Case of contract fraud and legal analysis

Here is a case that Lawyer Wang Jingzhan experienced in the last year, with course of action and legal reasoning as follows.

The People’s Procuratorate of Xindu District, Xingtai City, Hebei Province, has charged:

The defendant Yan, as the legal representative of Tianjin XX Trading Co., Ltd. (hereinafter referred to as “Yifen Company”), colluded with others to fabricate information on the company’s official website, knowingly signed contracts with Japan’s XXX Industries Co., Ltd. and a company from Cameroon without the ability to fulfill contracts, and fraudulently obtained a total deposit of 59502 US dollars, equivalent to 402674.436 yuan, from the two companies for personal consumption, etc.
1、 Between March and August 2022, the defendant Yan represented Yi; Feng Company and Japan’s XX Industries Co., Ltd. signed a sales contract for 91 tons of low-density polyethylene
The price is 127155 US dollars (equivalent to 858296 Chinese yuan) 25 yuan), Japan XX Industries Co., Ltd
The company will pay a deposit of 50862 US dollars (equivalent to 343318 RMB) 5 yuan) transferred to XX Company account. After receiving the deposit, the defendant Yan XX fabricated various reasons not to ship the goods to the other company, illegally taking the deposit as his own.
2、 Between January and March 2023, the defendant Yan Fangjian represented Yijin Company and Ets XX Mike, a Cameroonian company, signed a sales contract for 1600 boxes of photocopy paper
The price is 14400 US dollars (equivalent to 98926 Chinese yuan) E XXMike, a Cameroonian company, will pay a deposit of 8640 US dollars (equivalent to 59355 RMB) 936 yuan) transferred to the account of XX Company. After receiving the deposit, the defendant Yan refused to ship the goods to the other company and illegally took the deposit for himself.
The defendant Yan was arrested by the police on May 4, 2024.

The court believes that the defendant Yan fabricated the company’s official website with the purpose of illegal possession
The act of knowingly signing a contract with an overseas company without actual performance capability, and during the process of signing and fulfilling the contract, defrauding the victim unit of a total of 402674.436 yuan in property, constitutes a crime of contract fraud and should be punished according to law. The amount involved is huge, and this behavior violates the normal market order and the property ownership of others. The prosecution has established the criminal facts and charges against the defendant, and it is recommended that the law be applied correctly. This court adopts it. The defendant is able to truthfully confess their criminal facts after being brought to court, which constitutes a confession and willingness to accept punishment. Therefore, they shall be given a lighter punishment in accordance with the law. The defense opinions of the defense counsel shall be adopted by this court.
During the trial of the case, the defendant compensated the losses incurred by the Cameroon company through their relatives and was given a lighter punishment at their discretion. The losses caused by the defendant to the Japanese company should be refunded. In this case, the defendant committed two contract frauds with huge amounts, both involving foreign companies and suspected of other illegal activities. The defendant’s criminal behavior does not meet the conditions for probation application. Therefore, the defense counsel’s opinion that the defendant’s social harm is small and probation application is not consistent with the facts is not accepted by this court. In summary, based on the facts, nature, circumstances, and degree of harm to society of the defendant’s crime, and taking into account their confession, punishment, and repentance, the sentencing recommendation of the prosecution is appropriate.

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About Jingzhan.Wang

An international Lawyer, based in China. (with phone nubmer: (+86)13920701735. Email: b.forest@163.com Providing full legal services for internaional coporations and individuals: contract disputes, international trade, international construction project, trans-regional investment, company merge and aquire, marine disputes, trademark, copyright, trans-naitional crime charge/denfense, and more. Our lawyers can speak both English and Chinese. We provide particular solutions for the disputes you're involving.

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