Chapter 169 Female Prosecutor
As the female prosecutor's voice fell, the prosecutor's evidence on Morimoto's second crime was also read out. Compared with the first time the prosecutor's office provided evidence, the evidence presented by the prosecution this time was more rigorous, interlocking, and more detailed.
It is difficult to refute. Among the pieces of evidence presented here, it is clear that Morimoto defrauded public research funds and used them to pay excessive performance wages.
Chigako sat back on the prosecutor's seat, raised her chin slightly, and looked at the defense lawyer opposite. She didn't believe that Kitahara lawyer could still refute like last time. In today's court hearing, she wanted to be thorough.
Defeat Morimoto's lawyer and let the defendant be severely punished under national law!
Many eyes in the court suddenly focused on the defense table. Yuuki was sitting in the corner of the auditorium. Seeing this scene of the trial, even as an investigator, she felt the strong pressure from the prosecutor.
.She couldn't help but wonder how the Beiyuan lawyer would defend the defendant.
Under the gaze of everyone, the defendant's male lawyer stood up from the defense table. He was seen adjusting his tie, and then took steps. The next second, Beihara's voice was heard: "Defender
, we now issue cross-examination opinions on the prosecutor’s first set of evidence.”
I don’t know why, but the female prosecutor just now exuded a strong oppressive aura. However, the defense lawyer just said one sentence, and the entire court became silent. There was actually something in the voice of this young male lawyer.
It seemed to carry an indescribable majesty.
Beihara held a booklet in his hand and slowly opened it and showed it in front of everyone, "Chief referee. This is the Articles of Association of Cangqiao Electronic Instrument Co., Ltd., the company involved in the case. Chapter 6 - 'Company Salaries
Article 35 of the system clearly stipulates that the performance salary of researchers must be reported to the remuneration committee for discussion and decision before it can be paid."
"That is to say, the performance appraisal results of the researchers of the companies involved must first be submitted to the remuneration committee for discussion. The committee will review the performance of each researcher and confirm that it has indeed met the standards before it can issue performance bonuses based on the reported results.
salary."
"In other words, although the defendant Morimoto serves as the research executive manager of the company involved in the case. Although he is responsible for the payment of corporate wages, according to the company's articles of association, it is the remuneration committee that has the final power to decide matters, not me, the defendant Morimoto. The prosecutor only
Since the defendant Morimoto holds the position of research executive manager, it can be concluded that Morimoto, as the company’s general person in charge of salary payment, has a wrong understanding of the facts and is inconsistent with the existing evidence and materials in this case!”
When Chigako heard this, she immediately stood up and said tit for tat: "The "Project Research Cooperation Agreement" signed by the Faculty of Engineering of Kyoto University and Kurahashi Corporation has been clearly written. Article 20 of the agreement has stated that both parties
It was negotiated that a person should be appointed as the research execution manager and be responsible for the payment of bonuses. The defense lawyer used the so-called terms of the company's articles of association to determine Morimoto's authority, which is inconsistent with the facts."
Chigako had noticed this provision of the company's articles of association a long time ago, so she was fully prepared. Now that she saw that the defense lawyer's offensive ideas were within her expectations, she couldn't help but feel more confident.
The female prosecutor continued: "Although the company's articles of association also stipulated the authority for salary payment. However, before this, Cangqiao Club was not an industry-research joint venture. Its articles of association only stipulated that
General affairs. When it comes to industry-research cooperation matters, the specially signed "Project Research Cooperation Agreement" should prevail, not the company's articles of association!"
Chigako launched a fierce counterattack against Kitahara. Indeed, if the company has special regulations on industry-research cooperation matters, then the special regulations should apply, not the general articles of association.
When Kitahara heard these words, he just smiled and said: "Chief referee. I would like to draw the court's attention to Article 56 of the "Project Research Cooperation Agreement." Among them, Article 56 clearly stipulates that Kurahashi Club
After transforming into an industry-research joint venture, its board of directors and supervisors should be composed of no less than two-fifths of university personnel. Article 57 further stipulates that Cangqiao Club shall hold a meeting for specific provisions of the project research cooperation agreement.
The shareholders' meeting will convert the provisions in the agreement into the company's articles of association and further improve the details to be added."
"The provisions of the company's articles of association regarding the remuneration committee's performance-based pay for researchers do not exist in the original version of the articles of association. The article of articles of association cited by the defender just now was agreed upon by the shareholders' meeting after Cangqiao Corporation was transformed into an industry-research joint venture.
Adopted changes to the Articles of Incorporation.”
"Therefore, the establishment time of the provisions on the performance salary payment of researchers in the company's articles of association is later than the time when the agreement is signed. According to Article 57 of the agreement just mentioned, this part of the articles of association is a violation of the "Project Research Cooperation Agreement"
Supplements and refinements, rather than general affairs regulations. Therefore, for Morimoto’s judgment of authority, the provisions of the company’s articles of association should apply!”
Chigako was stunned for a moment.
Her eyes stayed on the company's articles of association in front of her.
After Kitahara said this, she suddenly discovered a major flaw in her evidence. Although she had guessed that the other party's lawyer would attack from the company's articles of association, she did not even compare the different historical versions of the company's articles of association.
Directly follow the provisions of the "Project Cooperation Agreement" regarding the authority of the research execution manager.
Chigako's back was already covered in cold sweat.
She...she actually made the same mistake again.
Chigako felt her heart beating faster, but the spiritual thought in her heart told her that she should calm down. She must calm down. As long as she calms down, she can find a way to defeat the lawyer on the other side. Iwanaga next to her is also worried about Chigako.
His eyes signaled her to calm down and not to be disrupted by the lawyer.
Chigako's eyes quickly scanned the materials in her hand, and she spoke again: "Chief referee, for the specific operation of the company's system, we not only need to see how it is stipulated on paper, but also how it is actually run.
So what."
"According to the "Explanation on Morimoto's Employment Status" submitted by Kurahashi Corporation, it has been mentioned that since judging the performance of researchers' scientific research achievements is a review activity that requires a high degree of professional knowledge, the evaluation results of the remuneration committee mainly refer to the research executive manager
suggestions are given.”
"In other words, even if we take a step back and admit that the defense lawyer said that the terms of the company's articles of association should prevail. However, considering the complexity of scientific research performance evaluation, in fact, the remuneration committee mainly bases its judgment on the views of the research executive manager.
Given the payment of performance wages. Therefore, the prosecution’s factual characterization of Morimoto as the general person in charge of salary payment matters at Kurahashi Enterprises is not wrong and is in line with the true situation of the company involved. What the defendant’s lawyer said is inconsistent with the actual operation of the company!
"
Chapter completed!