good thing.

Originally, Fang Yi felt that the best result of this case was that the Intermediate People's Court sentenced Zhou Jiangmeng to three or four years in prison, but he didn't expect the court to directly sentence him to three suspended sentences and four suspended sentences, which was much better than expected.

After the verdict was announced, Zhou Jiangmeng was taken away by the bailiff and had to go back to the detention center to go through the formalities. Zhou Jiangyong and Ai Yajie met Fang Yi and Yun Qiao in the corridor outside the courtroom.

"Lawyer Fang, I booked a private room at noon, and you have to eat this meal." Zhou Jiangyong said with a grateful face.

"Yes, Lawyer Fang, you are amazing. This meal I please, must pick the best on it. Ai Yajie said excitedly.

Zhou Jiangyong glanced at his younger siblings and said in his heart: This old lady usually picks her life, why did she suddenly become generous. He was right when he thought about it again, the second child didn't have to go to jail, and the family would be saved, of course she had to thank the lawyer.

……

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

"Mr. Zhao......" The assistant looked at him with a confused expression.

"Lao Zhao, why do you bother." Vice President Li of the Legal Department walked in, saw the crystal fragments on the ground, frowned, waved the assistant out of the office, and then closed the door.

Vice President Li and Mr. Zhao are one and the same in the legal department, although the relationship between the two is average, but they are consistent in internal fighting.

"This is too bullying, the investment department is a bunch of old fritters, and they will fight all day long, and the project will lose one by one. They can't handle the old rice, let us take the blame, what is this called! Mr. Zhao said angrily.

"Lao Zhao, dissipate your anger, can't you see the current situation of the company? The boss was anxious to collect the equity of the pharmaceutical company held by Lao Mi and make a deal with the pharmaceutical company that was about to go public.

If this can be done, the company will come back to life, and have the opportunity to take the big ship of the listed company to go to sea to make a lot of money, if it can't be done, you and I don't know how many years you can do. Don't take it too seriously, the boss is also gambling! Vice President Li persuaded in a low voice.

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

It's not that you haven't seen the contract, once it is signed, the non-compete agreement and intellectual property agreement signed by us and Lao Mi before are all invalid, and we have no control over Lao Mi at all in the future, and he can set up another company to compete with us with a similar formula. "I have to say that Mr. Zhao's sense of responsibility is still quite strong and dedicated, but he met a group of pig teammates.

"Lao Zhao, you have to think like this, the boss wants to exchange the equity of the pharmaceutical company with the senior management of the pharmaceutical company, once the equity is exchanged, the pharmaceutical company is not ours, you don't care if he lives or dies."

We are just working, and it is useless to do things without being tired and tired, why are those guys in the investment department popular, and they haven't figured out the boss's pulse, otherwise they would have left class a long time ago. ”

After speaking, Vice President Li looked at Mr. Zhao, and then persuaded: "Listen to me, let's do the necessary reminder obligations, if something really happens in the future, the boss can't find us, we have done what we should do." ”

Okay, the whole company is thinking about how to get away with responsibility, and it's no wonder that such a company can be good.

(End of chapter)