20 1 1 zhangjiagang city court made a criminal judgment of 20 10, and found that Han mingkun defrauded 8 million yuan and was sentenced to 10 years and 6 months in prison. Han Mingkun entrusted Xie Tongxiang to appeal, and Suzhou Intermediate People's Court adopted Xie Tongxiang's defense opinion and issued 20 1658.
Judicial precedent of contract fraud
Jiangning District People's Court of Nanjing criminal judgment (20 1 1) Jiangning Criminal Word Public Prosecution Organ: Jiangning District People's Procuratorate of Nanjing. Defendant Cao, male, born in Hebei Province 1982, Han nationality, legal representative of Nanjing XXX Co., Ltd., registered in Hebei Province, and now lives in Gulou District, Nanjing. He was detained on 20 1 1 for this case and was arrested on 3 1 in May of the same year. He is currently being held in Jiangning District Detention Center in Nanjing. Defender: Zhuang Ronghua, lawyer of Jiangsu Gefei Law Firm. The People's Procuratorate of Jiangning District, Nanjing accused the defendant Cao of contract fraud with the indictment of Jiangning Prosecutor 20 1 1, and filed a public prosecution with our hospital on July 27th, 201. On the same day, our hospital filed a case and applied summary procedure according to law, and heard the case publicly. Defendant Cao and his defender Zhuang Ronghua attended the proceedings in court. The trial is now over. The People's Procuratorate of Jiangning District, Nanjing accused the defendant Cao of signing a cooperation agreement with Zhuang on June 1 2065 on the grounds of falsely introducing the waterproof project of a college in Nanjing to Zhuang, and defrauding Zhuang of RMB 30,000 on the grounds that he needed to pay a down payment. During the trial, the defendant Cao returned the victim Zhuang with RMB 5,000. The above facts are confirmed by the defendant Cao's statement in court, cooperation agreement, receipt, business license, bank card inquiry remittance notice, case solving and arrest process, household registration information and other evidence. Our court believes that the defendant Cao defrauded the other party's property for the purpose of illegal possession in the process of signing and performing the contract, and his behavior has violated the criminal law and constituted the crime of contract fraud. The accusation of the public prosecution agency was established and adopted by this court. Defender's defense opinion that the defendant Cao pleaded guilty after he was brought to justice, was a first-time offender, returned part of the stolen money, and could be given a lighter punishment as appropriate was established and adopted by our court. In order to maintain the management order of market economy and protect fair property rights from infringement, according to the provisions of Item (5) of Article 224 of the Criminal Law of People's Republic of China (PRC), the defendant Cao was convicted of contract fraud, sentenced to one year's imprisonment and fined RMB 5,000. If you refuse to accept this judgment, you can put forward the above opinions through our hospital or directly to the Intermediate People's Court of Nanjing City, Jiangsu Province within ten days from the second day of receiving the judgment. If a written appeal is filed, one original and two copies of the appeal shall be submitted. Jiangning District People's Court of Nanjing Municipality
20 1 1 Aug. 2, 2008