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Successful Defense to Charges of Contract Fraud
Released on:2012-04-09Source:the Theory Research DepartmentAuthor:Qu Lihong

In a recently-concluded trial, Qu Lihong , a partner of our law firm, accepted the instructions of the family members of one Li, and organized a team to conduct his appeal to a conviction for contract fraud. The defense was accepted by the court and the first trial judgment was overruled.

 

Li operated a foreign trade corporation in Guangdong, and during 2006 and 2007 signed six clothing contracts with a supplier. Because of the customer’s failure to pay for the garments, Li was unable to make the payments specified in the contracts on time. Although Li genuinely attempted to pay the bill, the plaintiff accused him of contract fraud. In the first trial, the court sentenced Li to ten years in prison despite the lack of evidence and factual clarity.

 

After reviewing the case, Qu Lihong decided that despite Li’s company lacking the ability to pay, he had done his best to raise money.

 

In the second trial, the prosecutor reviewed the facts and decided for the defense, and recommended the court to overrule the first trial judgment. The court thought the facts were not clear and the evidence was insufficient to reverse the judgement, so the case was scheduled for retrial,  and Li obtained bail.