Chapter 902: Conspiracy and Accomplice

At that time, there were more valuable cables in the warehouse, but they could not be stolen due to the difficulty of transporting them. For this reason, Yang Zugang also summarized his experience after he succeeded.

After Yang Zugang and others succeeded in stealing, they got in touch with Yan Yunzhe and transported the stolen goods to a designated place in the suburbs. After Yan Yunzhe got the information, he contacted Zhang Khan, who rushed to the transaction site with 200,000 yuan. Yan Yunzhe asked his co-defendant Bai Shi and others to help load and unload the cable.

After the on-site inventory and inspection, Yan Yunzhe handed over the money to Yang Zugang and his gang and delivered the goods with one hand, and paid part of the payment, and after the transaction was completed, Yan Yunzhe increased the price by 15% on the spot, and sold the cable to Zhang Khan.

After receiving the goods, Zhang Khan immediately paid Yan Yunzhe 200,000 yuan. After Yan Yunzhe received the money, he privately paid a part of the RMB to Yang Zugang in proportion.

Because Yan Yunzhe and Zhang Khan were unable to pay all the money on the spot, Yang Zugang and Bai Shi left the scene with Yan Yunzhe and found a chain hotel to live in, waiting for Zhang Khan to pay the rest of the payment.

There are rules and regulations, Zhang Khan is a local, Yan Yunzhe knows him well, and he is not afraid that he will abscond with money. If Zhang Khan swallowed this money, Yang Zugang's gang would not be vegetarians.

With the help of Bai Shi and others, Zhang Khan shipped all the cables to downstream customers that night and completed the transaction two days later.

After that, Zhang Khan paid all the money according to the previous agreement with Yan Yunzhe, and after Yan Yunzhe received the money, he paid the money to Yang Zugang, Bai Shi and others on the spot, and Yang Zugang and Bai Shi divided the stolen money.

After the cable factory found that the cable was stolen, it immediately reported to the police, and after the police filed a case, they began to organize manpower to investigate.

Bai Shi has a bad habit of gambling. After getting the stolen money, he spent most of it on gambling, and the police informant thought Bai Cheng was suspicious and told the police about the situation.

Subsequently, the police arrested Bai Shi on the grounds of gambling, and after interrogation, Bai Shi confessed to his theft of cables from the cable factory, and then confessed to Yang Zugang and others, and helped the police arrest the relevant personnel. Zhang Khan was also arrested.

"I'm just a dirty one, so I'm going to be an accomplice. I'm not with Yang Zugang's gang. Zhang Khan's eyes were full of injustice.

"Do you know Yang Zugang and Bai Shi?" Meng Guangda asked.

"I don't know. I'm not all the way with them. If it weren't for Lao Yan (Yan Yunzhe) calling me and saying that there was a cable for sale, I wouldn't have known that there was such a thing. Zhang Khan replied.

"Before the transaction, did you see Yang Zugang's gang?" Meng Guangda asked.

"No, it was Lao Yan who was in contact before, and he was afraid that I would be on the kang across the pot, so he kept guarding against me from telling me the truth." Zhang Khan said resolutely with a resolute look in his eyes.

Looking at Zhang Khan's eyes and expression, Meng Guangda felt that what he said was not a lie.

"Lawyer Meng, my situation does not constitute theft, it should be a crime of dirty." Zhang Khan looked at Meng Guangda and Yu Wendong.

"You studied law before?" Meng Guangda looked at him with some surprise, but after thinking about it a little, he understood that he often did this and was dealt with, so he naturally had to understand the relevant legal provisions, which was normal.

"Well, I bought a criminal law before and studied it." Zhang Khan's words confirmed Meng Guangda's speculation.

"According to what you just said, your actions may constitute the crime of concealing criminal proceeds under Article 312 of the Criminal Law. The determination of whether there is an accomplice between the defendants in the same case is mainly based on whether there is a conspiracy. Meng Guangda said.

"What do you mean by this conspiracy? How to judge a conspiracy? Zhang Khan's eyes were full of curiosity.

Meng Guangda looked at him and said secretly in his heart: hooligans are not terrible, but they are afraid that hooligans are educated. Criminals have started to study the law, it's terrible! But maybe it's a good thing, I hope he can change his ways.

Since people asked, it is the lawyer's obligation to answer the consultation, and it is necessary for Meng Guangda to explain.

"In general, judging from three aspects:

First, the time point of prior conspiracy is limited to before the crime is completed, and the perpetrator of the sale of stolen goods must have a communication of intent with the perpetrator of theft before the crime of theft is completed, and it is not a prior conspiracy if the intention is communicated after the crime of theft has been completed.

Second, if the perpetrator of the sale of stolen goods only knows that the perpetrator of the theft may be going to commit the theft, but does not form a communication with the perpetrator of the theft before the theft, and conspires with the perpetrator of the theft to carry out acts such as selling the stolen goods after the theft is completed, it is not a prior conspiracy.

Third, as long as the perpetrator of the sale of stolen goods promises to the perpetrator of theft before the theft, and after the theft is completed, it can be determined that there was a prior conspiracy between the two parties, and it is not required that the perpetrator of the sale of stolen goods participated in the conspiracy or had a comprehensive understanding of the specific circumstances of the crime of theft, such as the time, place, method, target, and goal.

In this case, the perpetrators of the theft were Yang Zugang and Bai Shi and others, and Yan Yunzhe only conspired with Yang Zugang before the theft and promised to purchase the stolen goods stolen by Yang Zugang and others afterwards, and he did not participate in the theft, so Yan Yunzhe was only an accomplice to the joint theft, not the perpetrator of the theft. But he is still an accomplice.

You did not meet with Yang Zugang and others before the theft was committed, nor did you communicate with them about the sale of stolen goods, but it was only after the theft was completed that Yan Yunzhe contacted you to participate in the sale of stolen goods, so you do not constitute an accomplice. Assuming you're not lying, of course. Meng Guangda stared at Zhang Khan's eyes and said.

"Rest assured, I'm telling the truth. How many years will I be sentenced according to you? Zhang Khan rolled his eyes and asked.

"In accordance with the provisions of Article 312 of the Criminal Law, generally speaking, the crime of concealing criminal proceeds shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release, and/or a fine; where the circumstances are serious, a sentence of between three and seven years imprisonment and a concurrent fine is to be given.

In your case, we will defend you for the lesser offense and try to reduce the sentence to less than three years. Meng Guangda said.

"Hey! I didn't expect to hide around or not dodge, this is fate. Last year, I went to Zhang Tiezui to ask for a signature, and he said that I was in prison this year, and at that time I greeted his ancestors for 18 generations. Zhang Khan sat on a chair like a deflated ball, muttering to himself.

"Is there anything you need me to tell my family?" Meng Guangda asked.

"Please tell my daughter-in-law that the family's money is saved to spend." Zhang Khan hesitated and said.

In the afternoon, after Meng Guangda and Yu Wendong came out of the county procuratorate, they took a taxi and walked back, and it was already dark when they entered the city. The two did not go back to the office, and went straight to their respective homes.

……

Fang Yi's hukou has been moved to the city, so he and Yunmei went to the city's civil affairs department to get a marriage certificate. Standing at the gate of the Civil Affairs Bureau, Fang Yi looked at the marriage certificate in his hand and couldn't help but think of more than ten years ago.

Ask for a monthly pass and a recommended ticket!

Thank you for your great support! At the same time, I would also like to thank those book friends who have never spoken silently for their support!

(End of chapter)