Chapter 457
It's a little hard to explain
Author: Snow Yinghong Plum
It's a little hard to explain
After that, Zhou Yingqi sued the court for divorce. In order to show love, Zhao Xiaojie promised to go through the divorce procedures with his wife immediately and get married to her after the divorce. In order to gain Zhou Yingqi's trust, he also handed over a bank card to Zhou Yingqi and transferred his salary, bonus and other income into the card for her to use.
At the beginning of 2011, the leadership of the group company was adjusted. Zhao Xiaojie wanted to win the position of assistant general manager, so he found Zhou Yingqi and asked her to use her position to say hello to the relevant leaders of the company to seek improper benefits for him in his promotion. For this reason, Zhao Xiaojie gave her 1.88 million yuan and asked her to help her manage the situation. After that, Zhao Xiaojie got the position of assistant general manager as he wished.
In March 2011, Zhao Xiaojie filed a divorce in court. During this period, Zhou Yingqi wanted to buy a house. Because it was not convenient to transfer money to Zhou Yingqi during the lawsuit, Zhao Xiaojie borrowed 3.1 million yuan from his friend and transferred it to Zhou Yingqi's bank card for his use.
In early 2013, Zhao Xiaojie was transferred to his subsidiary as deputy general manager. In July of the same year, Zhao Xiaojie instructed his subordinates to illegally operate the project, resulting in the partner cheating of more than 50 million cultural projects invested by the subsidiary by his partner. Then the public security organs intervened and began to investigate the related projects. The company immediately carried out internal investigations.
Because he was afraid of being held accountable, Zhao Xiaojie asked Zhou Yingqi to help deal with the matter. Zhou Yingqi found the relevant person in charge of the group to plead for Zhao Xiaojie and informed Zhao Xiaojie of all the information he learned about attending the relevant meeting.
Finally, the company held Zhao Xiaojie lighter in handling the incident, criticized him and deducted all his year-end bonuses.
In November of the same year, Zhao Xiaojie transferred 1.2 million yuan to Zhou Yingqi in three consecutive times.
After the two confirmed their relationship with their lover, Zhao Xiaojie sued for divorce three times at the urging of Zhou Yingqi, but they were rejected by the court.
In June 2014, in order to compensate Zhou Yingqi, Zhao Xiaojie took out another 2 million yuan and transferred it to Zhou Yingqi through money.
After that, Zhou Yingqi discovered that Zhao Xiaojie was getting more and more greedy and had a bigger temper. In the end, the two made a big fuss and ended their relationship with each other.
At the end of 2015, Zhao Xiaojie was reported because he looked too ugly. Zhou Yingqi was later arrested.
"According to your statement, only 1.88 million out of these 80 million is the amount you received from Zhao Xiaojie's request. The rest is the amount paid to you by Zhao Xiaojie to maintain his lover's relationship with you, right?" Fang Yi said.
"Yes. I understand that's it." Zhou Yingqi nodded.
"From a time perspective, your statement will make people have reasonable doubts. If you were cheated about the cultural project, you helped Zhao Xiaojie deal with the matter later. After the matter was settled, he gave you three more money, one for 400,000, one for 500,000, and one for 300,000. These three moneys are very easy to make people associate and are a little confused.
The procuratorate will definitely think that these three sums of money are the benefits you give to you when you do things for him. According to you, these three sums of money have nothing to do with the fraud of cultural projects, and it is indeed a bit difficult to explain." Fang Yi said.
"But these three sums are indeed the money that maintains the relationship between us, not the benefit fee." Zhou Yingqi defended.
"How is your relationship with your husband now?" Fang Yi asked suddenly.
"We have divorced a long time ago. The first time we went to the court, but the court did not make a judgment. Later, we had a cold war for nearly half a year, and finally reached an agreement to go through the divorce procedures." Zhou Yingqi said lightly.
"Do your parents know?" Fang Yi asked.
"They don't know. My parents opposed our divorce at that time, so I didn't tell them after the divorce." Zhou Yingqi said.
"How much do you have to do with Zhao Xiaojie?" Fang Yi asked.
"I have been waiting for him to divorce, and my wedding room is ready. We basically have food and accommodation together, and his income is all placed here. There is only one certificate between us." Zhou Yingqi said expressionlessly.
"When did you start living together?" Fang Yi said.
"After he filed for divorce, we lived together until the lover relationship ended." Zhou Yingqi said lightly.
"Well, let's study it and see if the defense is appropriate from that angle. Let's talk about the 300,000 yuan given to you by Jiayue Company. What's going on with this 300,000 yuan?" Fang Yi asked.
"Our company has a supplier, a technology company, which is very famous in the local area. We buy goods every year. Because of our business relationship, I know the boss of that company and have a good relationship with their general assistant.
Zhao Xiaojie knew that I had a good relationship with the general assistant of that technology company, so he asked me to say hello to the general assistant to help Jiayue Company.
Zhao Xiaojie's niece Zou Jia studied English, and the colleges she graduated were relatively ordinary, so she never found a suitable job. Her niece Zhao Yue was not good at studying and got a college degree. She used to do business in a small company.
In fact, Jiayue Company was jointly organized by Zhao Xiaojie and his niece. Zou Jia is the legal representative and Zhao Yue is the general manager. Jiayue Company wants to do business with a technology company, but Zhao Xiaojie is not worthy of face and people ignore him, so he found me and asked me to help." Zhou Yingqi said.
"Did Jiayue Company get business from a technology company later?" Fang Yi asked.
"Well, under the arrangement of the general assistant, it is said that he has obtained a lot of good business. Later, in order to thank me for my help, Zhao Xiaojie gave me 300,000 yuan, saying that it was given by Jiayue Company." Zhou Yingqi said.
"Did you take the initiative to confess these funds or were they found?" Fang Yi asked.
"It was they who found it. After I was arrested, they put a stack of bank transfer records in front of me. The more than 8 million were found. It took too long for me to remember it." Zhou Yingqi said.
"How did you deal with the money you just mentioned?" Fang Yi asked.
"I bought two houses, one in this city and one in the capital. I also bought a car." Zhou Yingqi said.
"Did Zhao Xiaojie give you money by buying a house and car purchase?" Fang Yi asked.
"The money he gave me for the three-bedroom apartment in this city. About one-third of the purchase price of the house in Beijing is his money, and the rest is my own money. The car was bought with his money.
These two houses have been sealed off and the car has been detained. Will they all be recovered?" Zhou Yingqi asked with concern.
"According to Article 64 of the Criminal Law, all property illegally obtained by criminals shall be recovered or ordered to be refunded.
In judicial practice, the principle grasped by judicial organs is to prevent the defendant from making profits from the crimes, and the illegal gains and benefits of criminals should be recovered together.
For illegal gains, the original item should generally be recovered.
I gave you an example and you will understand. If Zhao Xiaojie gave you a house, the judicial authorities will recover the house. Moreover, in recent years, the price of houses has grown rapidly, and the value of the house during seizure may be several times or more than ten times the market price at the time of acceptance. However, in judicial practice, the amount of bribes is generally determined based on the value of the house when the defendant accepted the house.
However, when pursuing, not only should the value of the house received at that time be recovered, but the house itself will also be recovered. In other words, the amount of bribes is determined according to the house price at that time, but all the property must be recovered.
If the house is sold after receiving it, if the buyer obtains it in good faith, the court will recover the sale payment obtained by the defendant.
Your situation is different from the above situation. It is a purchase of a house after receiving the money, which is another situation." Fang Yi explained.
Chapter completed!