Recently, Mr. Li Zhiguang and Mr. Ning Yu handled a case of illegal absorption of public deposits, in which the defendant voluntarily pleaded guilty and signed a written statement, recommending a sentence of four years and six months' imprisonment, which was the second highest among the seven co-defendants. During the trial, the defense lawyer raised many doubts, and the court finally adopted the defense lawyer's opinion and reduced the sentence by 50%, and finally sentenced the defendant to two years and two months' imprisonment, which was the lowest sentence among all the defendants in the case. The defendant has been detained for two years, and family reunion is close at hand, the defendant and his family can hardly restrain the excitement, highly praised the work of the lawyers, this case achieved good results in defense.

Illegal absorption of public deposits is a common crime in recent years in the judicial practice, throughout the country have occurred, with the group, extensive and other characteristics. Reviewing this case, we mainly launched the defense from the following aspects:

Defense of Facts

Accurately grasp the crime and non-crime of the defendant's work behavior

In this case, although the defendant was in the middle position in the company, but when he joined the company, he was not directly engaged in the illegal absorption of public deposits, so his salary income was not all illegal income, the lawyer intervened to make a precise distinction between the defendant's work time, in order to clarify the defendant's crime and non-crime of the amount of money involved in the case later on to lay the foundation.

Defense of Evidence

Precise calculation of the defendant's criminal amount and illegal income

After obtaining the case file, the defendant found that the prosecutor's determination of the amount of money involved in the case was made in a sloppy manner by using the “cumulative calculation of bank income and expenditure items”, and decided to review the amount of money involved in the case, and assisted the court in clarifying the following facts about the amount of money involved in the case by making use of the professional auditor:

1. The defendant's direct amount of illegal public deposit absorption

The defense of this case carefully reviewed more than one hundred case files, hundreds of investors in the material to find the relevant part of the allegations of the defendant, by comparing with the audit report, excluding the defendant is not engaged in the business when investors invested in other businessmen, greatly reducing the defendant's personal illegal absorption of public deposits amount.

2. The amount of public deposits illegally absorbed by the team led by the defendant

Although the defendant in this case was promoted faster, but his working time was less than some of the name of the grassroots salesman, the defense through careful checking with the defendant, in the case file to accurately locate had been subordinate to the defendant's team of the relevant salesman in the defendant team's working time, the name of the salesman in the work of the other team of the relevant amount of investment from the defendant's amount of the crime involved in the final court will be responsible for the team of the defendant amount of money involved in the case The court eventually reduced the amount of the team's involvement for which the defendant was responsible to half of the amount charged by the procuratorate.

3. Defendant's Personal Income

On the basis of the above re-determination of the defendant's criminal amount, the defense pointed out that the defendant's salary card income was obviously higher than his illegal income, and there existed a large number of rebates to customers and the objective fact of investment and lending among colleagues, and compared the percentage of commission confessed by the different defendants, so as to calculate for the court the maximum amount of the defendant's possible illegal income. Finally, the court adopted the opinion, the prosecuting authorities found that “part of the refund” to find that the defendant filed a public prosecution before the surrender of all the illegal income, according to the law on the defendant to mitigate the punishment.

In the trial, the defense used the mind map, charts and other comparisons to fully demonstrate the doubtful points of the case, in the context of the defendant pleaded guilty and admitted the punishment, the full exercise of the defendant's right to independent defense, in the examination of evidence to the court to prove the prosecution's evidence in the sentencing of the many double-counting, the problem of erroneous assessment, for the defendant to get to the surrender of all the proceeds of the law, the defendant worked the shortest time, the case involved the lowest amount of favorable sentencing circumstances. The lowest amount of favorable sentencing circumstances, the final sentence was nearly paid. The defendant said, “I've been studying what I need to pay attention to when I go to prison, but now I can't use it.”