How to write the plea of not guilty of fraud?

Dear presiding judge and judge: Entrusted by Wang's close relatives and with Wang's consent, a law firm in Shandong appointed me as its first-instance defender. After accepting the entrustment, the defender met with the defendant in accordance with the law, read the relevant files in detail, and gained a deeper understanding of the case through the trial. Based on the facts and evidence of relevant cases, the following defense opinions were issued: the defender defended the defendant Wang Moumou, and the crime was minor, so the punishment should be mitigated; The defendant Wang Moumou has the following statutory or discretionary mitigating circumstances, and the punishment should be mitigated. (1) Defendant Wang Moumou has rendered meritorious service. Fact basis: After the defendant Wang Moumou was arrested by the public security organs on June 28th, 20 10, he truthfully confessed his criminal history with other accomplices, and provided all the information of the other two defendants, such as photos, real names, mobile phone numbers, addresses, etc., and actively cooperated with the public security organs to arrest the other two defendants, so that the case could be solved in time and the financial situation of the victim Zhong could be improved. According to the provisions of Article 5 of the Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Laws in Handling Cases of Surrender and Meritorious Service and Article 5 of the Supreme People's Court's Opinions on Several Specific Issues Concerning Handling Cases of Surrender and Meritorious Service, the defendant Wang Moumou should be deemed to have performed meritorious service. (2) The defendant Wang Moumou played a secondary role in the joint crime, and his behavior could not directly lead to the criminal result alone, which was secondary and auxiliary, and the circumstances were not serious. Secondly, the factual reason is: 1, the secondary role of criminal intervention. According to the interrogation transcripts of the victim Zhongmou and the defendants Wang Moumou, Huang Moumou and Cen Moumou, the defendant Cen Moumou kept in touch with the victim Zhongmou from XXX to XXX and gained the trust of the victim Zhongmou. The defendant Wang Moumou and the victim Zhong did not know each other before. Later, after Wang met Cen Moumou and Huang Moumou, in XXX, Cen Moumou told Wang Moumou and Huang Moumou that they knew a certain district in XXX. Wang Moumou was accidentally involved in this crime after he knew Cen Moumou and Huang Moumou. It is an accidental crime and plays a secondary intervention role. 2, the auxiliary role of criminal behavior. In terms of criminal behavior, according to the victim Zhong's "Inquiry Record", the defendant Wang Moumou only called twice and did not often contact the victim. Instead, the defendant, Cen Moumou, kept in touch with the victim, opened two bank accounts, and notified the victim of four remittances by SMS, telephone and other means. After the victim remitted the money, the money was always dominated by Cen Moumou and Huang Moumou, and the defendant Wang Moumou had no right to control the above funds, so he played a secondary role in the behavior. 3. The secondary role of allocating the stolen amount. (1) The negotiation of distribution mode is secondary. Judging from the prosecution opinions of the public security organs, all three people got the same 60,000 yuan. Actually, it's not. Wang did not get 60,000 yuan because the withdrawal card was always in the hands of Zeng and Huang, and the defendant Wang did not live with the other two defendants. There is no consultation and exchange of interests with others; (2) In terms of discourse power, the mode of distribution is secondary. Every time the money is divided, it is proposed by Yan Moumou or Huang Moumou. In the way of distribution, the defendant Wang Moumou obviously has no right to speak; In addition, the amount of money obtained from it can also prove its auxiliary function. Basis: (1) Article 3/kloc-0 of Several Opinions of the Supreme People's Court on Carrying out the Criminal Policy of Tempering Justice with Leniency stipulates that the position and role of the defendant in the joint crime of * * *, as well as the difference between subjective malignancy and personal danger, should be fully considered, and the principal and accessory should be identified according to the facts and evidence. If there is more than one principal offender, the principal offender should be further distinguished from the most serious principal offender. In the case of multiple defendants * * * killing a victim, it is necessary to further distinguish the roles of the defendants, accurately identify the guilt of each defendant, and treat them differently. (2) Paragraph 10 of Article 3 of the Implementation Rules for Guiding Opinions of People's Courts on Sentencing (Trial) issued by Shandong Higher People's Court. * * * If there are more than two principals in the same crime or it is not appropriate to distinguish between principals and accomplices, the benchmark punishment can be reduced by less than 20% for those with relatively small impact. (3) The defendant Wang Moumou is a first-time offender and an occasional offender; Fact: Wang is a first-time offender and has not received criminal punishment. He should be regarded as a first-time offender. At the same time, under the influence of Cen Moumou, he participated in the crime, which is an occasional crime. Basis: Article 19 of Several Opinions of the Supreme People's Court on Implementing the Criminal Policy of Tempering Justice with Leniency. For first-time offenders and minor offenders, we should comprehensively consider the motive, means, plot, consequences and subjective state of the crime, and give a lighter punishment as appropriate. (4) The defendant, Wang Moumou, pleaded guilty in court, with a good attitude of pleading guilty; Wang voluntarily confessed all the behaviors he participated in. In order to cooperate with the investigation by the public security organs, and at the same time, Wang expressed regret for his actions, and wrote a letter of pleading guilty to ensure that it would not be repeated. He also repeatedly told the public security organs and public prosecution organs that he would not do anything that violated the law and discipline. Basis: Article 23 of Several Opinions of the Supreme People's Court on Implementing the Criminal Policy of Tempering Justice with Leniency. If the defendant actively compensates the victim after committing a crime and pleads guilty and repents, it can be considered as a discretionary sentencing circumstance according to law. (5) Defendant Wang Moumou actively compensated the victim and obtained the victim's understanding; On August 9, 20 10, Wang entrusted the public security organ to pay 83,666 yuan to the victim Zhong, and compensated the victim in full according to the illegal money he obtained. Obtained the understanding of the victim. On August 30th, 20 10, the victim Zhongmou issued a letter of understanding, and "hoped to treat the three people lightly in order to save lives." Basis: Article 23 of Several Opinions of the Supreme People's Court on Implementing the Criminal Policy of Tempering Justice with Leniency. If the defendant actively compensates the victim after committing a crime and pleads guilty and repents, it can be considered as a discretionary sentencing circumstance according to law. (6) It is suggested to apply probation to the defendant Wang Moumou. The Supreme Court 1996 judicial interpretation stipulates that the joint crime of fraud shall be punished according to the amount of the perpetrator's participation in the joint crime of fraud and the circumstances of the perpetrator's position, role and illegal income in the joint crime of fraud. Article 72 of the Criminal Law For criminals sentenced to criminal detention or fixed-term imprisonment of not more than three years, according to the criminal's criminal circumstances and penitence, if probation does not harm society, probation can be declared. Wang committed a minor crime and showed remorse. That probation will no longer harm society. Therefore, it is suggested to apply probation to it. Finally, the defender believes that the defendant Wang Moumou was confused and violated the criminal law, and the circumstances of the crime were minor, which played a secondary role in the joint crime. He is a first-time offender and an occasional offender, with meritorious service, good attitude towards confession and sincere attitude towards repentance. Repay the victim's fraud amount in full, actively compensate the victim's economic losses, and consider that he has made meritorious deeds, a good attitude towards confession, sincere repentance and other statutory lighter and mitigated circumstances. At the same time, the defendant Wang Moumou meets the statutory conditions for probation, and it is suggested that the collegial panel apply probation to him to reflect the criminal policy of combining leniency with severity. I urge the collegial panel to give full consideration to the above defense opinions. For the crime of fraud, if it has been sent to court for prosecution, it is generally difficult to plead not guilty. Because the public security organs and procuratorates have mastered sufficient evidence to prove that they have committed crimes. If it is necessary to plead not guilty, it is best to compensate the victim before the trial, get the victim's understanding and cooperate with the relevant investigation by the public security organs, so as to get a reduced sentence or handle it as appropriate in the sentencing process.