Beijing King&Capital Law Firm attorneys Zhou Wenda and Xu Wei represented a contract fraud case, the amount of money involved is particularly large, the statutory penalty up to 10 years. During the examination and prosecution, the client Li Mou chose to plead guilty and admit punishment, the prosecutor's office gave the sentencing recommendation of 5-7 years. In the first trial, the defense still believed that the person concerned constitutes insufficient evidence of the crime, put forward the opinion of not guilty. In the end, the court sentenced the client to 3 years and 6 months of imprisonment, achieving a certain degree of effective defense.
The indictment alleged that Li, together with others, by signing a false contract for the sale of houses and privately changing the lending bank, defrauded the Financing Guarantee Company Limited of more than one million yuan in foreclosure advances.
Against the charge, the defense that, li mou and other defendants have not fraudulent advances of consent, the buyer and seller of the house in question is not li mou to expand the customer, li mou engaged in housing agency work, in the case of the transaction only provides accompanied by the loan services, the behavior of the housing agency requirements and trading habits; li mou subjectively no illegal possession of the intention, li mou in the case of the fees charged only The standard is consistent with the general amount of commission for the housing agent to facilitate the transaction. According to "heavy evidence, heavy investigation and research, light confession", "doubt in favor of the defendant" and other basic principles of the case, should also be determined that Li subjectively on the funds obtained by fraudulent funds without the purpose of illegal possession. In addition, through the comparison of the relevant responsibility of the people involved in the case, the defense found that in this case, li mou and outsider huang mou's nature is basically the same, if li mou convicted and punished, contrary to the principle of appropriateness of crime and punishment.
Although the party in this case, Li Mou, has pleaded guilty and admitted punishment at the stage of examination and prosecution, the defender still focuses on the interests of the party, and plays the role of independent defense under the premise of the party's approval. How to exercise the right of independent defense in the case of guilty plea, testing the professional ethics and comprehensive quality of defense lawyers. Lawyers should always uphold a basic principle is to safeguard the client's legitimate interests in the first place, as Dershowitz in the "letter to young lawyers," said: "in the scope of the law and morality allow to go all out to fight for the client's legitimate interests, which is exactly where the duties of the defender."
Zhou Wenda, Xu Wei lawyers this defense for the client to maximize the favorable results, won the client's high praise and recognition.
