The defendant Zhang Li, female, born on July 5, 1962, Han nationality, high school graduate. On suspicion of embezzlement on May 22, 2009 by the Taikang County People's Procuratorate decided to criminal detention, the same day by the Taikang County Public Security Bureau to execute criminal detention. On June 1, 2009, Taikang County People's Procuratorate decided to arrest him on suspicion of embezzlement, and on the same day, Taikang County Public Security Bureau carried out the arrest. Now detained in Taikang County Detention Center.
Defender Zhao Ming, Henan Ming discernment Beijing Jingshi law firm lawyers.
Taikang county people's procuratorate tai prosecution criminal prosecution [2009] 113 indictment accusing the defendant zhang li guilty of embezzlement, on August 20, 2009 to our public prosecution. This court formed a collegial court in accordance with the law, public hearing of the case. Taikang County People's Procuratorate assigned prosecutor Li Changjin to support the public prosecution, the defendant Zhang Li and defender Zhao Ming to participate in the proceedings. The trial is now concluded.
Expanded
Taikang County People's Procuratorate alleges that on September 12, 2007, the defendant Zhang Li in Zhoukou City Energy Office of the Finance Section, deputy director of the period, in the handling of remittances to the Zhoukou Hongrong mold factory business, more than 56,300 yuan remitted. After the factory according to Zhang Li's arrangements, will remit more than 56,300 yuan from the bank out to Zhang Li. Zhang Li will be 31,500 yuan to return the mold owed, the remaining 24,800 yuan for themselves. On September 25, 2007, the defendant Zhang Li in the Hongrong mold remittance of 379,500 yuan business, more than remittance of 329,500 yuan, of which 275,500 yuan transferred to Zhoukou Coal Co, Ltd., and another 1,500 yuan to return the mold tax, the remaining 52,500 yuan for themselves. Prosecution provided evidence in court: the defendant Zhang Li's confession, witnesses XX Huang, XX Niu, XX Li's testimony and bank card access records, cash account records, the main body of proof. Accordingly, the defendant Zhang Li's behavior constitutes the crime of embezzlement, requesting that he be sentenced according to law.
Defendant Zhang Li argued: Zhoukou City Energy Office remitted each sum of money to be signed by the director of Li XX, I did not remit more money for myself. More than remittance of two money by my custody is the fact that the first 24,800 yuan deposited in my bank card, the second 52,500 yuan I put in the office of the safe. These money in two remittances to Li XX card 40,000 yuan, Xixi XX borrowed 20,000 yuan, and I have been for the unit of 13,000 yuan I deducted, the rest of the money for office work. I have not embezzled public funds, requesting the court to give me a fair judgment.
The defense put forward by the defense is: the public prosecutor accused Zhang Li of embezzlement qualitatively inaccurate, factually incorrect, insufficient evidence. Defendant Zhang Li remitted more money although the existence of their own accounts or their own custody, but can not be recognized Zhang Li will be embezzled public funds. Two bank card vouchers to confirm that 40,000 yuan has been remitted to Li XX, loan confirmed by the leadership arrangements XI XX borrowed 20,000 yuan, as well as Zhang Li for the unit had advanced 13,000 yuan, these facts prove that the defendant Zhang Li not guilty of evidence investigating authorities did not collect. This case is insufficient evidence, unclear facts, the defendant Zhang Li should be acquitted. It provides a loan note, Li XX ICBC card business vouchers, witnesses Han X's testimony and the investigation transcript to confirm.
The trial found that (a) September 6, 2007, the defendant Zhang Li in Zhoukou City Energy Office, deputy director of the Finance Section, in the handling of remittance to the Zhoukou Hongrong mold factory remittance of 328,400 yuan of business, privately remit more than 56,300 yuan. September 12, the factory, according to the defendant Zhang XX XX arrangements, will be more than remitted 56,300 yuan from the bank out to the defendant Zhang Li. Defendant Zhang Li will be 31,500 yuan to return the mold owed, the remaining 24,800 yuan deposited in the ICBC bank card, so as to own. After taking out for its family daily expenses.
The evidence of the above facts are:
1, the defendant Zhang Li's statement: 2006 Zhoukou City in the city to promote the construction of biogas, we are responsible for the city's energy office of the biogas mold purchasing work, and the Hongrong mold factory business. in September 2007, I returned the Hongrong mold factory owed 328,400 yuan, when more than remittance of 56,300 yuan. After the money to Hongrong mold factory account, I let Huang XX to remit more 56,300 yuan to me, I will be 31,500 yuan of which paid to the cattle XX, the remaining 24,800 yuan deposited to my personal in the ICBC card. Later, I took the 24,800 yuan out of the card and used it for my family's daily expenses.
2, witness Huang XX testimony: September 6, 2007, Zhoukou City Energy Office to Hongrong mold factory payment of 328,400 yuan, of which Hongrong mold factory should be 272,100 yuan, Zhoukou City Energy Office remittance of more than 56,300 yuan, Zhang Li let me remit more than 56,300 yuan to her. September 12, 2007, I contacted He XX, let her take out the cash! 56300 yuan to me, I myself with 56300 yuan in the agreement of the plains hotel east to meet Zhang Li, all the money to her after each went away.
3, witness He XX testimony: September 12, 2007, Huang XX gave me contact to let me go to the bank to withdraw money, said it is ready to the city energy office to transfer more than 56,300 yuan to Zhang Li. After I withdrew the money, I gave it to Huang XX, who told me that he was going to give the 56,300 yuan to Zhang Li, and then asked me to leave first.
4, witness Niu XX testimony: I let Huang XX help me market mold, Huang XX agreed. Later, I gave Zhoukou Energy Office of Zhang Li contact, let her help the payment from Huang XX to come. Zhang Li said to give me to worry about, to remittance to the payment back. Later, I let the accountant surnamed Xiao ten sets of molds pulled away, selling price is 3300 yuan per set, *** 10 sets of 33,000 yuan. I received 31,500 yuan, which Huang XX deduct invoice tax 1500 yuan.
5, witness Xiao X testimony: the city energy office Zhang Li arranged for me to Zhoukou eight all the way to the brick company pulled away 10 sets of molds.
6, the book of cash accounts and vouchers show: 2007 8 - September, to 17 vouchers remittance Hongrong mold factory payment of 328,400 yuan.
The above evidence have been examined by the court, and can be mutually corroborated, true and sufficient to determine.
(2) September 25, 2007, the defendant Zhang Li in Zhoukou Hongrong mold factory remittance 379500 yuan business, more than 329500 yuan. Which according to the Zhoukou City Energy Office director Li XX arrangements, 275,500 yuan transferred to the Zhoukou Coal Company, another 1,500 yuan to return the mold tax, the remaining 52,500 yuan for himself, for the payment of his sister Zhang X in Zhengzhou to buy a house in the deed tax and renovation costs.
The evidence that the above facts are:
1, the defendant Zhang Li's statement: September 25, 2007, I remitted to the Hongrong mold factory payment 379,500 yuan, in addition to the payable payment of 50,000 yuan, more than 329,500 yuan. Among them, there are 275,500 yuan is XX director Li arranged more remittances, this amount through the transfer to Zhoukou Coal Company to pay off the accounts, the remaining 54,000 yuan is more than my personal remittance to the Hongrong mold factory. After I contacted Huang XX, Huang XX and a woman to ICBC Dongcheng branch to take out 54,000 yuan, I took out 1500 yuan from this 54,000 yuan to Huang XX, is the ox XX mold invoice tax, the remaining 52,500 yuan I personally possessed, used for my sister Zhang X in Zhengzhou to buy a house deed tax and decoration.
2, witness Huang XX testimony: September 25, 2007, zhoukou city energy office remittance to hongrong mold factory payment 379500 yuan, and hongrong mold factory actual payment 50000 yuan, the remaining 329,500 yuan should be returned to the municipal energy office. September 26, 2007, he XX, zhang li, and I went to zhoukou city, civilization road, north section of the bank of industry and commerce dongcheng subbranch, he XX from the bank to remove He XX took out 104,000 yuan in cash from the bank and gave 54,000 yuan to Zhang Li. Zhang Li took out 1,500 yuan to me, said Niu XX mold invoice tax, the remaining 275,500 yuan Zhang Li let me transfer to the Zhoukou Coal Company.
3, witness Li XX testimony: in September 2007, I arranged Zhang Li to Hong Rong mold factory remittance more than remittance of 275,500 yuan, and arranged Zhang Li more than remittance of 275,500 yuan to Zhoukou Coal Company. Remittance, transfer of funds are Zhang Li, this money is used for Zhoukou Coal Company business expenses. I arranged for Zhang Li to remit the extra 275,500 yuan this time, and made no other arrangements.
4, witness He XX testimony: September 25, 2007, the city energy office remittance to the mold factory 379,500 yuan, of which Hongrong mold factory should be paid 50000 yuan, Zhoukou City Energy Office remittance of more than 329,500 yuan. the morning of September 26, Huang XX gave me a call to go to Wenming Road, ICBC for business. Huang XX, Zhang Li and I rushed to Dongcheng branch, I took 104,000 yuan, of which 50,000 yuan is Hongrong mold factory's payment, the remaining 54,000 yuan is the energy office to transfer more money. I gave 54,000 yuan to Zhang Li, Zhang Li to Huang XX1000 more than the tax, the next balance of 275,500 yuan, Zhang Li transfer to the Zhoukou Coal Company.
5, witness Niu XX testimony: I let Huang XX open 10 sets of mold invoices, Huang XX deduction invoice tax 1500 yuan, I actually received 31,500 yuan,.
6, the book of cash accounts and vouchers show: August-September 2007, to 18 vouchers to pay Hongrong mold factory money 379500 yuan.
7, subject identification: September 2003 to the present defendant Zhang Li served as Zhoukou XX financial section deputy section chief, the official staff of state organs.
The above evidence are examined by the court, and can be mutually corroborated, true, sufficient to determine.
Additionally, the defendant Zhang Li's defense submitted four pieces of evidence: First, on January 15, 2008, Xixi XX wrote a loan note: this borrowing energy office cash 20,000 yuan. This documentary evidence can only prove that XI XX to Zhoukou City Energy Office borrowed 20,000 yuan, there is no evidence to prove that the defendant Zhang Li with the two sums of money lent; second is the account name of Li XX of the Industrial and Commercial Bank of China personal business vouchers show that on February 28, 2008 and June 6, 2008 deposits of 20,000 yuan, the two vouchers can only prove that Li XX's bank card in the above date deposited 40,000 yuan of money, the same can not prove that Li XX's bank card in the above date. 40,000 yuan, the same can not prove that the defendant Zhang Li is with the two money deposited, and the date and Zhang Li private remittance of more than two money time difference of a few months, so can not be identified; third is the witness Han X (Department of Zhang Li's coworkers) of the testimony: about Zhang Li advance money, it was in 2006, due to the past few years, the specific details of the past, I do not remember, under the impression of the time when I held a unit of the methane construction meeting. Conference, during which Zhang Li advanced 13,000 yuan. This testimony proves that the content is vague, uncertain, also can not prove that Zhang Li with the money involved in the case to return the energy office owed him 13,000 yuan. In summary, the four pieces of evidence submitted by the defense are inadmissible.
This court believes that the defendant Zhang Li as a state organ staff, use their positions, the public **** property for their own, their behavior has constituted the crime of embezzlement, the public prosecution authorities accused of the crime, this court shall support. Defendant Zhang Li and his defense point of view and the facts identified in the trial is inconsistent, not adopted. In accordance with the provisions of the Criminal Law of the People's Republic of China, Article 382 (1), Article 383 (1) (2), the verdict is as follows:
One, the defendant Zhang Li committed the crime of embezzlement and was sentenced to a fixed-term imprisonment of five years and six months.
(The term of imprisonment shall be calculated from the date of execution of the judgment. If she is detained before the execution of the sentence, one day of detention shall be credited as one day of imprisonment, i.e., from May 22, 2009 to November 21, 2014.)
Second, the defendant Zhang Li stolen money shall be recovered and surrendered to the state treasury.