Jindong district People's Court, Jinhua City, Zhejiang Province
criminal judgement
(20 12) Jin Dongxing Zi Chu No.301
Jindong district People's Procuratorate, Jinhua City, Zhejiang Province.
Defendant Shen Jia, male, born on10.7, 1980 165438, Han nationality, with education level, was originally an assistant judge in Yongchang Court of Lanxi People's Court, and later transferred to the deputy mayor of Xiangxi Town People's Government of Lanxi City. On March 26th, 20 12, he was criminally detained by Lanxi People's Procuratorate, and was arrested according to law on April 9th of the same year.
Defender Zhang Moumou, lawyer of Zhejiang A Law Firm.
Defendant Ye Jia, male, born in1976/kloc-0 10 on 2 October, Han nationality, educated university, was originally a lawyer of Zhejiang Xiyuan Law Firm. Because of this case, he was criminally detained by Lanxi Public Security Bureau on 20 12 18, and was arrested according to law on February 24th of the same year.
Defender Wang Moumou, lawyer of a C Law Firm.
Defender Ni Moumou, lawyer of a second law firm in Zhejiang.
Defendant Jiang Jia, male, born on June198465438+February 1 1, Han nationality, junior high school education, was originally the head of Yahong Building Materials Factory in Yongchang Town, Lanxi City. Because this case was released on bail pending trial by Lanxi Public Security Bureau 20111130.
Defendant Bao Moumou, male,1born on February 6, 980, Han nationality, educated university, unemployed. On February 20th, this case was released on bail pending trial in Lanxi Public Security Bureau.
The People's Procuratorate of Jindong District of Jinhua City accused the defendants, Ye Jia, Jiang Jia and Bao Moumou of the crime of perverting the law with the indictment No.263 of Jinhua Criminal Inspection Zi (20 12), and filed a public prosecution with our court on September 29th, 20 12. A collegial panel was formed in our hospital according to law, and the trial was held in public on 20 12122. The People's Procuratorate of jindong district, Jinhua City appointed prosecutor Zheng Ling to appear in court to support the public prosecution. The above-mentioned defendants and defenders attended the proceedings. The trial is now over.
The public prosecution agency accused: From June 5438 to February 2009, the defendant Jiang Jia obtained relevant suggestions and specific operation methods from the defendant Shen Jia through the defendant Ye Jia in order to keep the sealed assets of Yahong Building Materials Factory in Yongchang Town, Lanxi City. Defendant Ye Jia asked Shen to personally prosecute the case, and told him that most of the debts in the case were false, and promised to give benefits after the case was closed. Later, Ye Jia, together with Jiang Jia and Bao Moumou, inflated Jiang Jia's loan from Bao Moumou from 6,543,800 yuan to 5 million yuan, and Ye Jia drafted a loan mortgage agreement of 5 million yuan. Shen Jia also gave guidance and suggestions on the situation. Ye Jia also provided an application for lifting the property preservation of the factory, and the seizure was lifted through Shen Jia. To this end, the defendants Ye Jia, Jiang Jia and Bao Moumou went to the relevant departments to handle the loan mortgage formalities of 5 million yuan. During this period, the defendants Ye Jia, Jiang Jia and Bao Moumou hosted banquets for many times, and Jiang Jia gave 20,000 yuan for car purchase and more than 2,000 yuan for car decoration. After that, the four defendants of Yongchang Court discussed countermeasures. The fake loan case was opened in June 20 10, and the facts were judged. Because others suspected the complaint, the case was finally committed. After the incident, the defendants Jiang Jia and Bao Moumou surrendered themselves to the procuratorate. On July 26th, 20 10, Ye Jia received a refund of RMB 20,000 from Shen Jia, but did not return it to Jiang Jia.
The above facts include documentary evidence, witness testimony, defendant's confession and excuse, search record and detection process.
The public prosecution agency believes that the defendants, Ye Jia, Jiang Jia and Bao Moumou * * * have committed the crime of perverting the law in civil cases, and the circumstances are serious. The criminal responsibility of the four defendants should be investigated for the crime of perverting the law. Among them, the defendants Jiang Jia and Bao Moumou played an auxiliary role in the joint crime of * * *, and they were accomplices. Punishment should be given a lighter or mitigated according to law. To sum up, it is submitted to our hospital for sentencing according to law.
Defendant Shen Jia had no objection to the indictment accusing him of crimes, but thought that defendant Ye Jia did not give him any benefits. At that time, they said that the real debt was more than 3 million.
Defendant Ye Jia had no objection to the indictment accusing him of committing a crime, but thought that he had returned the 20,000 yuan car purchase money refunded by Shen Jia to Jiang Jia afterwards.
Defendant Jiang Jia has no objection to the accusation in the indictment, and thinks that the inflated loan was proposed by Ye Jia.
Defendant Bao Moumou had no objection to the allegations in the indictment, and believed that his participation was mainly to preserve his creditor's rights against the Chiang family.
Defender of defendant Shen Jia suggested that Ye Jia never told Shen Jia that most of the debts were false and promised to give benefits. Afterwards, I didn't discuss the countermeasures with Shen Jia's office; Due to subjective misunderstanding, Shen Jia thinks it is his own deception, which has nothing to do with himself; Leaf beetle plays an important role in the specific operation; The case did not cause significant economic losses; Shen Jia's guilty attitude is good, and he is a first-time offender. In a word, he asked for a lighter punishment and a suspended sentence.
Defender of defendant Ye Jia suggested that Ye Jia was not the initiator of this case; It is not Ye Jia who promised to benefit Shen Jia, but Jiang Jia. Twenty thousand Ye Yuan Jia has been returned to the Chiang family; Accusing * * * of discussing countermeasures is untrue; In this case, Jiang Jia and Bao Moumou were found guilty of perverting the law in the civil judgment. Because they did not participate in the judgment, the indictment identified them as accomplices, which virtually enhanced Ye Jia's role in sentencing. Afterwards, Ye Jia withdrew the power of attorney information and had a "brake" in his heart; The conviction in this case is serious, but the actual social harm has been reduced. After the incident, the guilty attitude was also good, and there was repentance. I ask for a lighter punishment and a suspended sentence.
It was found through trial that the defendant Jiang Jia transferred the assets of Yahong Building Materials Factory in Yongchang Town, Lanxi City (hereinafter referred to as Yahong Building Materials Factory) to others. Due to the large debts between the factory and the Jiang family, the Jiang family obtained the relevant negotiation of the defendant Shen Jia through the defendant Ye Jia at the end of 2009, which is the so-called mortgage priority. During this period, the defendants Ye Jia, Jiang Jia and Bao Moumou hosted banquets for many times, and Ye Jia and Jiang Jia also asked to take care of this case, which would be "beneficial". At the same time, at the instigation of the defendant Ye Jia, Jiang Jia, through his friend and creditor, namely the defendant Bao Moumou, planned to increase the creditor's rights and debts with the original interest of 6,543,800 yuan to 5 million yuan, and then Ye Jia drafted a loan mortgage agreement of 5 million yuan, from which the defendant also instructed. As the property of Yahong Building Materials Factory has been sued by the creditor and He Mou for seizure (which has been concluded by), the defendant Ye Jia used his identity as a specially authorized agent in the lawsuit of He Mou to provide an application for lifting the seizure in the name of He Mou. Therefore, Shen Jia, the defendant, cancelled the land use right of Yahong Building Materials Factory and sealed up the property on 20 10/25/0. Defendant Ye Jia also accompanied defendants Jiang Jia and Bao Moumou to the relevant departments to apply for a loan mortgage of 5 million yuan, so as to obtain the priority of compensation.
On March 1 2065438, Shen Yi sued the defendant Jiang Jia to repay the loan of 900,000 yuan to Lanxi People's Court and sealed up the property of Yahong Building Materials Factory. Therefore, the defendant Ye Jia, as the litigation agent of Bao Moumou, also sued Yongchang Court of Lanxi People's Court for inflating the loan target by 5 million yuan. Shen Jia paid 20,000 yuan for this car, and presented more than 2,000 yuan worth of car decorations through Ye Jia. Defendant Shen Jia made a formal investigation after receiving the court case, and held a court session with his accomplices, and confirmed the judgment of "mortgage priority of 5 million yuan" on 20 10. Suspecting that the case was false, in order to cover up the facts, the defendants Ye Jia, Jiang Jia and Bao Moumou changed the signatures of relevant agency materials and procedural materials in the case file. 20 10 on July 26th, the defendant Shen Jia remitted 20,000 yuan to Ye Jia for a refund, but the defendant Ye Jia did not return it to Jiang Jia.
Defendant Bao Moumou applied to Lanxi People's Court for enforcement of this case at the end of July of the same year. During the execution, Shen Yi appealed to Lanxi People's Procuratorate, and the case was finally filed. After the incident, the defendant Jiang Jia surrendered himself to the Lanxi City Procuratorate; Defendant Bao Moumou surrendered himself to Lanxi Public Security Bureau.
Lanxi Public Security Bureau detained the defendant Ye Jia at RMB 20,700. Defendant Shen Jia withdrew 2000 yuan from our hospital for car repair.
The evidences confirming the above facts are: 1, the confessions and excuses of the defendants Shen Jia, Ye Jia, Jiang Jia and Bao Moumou, among which Ye Jia and Jiang Jia all confessed that it was beneficial to tell them that there would be something to do, and Bao Moumou also confirmed that Jiang Jia had said. The Chiang family also confessed that I didn't know that Shen Jia paid Ye Jia 20,000 yuan and Ye Jia didn't pay me back, but Ye Jia confessed that the Chiang family borrowed 50,000 yuan from him in June of 20 10. 2 documentary loan mortgage agreement, civil complaint, agency contract, civil judgment, ruling, etc. 3. Testimonies of witnesses, Jiang Yi, He Mou, Yin Mou and others. 4, exploration records, burning CDs, seizure list; 5. The identity materials of the four defendants and the detection process.
The court held that the defendant Shen Jia, as a judicial officer, deliberately violated the facts and legal procedures to pervert the law in civil trial activities for personal gain, and the circumstances were serious, which constituted the crime of perverting the law in civil and administrative trials. Although the defendants Ye Jia, Jiang Jia and Bao Moumou are not judicial staff, they conspired with judicial staff to participate in the civil judgment of bending the law, and should be treated as the same crime, which has constituted the crime of bending the law in civil and administrative judgments. Among them, the defendants Jiang Jia and Bao Moumou played an auxiliary role in the joint crime of * * *, were accomplices, and surrendered themselves after the incident, and our hospital will give them a lighter punishment. The accusation of the public prosecution agency is established and our court supports it according to law. According to these evidences, the defendant Shen Jia and his defenders believe that "no promised interest" is not established; Defendant Ye Jia and his defenders believe that the statement that Jia 20,000 yuan has been returned to Jiang Jia is not valid. The court will impose a sentence according to the circumstances of the crime and the guilty attitude of each defendant. According to the second paragraph of Article 399, the first paragraph of Article 25, the first paragraph of Article 26, the first paragraph of Article 27, the first paragraph of Article 67, the first paragraph of Article 72, the second paragraph of Article 73, the third paragraph of Article 64 of the Criminal Law of People's Republic of China (PRC), the verdict is as follows:
1. Defendant Shen Jia was sentenced to two years and six months in prison for committing the crime of perverting the law in civil and administrative cases. (The term of imprisonment shall be calculated from the date of execution of the judgment; In case of detention before the execution of the judgment, one day of detention shall be reduced to one day of fixed-term imprisonment, that is, from March 26th, 20 12 to September 25th, 20 14).
Defendant Ye Jia was convicted of perverting the law in civil and administrative cases and sentenced to two years and four months in prison. (The term of imprisonment shall be calculated from the date of execution of the judgment; In case of detention before the execution of the judgment, one day of detention shall be reduced to one day of fixed-term imprisonment, that is,1October 20 12 18 to May 20 14 17).
Defendant Jiang Jia committed the crime of perverting the law in civil and administrative cases and was sentenced to one year and six months in prison, suspended for two years. The probation period of probation shall be counted from the date when the judgment is determined.
Defendant Bao Moumou committed the crime of perverting the law in civil and administrative cases and was sentenced to one year in prison, suspended for one year and six months. The probation period of probation shall be counted from the date when the judgment is determined.
2. Defendant Ye Jia accepted the illicit money of 20,000 yuan returned by Shen Jia, which has been recovered and confiscated according to law, and was turned over to the state treasury by Lanxi Public Security Bureau in Ye Jia; The 2000 yuan stolen money returned by the defendant Shen Jia was confiscated and turned over to the state treasury.
If you refuse to accept this judgment, you can appeal to the Intermediate People's Court of Jinhua City, Zhejiang Province through our court or directly 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.