Looking at the yellow hair that disappeared in the elevator room, Wu Qinghui suddenly thought of something, and said secretly: This guy won't fool me, forget it, it's just a thousand yuan. Here, I'll make some extra money; If you don't come, my ears are pure, and I won't lose anything!

Wu Qinghui's ears were destined to be unclean, and he received a call from Huang Mao the next afternoon, and the client would come to the law firm to see Fang Yi the next morning.

came to see Fang Yi is a mother and son, the mother Jiang Lan is in her forties, wearing gold and silver, with a big face drooping, full of sorrow, and tears in her eyes; Son Xu Chen is about twenty-seven or eighteen years old, his skin is better than that of the eldest girl, he is dressed in a famous brand, he has a small head, and he looks a little angry. The living conditions of this family should be good.

"Ms. Jiang, did you bring the verdict?" Fang Yi asked after a few words.

"Brought it." Without waiting for Jiang Lan to speak, her son Xu Chen took out a criminal verdict from the leather bag he was carrying.

Fang Yi took the verdict, asked the mother and son opposite while reading it, and basically understood what happened to the case.

The Xu family is not in this city, but in Xujia Village under the next city. Xu Chen's father, Xu Qiguo, the defendant in this case, is the director of the village committee of Xujia Village.

In mid-June of the previous year, when a training school in the county was preparing to expand its scale, and was worried about the lack of money for development, it heard that Xujia Village had received a lot of demolition money because of the land acquisition and demolition of the city's highway construction, and Tang Jianyao, the general manager and legal representative of the training school, met Xu Qiguo, the village director of Xujia Village, through a friend.

Subsequently, Tang Jianyao proposed to Xu Qiguo, the village director, that he wanted to borrow 2 million yuan from the village committee of Xujia Village, where Xu Qiguo worked, at an annual interest rate of 10 percent (simple interest), citing a lack of funds for the development of the training school.

Without consulting the other members of the village committee, Xu Qiguo arranged for the village committee's accountant to lend the village's land requisition compensation totaling 2 million yuan to the training school in two installments, with an agreed annual interest rate of 10 percent (simple interest).

After Tang Jianyao got the loan, he began to expand the rental space of the training school, advertise, increase office supplies, recruit teachers, etc., but found that the budget was less, the money in hand was not enough, and the operation of the training school in the future would also need expenses, so he found Xu Qiguo again.

This time, Tang Jianyao proposed to Xu Qiguo to borrow 6 million yuan from the Xujia Village Committee, including the 2 million yuan that had already been lent before.

Xu Qiguo felt that the training school had borrowed too much money and could not make the decision himself, so he convened a meeting of the village committee in early September of that year to discuss whether to borrow money from the county training school.

At the meeting, Xu Qiguo did not tell the members of the village committee who had already borrowed 2 million yuan from the training school.

After some discussion, everyone felt that the income of the training school was okay, there were many students, and the return of the money was not a problem, and the interest rate on the village's demolition compensation money was too low on the bank account, so they unanimously agreed to lend 6 million yuan of the demolition money to the county training school, and signed a meeting resolution.

After the meeting, the Xujia Village Committee signed a loan contract of 6 million yuan with the training school, agreeing on an annual interest rate of 8 percent and a loan period of 12 months.

After the loan contract was signed, the Xujia Village Committee paid a total of 5.5 million yuan to the training school in three installments, including 2 million yuan previously lent to the training school. As of August last year, the training school had returned $2.4 million.

Later, it was reported that Xu Qiguo was arrested by the public security organs. At the time of the incident, the amount of $3.1 million had not been returned, and most of the money was recovered through judicial proceedings.

After that, the county procuratorate filed a public prosecution with the county people's court on the grounds that the defendant Xu Qiguo had committed the crime of embezzlement of public funds.

The people's court held that the facts of the crime against the defendant Xu Qiguo were clear, the evidence was credible, and the charges were established. As the director of the villagers' committee, Xu Qiguo, in assisting the government in the management of compensation for land expropriation, exceeded the scope of his authority and misappropriated 2 million yuan of public funds to others in his personal name without collective discussion by the villagers' committee, the amount was huge and the circumstances were serious, and his conduct constituted the crime of misappropriation of public funds.

Most of the funds embezzled by the defendant after the incident have been recovered, and the punishment may be mitigated as appropriate. In accordance with the provisions of Article 384, Paragraph 2 of the Criminal Law, it was decided that the defendant Xu Qiguo was guilty of embezzlement of public funds and was sentenced to eight years imprisonment.

After the first-instance verdict was announced, Xu Qiguo was not satisfied and appealed. The grounds of appeal were: He borrowed 2 million yuan from the county training school, and the village committee later recognized that the loan was a collective act, and that he did not make a profit in the process of borrowing, and requested that the verdict be changed to not guilty in accordance with the law.

"Mr. Xu, your father's case has been appealed, right?" Fang Yi took his eyes off the verdict and looked at Xu Chen opposite.

"The appeal was filed, and it was the lawyer who helped write the appeal petition according to my father's wishes. This is the appellate brief. You take a look. As he spoke, Xu Chen took out an appeal from his bag and handed it over.

Fang Yi looked at it, the appeal petition was very simple, and it was generally acceptable.

"Do you know if the case is now in the county court or transferred to the intermediate court?" Fang Yi asked.

"It looks like it was transferred to the middle court yesterday. Yes, it was yesterday.

Lawyer Fang, the previous lawyer Zhang said that my father was not a state functionary, nor was he a quasi-state functionary, so he was not the subject of the crime of embezzlement of public funds. That's how the lawyer defended it at the time.

The court found my dad guilty of embezzlement, is there a problem with this verdict? Xu Chen looked at Fang Yi and asked when he saw that he had put down the appeal.

"Well, there is something wrong with the verdict in this case.

Under normal circumstances, the village chief is not a state functionary, nor is he a quasi-state functionary, so he should not be the subject of the crime of embezzlement.

However, in this case, your father Xu Qiguo's act of managing the land acquisition compensation was a person of the village grassroots organization assisting the people's government in the administrative management of the management and distribution of land acquisition compensation fees, and belonged to a person engaged in public affairs.

To put it bluntly, although your father is not a civil servant, he is assisting the people's government in the exercise of his duties, so what he does is what a public servant does, so your father can be the subject of the crime of embezzlement. Fang Yi explained.

"That'...... According to your meaning, there is no hope that my father's case will be reversed. Xu Chen chuckled in his heart and hurriedly asked.

Jiang Lan also moved forward nervously, sitting on the chair with half her buttocks, bracing her ears to hear Fang Yi's explanation.

"It cannot be said that although your father can be the subject of the crime of embezzlement, in the current facts of the case, your father does not necessarily constitute a crime.

Of course, we need to read the case file and meet your father again to determine all the facts of the case and the defense plan. Fang Yi said.

(End of chapter)