"It is said that he was arrested, and he has already been tried once, and he committed a very big crime, and the case has not yet been judged. Lawyer Fang, I was really wronged, I was just the nominal chairman, and I didn't know anything. Shen Mingyuan looked at Fang Yi, his tone was quite firm, but a trace of struggle flashed in his eyes.

"Tomorrow morning we will go to the procuratorate to read the case file, and after reading the case file, we will analyze your case, and if your sister continues to entrust us to provide you with a defense, we will come and tell you the defense plan. Do you have anything you need us to 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 have hidden something.

"No, no." Shen Mingyuan's expression was 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, if according to Shen Mingyuan, he and Ouyang Weilun are cooperative relations, and they are not involved in the company's smuggling activities, and the company's smuggling of 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 the target company......"

"It's not as simple as you think. Shen Mingyuan has admitted at the public security organ that he has guessed that Ouyang Weilun is engaged in smuggling, and the company has no other profitable business, so where did Ouyang Weilun get the funds to acquire the equity of the machinery factory?

If the source of funds is not determined, 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 read the papers. Fang Yi replied.

"Well, yes, if Shen Mingyuan is accused of money laundering, the first thing to solve is the source of funds, and there will definitely be relevant evidence in the case file." Yun Qiao nodded back.

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

"Lawyer Fang, according to you, 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, just an errand runner, it is impossible to know that the funds used by the other party are smuggled money." ”

"According to the evidence on record, Ouyang Weilun's acquisition of the machinery factory was indeed smuggled and earned, although from the available evidence, your brother Shen Mingyuan only speculated that the other party's funds came from smuggling, and he is not very sure, but it can be seen from his confession that he knows some information.

After Ouyang Weilun acquired the machinery factory, in addition to giving him a lot of expenses, he also appointed him as the chairman, gave him a high salary, and gave him a luxury car. If it was a normal business, would Shen Mingyuan get so many benefits? Clearly negative.

If Shen Mingyuan only helped Ouyang Weilun find an acquisition target and get a labor fee, this would not constitute the crime of money laundering, but he knew more, and he worked in the machinery factory after the acquisition and got benefits.

Therefore, it is very likely that the court will think that he was for profit, and when he knew that the other party's source of funds was problematic, he was entrusted to find a target for Ouyang Weilun and help Ouyang Weilun cover up and hide his illegal gains.

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

"You just said that my brother 'knows' that there is a problem with the source of funds, but my brother does not know it, it is just speculation and speculation. Does this also constitute the crime of money laundering? Shen Mingzhen looked at Fang Yi suspiciously.

Fang Yi pondered and explained: "According to Article 191 of the Criminal Law and Article 7 of the Criminal Law Amendment (3), subjective knowledge is a prerequisite for the establishment of the crime of money laundering.

However, the 'knowing' you understand is not the same as the standard of 'knowing' determined by the judicial authorities.

Knowing is not the same as knowing for sure, and although there is a difference in the degree of certainty and probability, both will be included in the category of knowledge by the judiciary.

Knowing can be established as long as it is proved that the perpetrator was aware of the possibility that the property handled by the perpetrator was the proceeds of crime (the proceeds of crime of a social nature, the crime of terrorist activities, the crime of smuggling, the crime of corruption and bribery, the crime of undermining the order of financial management, the proceeds of the crime of financial fraud and the proceeds thereof) at the time of the incident.

In this case, your brother guessed that the funds used by the other party to purchase the equity were smuggled income, which was actually obtained by Ouyang Weilun by smuggling.

Moreover, Ouyang Weilun let your brother participate in the transaction of the acquisition project throughout the process, and paid the equity transfer money in four installments, the most important thing is that most of the equity transfer money is in cash, and after the transaction, your brother got a benefit fee and a BMW car, as well as a well-paid job.

Based on the above circumstances, it is very likely that the court will find that he was aware of the source of the transaction funds. ”

"That'...... Do you have any good suggestions? Shen Mingzhen pondered for a moment, and a trace of panic flashed in his eyes.

"Judging from the current situation, I think that although your brother may be guilty of money laundering, he is an accomplice and plays an auxiliary role in the whole process of money laundering, and we can defend him for the lesser crime." Fang Yi replied.

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

"It's hard to say, we can recommend that the court sentence him to six months in prison. However, it is ultimately up to the court to decide. Fang Yi said.

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

After some bargaining, the two parties finally set the lawyer's fee at 60,000 yuan. Shen Mingzhen signed the entrustment formalities 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 charged with money laundering, but what about Ouyang Weilun? Why is Ouyang Weilun not a defendant in this case? Yun Qiao tilted his head and looked at Fang Yi with the case file.

"It's a bit complicated to say, you sit." While speaking, 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 at Fang Yi with wide eyes, waiting for Fang Yi's explanation.

"In judicial practice, for those natural persons or companies that engage in both upstream smuggling and other crimes and participate in downstream money laundering, they are generally treated as absorbing offenders, and only the criminal liability of the predicate crime (felony) is investigated, and the criminal liability of the crime of money laundering (misdemeanor) is no longer pursued.

However, international conventions and many foreign criminal legislation are different from ours, and it is possible that people think that this crime is very serious and needs to be sentenced heavily, in short, it is not a problem for us to consider. Fang Yi looked at Yun Qiao after speaking.

The latter listened quietly with a wink.

Today's three more, tomorrow's explosion will be more, tomorrow will be more explosion.

(End of chapter)