Recently, the amount of nearly 6 billion yuan of major casino case, after Xia Jun lawyer, Liu Zhihui lawyers for more than two years of conscientiousness, perseverance, and make every effort to the defense work, and ultimately turn the tide, the case to achieve the crime, the sentence, the fine sentence, the disposition of property involved in the case of the all-round major breakthroughs, the parties in this case are private entrepreneurs, their legitimate rights and interests of the person and the rights and interests of property have been the maximum extent possible to protect. The case was successfully defended.

Successful defense of this case.

Realize the following four major breakthroughs:

The first breakthrough, the court decision changed the prosecutor's office accused of opening a casino, from a felony casino crime to a misdemeanor crime of helping information network criminal activities (help letter crime), through the lawyer's defense, to achieve a major breakthrough in changing the characterization of the case.

The second breakthrough, because the case is suspected of network casino, and involves virtual currency, the amount of money involved is particularly huge nearly six billion yuan, the prosecutor's office of the original sentencing recommendations in the range of five to ten years, after more than two years of defense, the court ultimately sentenced the defendant to two years and five months of imprisonment, the equivalent of actual expenses, because the defendant has been detained more than two years of time, after the sentence will be regained soon after the freedom, and the reunion with the family.

The third breakthrough, since accepting the commission, the lawyer tried his best to defend, about the illegal income amount of the determination of the public security organs that the defendant's illegal income amount of more than 16 million yuan, the trial prosecutor's office accused the defendant of illegal income amount changed to nearly 8 million yuan, after the defense, the court finally allowed the defendant to surrender the illegal income amount of only 300,000 yuan, to achieve a huge change. Regarding the fine penalty, the prosecutor's office recommended a fine of 300,000 yuan at the trial, and the court decided to impose a fine of only 80,000 yuan. Both the illegal income and the fine penalty in this case have realized a super large reduction.

The fourth breakthrough, the case in the investigation stage, the public security organs seized the defendant more than ten million of property, including three sets of houses (one set of villas), two limousines, and a number of bank accounts, Xia Jun lawyer attaches great importance to the disposition of the property involved in the case, for the property involved in the case of extensive collection of evidence to the court submitted to the defense of reasoned and justified, the court ultimately adopted the views of the lawyer, the court of the first instance decision The defendant was seized frozen ten million property to be returned.

Brief description of the case:

The defendant is a private entrepreneur, the main business scope of the enterprise he operates includes software development, website construction, etc. After the relevant personnel contacted on their own initiative, they purchased the payment system with virtual currency recharge function jointly developed by the defendant and his company's employees, and then it was used to provide payment and settlement services for a network gambling platform. The online gambling platform used the payment system to collect a large amount of gamblers' funds, involving nearly 6 billion yuan. The prosecuting authority alleged that the defendant and his company's employees knew that the gambling website was still providing funds payment and settlement services for it and helping to collect gambling funds, and that the circumstances were serious, so the defendant should be held criminally liable for the crime of opening a casino, and the defendant was the first defendant in this case.

The case is significant difficult and complex.

The defense focuses on four core points to start the defense:

1

The core point of contention in this case is: whether the defendant knew that the other party was a gambling website and still provided payment and settlement services for it. The prosecution alleges that the defendant constitutes the crime of opening a casino on the Internet, alleging that the defendant, as the actual controller of the company, knew that it was a gambling website and still provided payment and settlement services to help collect gambling funds. Then whether the defendant knows that the other party is a network gambling platform is obviously very critical defense point, on the question of whether to know, which requires a comprehensive determination through the subjective and objective aspects, in addition to focusing on the verbal evidence of the people involved, but also pay special attention to the objective aspects of the case evidence. Through the search, the defense found that there is a very important key evidence in this case, can prove that the defendant did not access the history of the gambling site involved in the case, in addition should also be clear that the payment system's mode of operation and operation logic, the payment system docking a number of merchants, merchants are English code display, based on which the customer who is engaged in what the customer as a provider of technical services do not know and do not need to understand Moreover, since the payment system realized automatic recharge, automatic cash withdrawal, real-time exchange rate and other automated functions, the defendant and the company's employees only did the relevant technical work, did not participate in the operation and management of the payment system, and did not have the actual control and management, in summary, the defendant believed that the defendant did not know that the website was a gambling website, and it could not be found that it constituted the crime of opening a casino, and the relevant defense opinions submitted by lawyer Xia Jun were adopted by the court. The court adopts the relevant defense opinions submitted by Mr. Xia Jun.

2

The defense around the evidence, especially the defense of electronic evidence, is very valuable to this case. Due to the suspected network gambling crime, there are a large number of electronic evidence and identification, electronic data and identification of the case has a very key role in the conviction and sentencing, Xiajun lawyers in the submission of the defense, a total of seventeen aspects of the electronic data and identification of the existence of the problem, questioning the legitimacy of the electronic evidence and identification of the legitimacy, authenticity and relevance of the opinion, Xiajun lawyers that, in the relevant evidence has obvious flaws and loopholes, it should not be admitted as evidence for conviction and sentence, and the defendant should not be found to constitute the crime of opening a casino accordingly.

3

Concerned about the determination of the amount of money involved and illegal proceeds in this case. The indictment alleges that the amount of money involved in this case is nearly 6 billion yuan, the defendant's account received the payment system wallet address transferred to the USDT, used to pay employees' salaries and bonuses, the purchase of vehicles, real estate and other daily expenses, all of which are his illegal income, the amount of illegal income is particularly huge. Lawyer Xia Jun combined with the relevant electronic evidence of the case and the mode of operation, and found that the gambling platform into the defendant's account virtual coin wallet address water flow is small, through other virtual currency address jump into its virtual coin wallet address water flow is large, in the case of not proving that these transferred USDT and the online gambling platform has a connection, can not be identified as the case of these virtual currencies as the property involved in the case, much less can be identified as the defendant's illegal proceeds.

During the undertaking of this case, the public security organs determined that the defendant's original illegal income amounted to more than 16 million yuan, the trial prosecutor's office accused the defendant's illegal income amount was changed to nearly 8 million yuan, after the trial defense, the court finally allowed the defendant to surrender the amount of illegal income of only 300,000 yuan, the determination of the amount of illegal income to realize the ultra-large reduction. Mr. Xia Jun's defense viewpoints were adopted by the court.

4

Attaching great importance to the defense of the disposition of property involved in the case. For defense lawyers, not only should pay attention to the defense work involving conviction and free sentence, but also pay more attention to the defense of the property involved in the case, the penalty sentence, because it is closely related to the legal property rights and interests of the parties. Xiajun lawyers collected a large amount of evidence, from the defendant's original business enterprise revenue status, was seized in the case of the purchase of the house, funds to pay for the situation and was seized in the case of the purchase of the vehicle in the case of a comprehensive defense, according to the supreme people's procuratorate, the ministry of public security on the public security organs to handle the case of economic crimes of a number of provisions of the law should be strictly differentiated between illegal proceeds, other property involved in the case of lawful property, and strictly differentiated between Enterprise legal person property and shareholders' personal property, strictly distinguish between the suspect's personal property and family members' property, shall not exceed the authority, the scope, the amount, the time limit of seizure, detention, freezing, and pay attention to the protection of the legitimate rights and interests of the interested party. To sum up, Mr. Xia Jun believes that the above property does not belong to the scope of the property involved in the case, and should not be seized and frozen measures, the relevant defense was adopted by the court, and after the first instance verdict, the defendant was seized and frozen ten million of the property to be returned.

Conclusion:

Since accepting the commission more than two years after the time, Xia Jun lawyer, Liu Zhihui lawyers conscientiously perform their duties, do their best, perseverance, adhere to the “professional, meticulous, wisdom, courage”, so that the major complex cases to turn the tide against the wind. After the first trial verdict, the parties and their families surprised and grateful, the family said excitedly to Xia Jun lawyer: “lucky you, thanks to you, but also you!” Simple words contain a high degree of recognition of the lawyer's defense work and infinite trust, this kind of heartfelt gratitude and trust for the defense lawyers are precious, but also lawyers in the criminal defense on the road of perseverance and forward momentum.

The successful defense of this case fully demonstrates the professionalism and commitment of King&capital lawyers, and is another successful case of King&capital lawyers' “pursuit of excellence and commitment”.

Translated with DeepL.com (free version)