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The crime of misappropriation of funds is not guilty: it is sent back to the retrial for successful defense, and the alleged crime of misappropriation of funds is not established.

Author :Tianjin Bo Law Firm   Time :2019-01-04

Brief description of the case:

The People's Court of Nankai District of Tianjin Municipality heard the case that the People's Procuratorate of Nankai District of Tianjin accused the defendant of the original trial of a crime of embezzlement and misappropriation of funds. On March 7, 2014, he made a criminal judgment and found that the accused H was guilty of occupation. The amount of encroachment reached more than 1.2 million, and sentenced to nine years in prison; the crime of misappropriation of funds, the misappropriation of 1 million, the sentence of five years in prison, decided to execute a 14-year prison term. Later, Mr. Li Changyong represented the second instance of the case and ruled that the original judgment was revoked and sent back for retrial. After being sent back for retrial, the lawyer continued to represent the case.

Defence plan:

After in-depth examination, Li Changyong submitted a written "defense word" to the court of second instance, and made the following analysis of the evidence problems in the case (detailed argument):

I. Regarding the “Judgement”, in November 2011, the defendant H sent the company’s headquarters to Tianjin Branch’s license plate number Jin AAA BMW, and sold it through the used car trading market after privately reissuing the title certificate. Obtained the illegal possession of 608,000 yuan in the car: "There is a lack of key evidence to prove the facts of the case, and the complete evidence chain cannot be formed. The facts are unclear and the evidence is insufficient.

2. About “From August to December 2011, H collected a total of 996,000 yuan from a company’s car rental business, and issued 8 receipts with a total face value of 1006,000 yuan. The above business funds were not turned over to the company. It is to be used by the person himself.": The evidence of the whole case cannot be confirmed as true and sufficient, and should not be recognized according to law.

Referee results:

The court held that the public prosecutor accused the invasion of Zhanjin AAA BMW car, privately reissued the property right certificate and other procedures, sold through the used car trading market, obtained 608,000 yuan of car payments and misappropriated the company's funds totaling more than 990,000 yuan for personal use. The facts are unclear and the evidence is insufficient. This court does not recognize it. The judgment is as follows:

The defendant was convicted of a crime of occupation and sentenced to seven years and six months in prison.

Lawyer Comments:

The case lasted for more than two years. Under the careful defense of Li Changyong, the case was first to revoke the original judgment, sent back the retrial, and then obtained the deduction of the amount of crime, dispelled one of the crimes, and safeguarded the legitimate rights and interests of the parties!

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