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Our lawyer Chen Deling successfully defended a fraud case, and the client got a decision not to prosecute.
Released on:2023-08-29

Recently, Beijing King&Capital Law Firm lawyer Chen Deling represented a suspected fraud case, after night and day, persistent efforts, for the client to take the lead in the non-approval of the arrest, and in the review and prosecution stage to confirm the non-prosecution, to avoid being convicted of the results of the sentence, the maximum protection of the rights and interests of the client.

The person concerned is a departmental executive engaged in the courier business, five years ago, through online gaming to meet the man Gao Mou. 2021 July to October, the person concerned to the maternal grandmother sick hospitalized for surgery in urgent need of money for the reason, has to Gao Mou borrowing, and in accordance with Gao Mou's request to issue the full amount of the loan note, attached to a copy of its identity card. During the period, in the provision of identity card copy, the party will identity card number after four digits to do tampering, until the agreed repayment period expires, GaoMou contact the party unsuccessful, so to the court, found that the party to provide the identity card number is incorrect, resulting in the case of the case.

The person concerned was criminal detained by a railroad public security bureau for this matter. Our lawyer team accepted the commission, the first time to the case organ submitted the commission formalities. ChenDeLing lawyer team after research and judgment that, if can actively compensate the victim loss, get the victim understanding, the case may turn around.

After many times with the parties and high communication, confirmed that the real intention of high still demand a refund, but the parties encountered difficulties in raising funds, the lawyer team coordinated through the payment in installments to solve the needs of high, issued a consent to the letter of understanding. After that, combined with the actual difficulties of the family, the lawyer team to a railroad transportation procuratorate submitted a legal opinion not to arrest, to help the person concerned in the detention of the fourteenth day to regain freedom.

In late July this year, the case was transferred to a railroad transportation procuratorate. ChenDeLing lawyer team in mastering the whole case on the basis of the facts, and the active communication with the authorities, on the one hand, combined with the real reason for borrowing, from the illegal possession for the purpose of the legal application of the issue of whether the person constitutes the crime of fraud to put forward the defense; On the other hand, the lawyer on the life of the person, the work of the person and his guilty repentance to the authorities to fully reflect the attitude, for leniency.

In the end, the contractor prosecutor's office that the circumstances of the crime are relatively minor, the social harm is not great, in the investigation stage to make the decision not to approve the arrest, in the prosecution stage to make the decision not to prosecute.

Translated with DeepL.com (free version)