Trial court]: Dongguan Second People's Court.
Defense object]: Zhang San.
Defense lawyer]: Tang Yujuan, Tang Yurong lawyer of Guangdong Guofan Law Firm.
Brief facts of the case]:
In August 2021, Zhang San provided his bank card to others twice for transfers, and provided services such as mobile phones and face brushing, making a profit of more than 6,000 yuan. The total receipts of the two transactions were 90,000 yuan and 80,000 yuan respectively, of which 9,900 yuan was found to be fraudulent funds. In the end, after the case, the public security organs arrested Zhang San.
After Zhang San was criminally detained for nearly 20 days, his family entrusted a team lawyer, who immediately met with Zhang San to learn about the case, and submitted a legal opinion to the public security organ about 25 days after he was criminally detained, applying for release on bail pending trial. The police did not agree to release on bail pending further investigation, and transferred the case to the procuratorate on the 30th day of criminal detention to apply for approval of arrest. The team lawyer submitted an authorization and legal opinion to the procuratorate as soon as possible, communicated with the prosecutor about not approving the arrest, communicated with the public security organ to return 6,000 yuan of illegal gains, and successfully returned the illegal gains after many on-site communication with the police station, communication with the police **, and communication with the prosecutor**, etc., and the procuratorate made a decision not to approve the arrest and was successfully released on bail pending trial.
After the case was transferred for review and prosecution, the team lawyer immediately went to the procuratorate to read the case file and sort out the victims' information, and the total amount of fraud inflowed into Zhang San's bank card in this case was 9,900 yuan, a total of 13 victims. The lawyers of the team sorted out and communicated one by one, and finally obtained the criminal understanding of most of the victims and compensated all the victims for the defrauded money. At the trial stage of the court, it is proposed that the defendant admit guilt and accept punishment, is a first-time offender or an occasional offender, and has compensated all the victims' losses and obtained the forgiveness of most of the victims, and it is recommended that the suspended sentence defense opinion be applied. The court adopted the team's lawyer's argument and applied a suspended sentence.
Legal Provisions and Case Outcomes].
According to Article 312 of the Criminal Law [Crime of Covering Up or Concealing Criminal Proceeds and Proceeds of Criminal Proceeds], Zhang San's crime of covering up or concealing criminal proceeds or proceeds of criminal proceeds shall be subject to the sentencing range of "sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release, and/or a fine".
Case Analysis] For most property-based crime cases, restitution to the victim and obtaining a letter of understanding is one of the important considerations for lenient sentences, but it is also necessary to communicate well with the court, and a professional lawyer team can obtain better results.
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