Chapter 185 Downstream
Chigako was not willing to give in. Her pride as a prosecutor did not allow her to lose in front of this lawyer. If the past failures could be used as an excuse, the other party had the assistance of the Accounting Inspection Service.
, so now that the other party has lost the help of the Accounting Inspection Agency, I have no reason to retreat.
"No matter how much the defendant's lawyers argue, Morimoto has signed the approval form. Moreover, the machinery subsidies involved in the project have been paid out, and the public funds of the city hall have been misappropriated. Morimoto's behavior, no matter how it is concealed, is real.
Corruption!"
"Oh?" Kitahara sneered and stepped forward to ask, "Then, prosecutor, please tell me in detail what kind of model this eucalyptus's precision machinery subsidies are, and how it made my client commit corruption.
offense?"
Chigako took a few steps forward and said: "The precision machinery subsidy model involved in the project can of course prove Morimoto's corruption without a doubt. Kumada Tachimoto Machinery Co., Ltd. conducted false precision machinery sales in Kyoto. Among them, subsidies
The specific mode of disbursement is that the club sells precision machinery at a price lower than the market price, and the city hall provides subsidies to make up for the loss incurred by the club selling at a price lower than the market price. Therefore, the subsidy allows the club in Kyoto to
Continue to sell precision equipment at prices lower than the market price.”
As soon as the female prosecutor finished speaking, Kitahara said: "In what the prosecutor just described, there are several evidentiary difficulties."
In court, the young male lawyer asserted that there were major flaws in the evidence of the prosecutor before him.
Suddenly, many eyes couldn't help but gather here again.
In addition to the issues with the meeting minutes pointed out by the male lawyer just now, many people simply cannot see what else is wrong with the evidence presented by the prosecutor.
"First, regarding false sales." Kitahara said, "The sales of precision machinery and equipment involved were not fabricated out of thin air by the relevant companies. We can see that the relevant equipment was indeed sold in Kyoto, and was later purchased from the warehouse in Kyoto.
It was shipped to Chiba Prefecture. We can only say that the real purchaser of the equipment in this article is not a company in Kyoto, but a company in Chiba Prefecture."
"Therefore, the prosecutor's description of this process as 'false sales' is actually inappropriate. The sales activities are real. A more appropriate statement would be that after obtaining the subsidized equipment, Kyoto companies then resold the equipment.
It was given to companies in Chiba Prefecture to earn the price difference."
"In other words, the real behavior that may be suspected of crime is not 'false sales,' but 'reselling of subsidized machinery and equipment.'"
Kitahara stood in the court, guided the argument step by step to the key point, "The question is whether pure 'reselling of subsidized machinery and equipment' is a criminal offense? There is no doubt that it certainly violates municipal regulations.
The corresponding regulations of the Ministry of Commerce. However, whether this violation of regulations is equivalent to a violation of criminal law requires a question mark."
"The criminal facts in this case actually consist of two parts. The first part is the fact of reselling machinery and equipment. The second part is the fact that Morimoto obtained so-called stock dividends from Kumada Corporation. Among them, the second part
Whether one part constitutes a crime is actually determined by whether the facts in the first part constitute a crime."
"If reselling machines is not a criminal act, then Morimoto's subsequent behavior cannot be considered a crime either."
Beihara's voice continued, "Reselling machinery and equipment is not so much a criminal act, but Mu Ning is just a breach of contract. In other words, the company that just purchased the machinery and equipment did not put the equipment into prescribed use.
, but resells it. What it violates is only the agreement reached between the company that purchased the equipment and the city hall on receiving subsidies."
"Breach of contract does not mean a crime." Beihara picked up an "Application Form for Subsidy for Precision Equipment Purchase" in his hand, pointed to the small lines of text at the end of the form and said, "Actually, the notes in the application form have already stated,
This application form constitutes an administrative agreement with the Kyoto City Hall. If this agreement is violated, the City Hall will apply to the tribunal to enforce the administrative agreement."
"In other words, for the so-called infringement of legal interests involved in the case, the city hall can apply to the tribunal to enforce the administrative agreement and recover the subsidies that have been paid, without resorting to criminal means. In this case, it is just a 'simple
There are doubts whether reselling subsidized machinery can constitute a crime."
"The crime will be cleared beyond doubt, and the punishment will be given lightly. If 'reselling subsidized machinery and equipment' does not constitute a crime, then my client Morimoto's behavior will certainly not constitute a crime."
Beiyuan's voice fell.
An extremely clever and hard-to-refute argument appeared in court. The profound and profound legal views turned into extremely easy-to-understand expressions in the mouth of this male lawyer. Yes, if reselling machines does not constitute a crime
, so why does Morimoto’s behavior constitute a crime?
When Chigako heard Kitahara's words, she couldn't help being slightly stunned. In an instant, she found it difficult to refute the Kitahara lawyer's point of view. It was not so much that it was difficult to refute, but she couldn't help but feel in her heart.
I agree with what this Kitahara lawyer said.
"Chigako! Don't be fooled by his sophistry!" Iwanaga, sitting next to him, said in a deep voice, "Be sure to stay steady."
However, just after Iwanaga finished speaking, Kitahara's voice sounded again, "In this case, no legal rights protected by the criminal law were actually infringed. Even though the final purchaser of the equipment was not a company in Kyoto, but a thousand
Enterprises in Yexian County. However, as users of precision machinery, these enterprises still enjoy the cost reduction brought by the corresponding subsidies. The original purpose of the subsidies - to encourage enterprises to use high-precision production equipment, has actually not failed."
"At the same time, in this case, the amount of fraudulent subsidy alleged by the prosecutor's office was calculated from the warehouse data of Adachi Information Industry Co., Ltd., and is not a figure directly spent by the city hall. However, the evidence in the case can show that Adachi Information Industry & Electric Co., Ltd.
The price recorded in the company's warehouse data is not the sales price of Kumada Tachimoto Machinery Co., Ltd."
"It happens that the subsidy amount of the Kyoto City Hall involved is linked to the sales price of Kumada Corporation. Without verifying the price of the machines sold by Kumada Corporation, the so-called fraudulent subsidy amount alleged by the prosecutor's office has no basis and the facts are unclear.
Chapter completed!