Kai CHEN, Partner of Gaopeng & Partners Nanjing Office, Wins the Trust and Support of the Clients
A young couple took a two-year-old child to Gaopeng & Partners Nanjing Office and knocked at the door of the office of Lawyer Kai CHEN early yesterday morning. It turns out that they made a special trip from Shanghai to express gratitude to Lawyer CHEN.
Case introduction
From December 10 to December 24, 2018, the defendant Xxing WANG lied to the victim X ZHANG in Shanghai, saying that he can help purchase shares and invest in stocks on behalf of ZHANG, and undertaking that if the stocks are profitable, all the profits will belong to X ZHANG; and the losses, if any, will be borne by himself. He collected RMB100,000 in total from X ZHANG via Alipay in three times. Xxing WANG did not use the money collected to speculate in the stock market; instead, he used the money for other purpose. He also avoided and blacklisted X ZHANG. After that, X Zhang reported the case. The case was revealed.
In early-April 2020, Xxing WANG was handed over to the police after being arrested by the public security officers of Nanjing.
Case-handling process
X LI, Xxing WANG’s wife, came to visit Lawyer Kai CHEN especially as introduced by someone else. After accepting the entrustment, Lawyer Kai CHEN directed X LI to actively express the willingness of refunding and compensation to the victim, so as to win over the understanding of the victim on the one hand; on the other hand, Lawyer CHEN got involved to understand the crime process. Lawyer CHEN learned that the defendant had criminal record and was sentenced to criminal penalty due to young and innocent act. Undoubtedly, this added huge obstacles to the work of obtaining a guarantor pending trial. As expected by Lawyer CHEN, the application for Xxing WANG for release on bail pending trial was not accepted. Xxing WANG was approved to be arrested by a Shanghai procuratorate due to the crime of fraud. After Xxing WANG was arrested, Lawyer CHEN managed to fight for the detention necessity review from the procuratorate of Shanghai from many aspects, including the refunding and compensation of the case, social harmfulness, subjective viciousness and family status of the defendant.Back then, the COVID-19 epidemic was rampant. Lawyer CHEN drove to Shanghai to contact the main procurator and main police officer, and stated to them via face-to-face, telephone, written and other means that the detention of Xxing WANG was not necessary. Finally, the procurator accepted Lawyer CHEN’s opinion, changed the compulsory measures against Xxing WANG and rendered guarantor pending trial. During this process, X LI, Xxing WANG’s wife, received the help of many “warm-hearted friends” who said that so long as she paid a specific amount of money, they could help Xxing WANG gain guarantor pending trial, or said that they acquaint with XX and guarantor pending trial is very easy.After cautious weigh, X LI finally believed to abide by law, believed in Lawyer’s case analysis, and help Xxing WANG via legal means. During court trial, Lawyer CHEN made realistic defense for Xxing WANG from the reason, process and result of the case, and Xxing WANG also had profound understanding about his behavior at the court. After appraisal and discussion, the court passed a judgment of three-year imprisonment, with three-year probation.
Today, the couple took their two-year-old daughter with them to Gaopeng & Partner Nanjing Office and presented the silk banner to Lawyer Kai CHEN, showing their gratitude.
Today, the couple took their two-year-old daughter with them to Gaopeng & Partner Nanjing Office and presented the silk banner to Lawyer Kai CHEN, showing their gratitude.Xxing WANG said when the public security officer announced the arrest decision, he thought that he was bound to be unable to get out. When he went home upon guarantor pending trial, his daughter was not close to him. He felt very grateful to Lawyer CHEN this time!Lawyer CHEN said that although he cannot promise the result of the case, he would surely do the best he can! The trust of the clients is definitely the largest support for the lawyer!
(This article is translated by software translator for reference only.)
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