How to write the plea of innocence for fraud?

Dear presiding judge and people's assessor, a law firm in Inner Mongolia accepted the entrustment of defendant Y and appointed this lawyer as the first-instance defender of Y fraud case. After accepting the assignment, the lawyer consulted the case file, met with the defendant, and learned more about the case in combination with the trial. According to the facts of the case and relevant laws and regulations, the following defense opinions are put forward: The defender's point of view is that the public prosecution agency accused the defendant of fraud, the facts are unclear and the evidence is insufficient, and the court should make an acquittal of the defendant according to law. 1. It was found that the facts of the defendant's fraud crime were unclear and the evidence was insufficient. According to the first paragraph of Article 195 of the Criminal Procedure Law: "If the facts of the case are clear, the evidence is true and sufficient, and the defendant is found guilty according to law, a guilty verdict shall be made"; Article 3 stipulates: "If the defendant cannot be found guilty due to insufficient evidence, he shall be acquitted because the accused crime cannot be established due to insufficient evidence." Therefore, the standard of proof for judicial organs to convict criminal cases is that the facts of the case must be clear and the evidence must be sufficient. In other words, as the final evidence, it must be the facts that have been verified and objectively related to the case. Every object of proof in a case has necessary evidence to prove, and facts without sufficient evidence cannot be identified. Contradictions between all the evidence in the whole case and between the evidence and the facts of the case should be reasonably excluded. The conclusion drawn from the evidence of the whole case must be the only positive conclusion, and any other possibility must be ruled out. Combined with this case, the key to the establishment of the crime of fraud accused by the public prosecution agency lies in whether the defendant's behavior meets the constitutive requirements of the crime of fraud, that is, whether the defendant has made up facts or concealed the truth for the purpose of illegal possession and defrauded the victim of property. As far as the specific circumstances of this case are concerned, the focus of the dispute lies in what the defendant charged the victim 1 10000 yuan for, whether it was illegally occupied in the name of arranging work or used to undertake projects. 2. The prosecution's evidence cannot exclude reasonable doubt. According to Article 404 of the Criminal Procedure Law of the People's Procuratorate, in any of the following circumstances, if the criminal suspect cannot be determined to constitute a crime and needs to be investigated for criminal responsibility, the evidence is insufficient: (1) The facts of the constitutive elements of the crime lack the necessary evidence to prove; (2) The evidence on which the conviction is based is in doubt and cannot be verified; (3) The contradiction between the evidence on which the conviction is based and between the evidence and the facts of the case cannot be reasonably ruled out. In this case, the evidence provided by the public prosecution agency can only prove that the defendant and Q have an economic exchange voucher of 1, 654,38+0,000 yuan, and the two sides talked about fire protection projects at the dinner table, perhaps looking for a job. But there is no evidence to prove whether this 1 10000 yuan was illegally occupied by the defendant in the name of looking for a job, which makes this fact in a probable state. On the contrary, the defender believes that it is difficult to rule out the possibility that the defendant cooperated with Q to undertake the fire protection project according to the case file evidence. Therefore, Q's statement and the testimony of his relatives and friends are not only isolated evidence, but also have serious flaws, which makes the facts to be proved in this case in a probable state and cannot rule out all kinds of reasonable doubts. 3. Please ask the court to acquit the defendant according to law. First of all, according to the spirit and requirements of China's criminal procedure law on the burden of proof, presumption of innocence and unprincipled doubt in criminal cases, the judicial organs bear the burden of proof, the public security organs end their investigation, and the procuratorial organs initiate public prosecution and bear the burden of proof of guilt. If it is impossible to prove guilt, or the evidence of guilt is insufficient, it is difficult to determine guilt or innocence, it shall make an explanation in favor of the criminal suspect and make a judgment of rejecting the prosecution, not prosecuting or not guilty respectively. Defenders believe that there are many doubts in the existing conviction evidence and cannot be ruled out. Please ask the court to acquit the defendant Y according to law. Secondly, the real fraud suspect M has not been brought to justice, and the defendant and his referee Z have been trying to find out. The appearance of M will make the truth clear. The defendant himself is the victim, but he does not have the intention and fact of possessing Q's property. However, before the trial, he had returned all the 1 10000 yuan collected by Q twice, and Q himself expressed his understanding. Defender date