As a Lawyer, You Sent the Judge In? Chapter 159

 Chapter 159 The verdict! Nandu takes responsibility and the real estate owner is prosecuted!

 There was silence for a few seconds.

 Luo Daxiang exhaled slowly...

 This case...how should I put it? It would be a pity if the defense ends here.

 Judging from the context of the incident, this Ye Zhenghuan must be responsible for malicious misappropriation of funds.

 However, this point was not shown in the court trial...

 If it is not shown, it will be difficult to be accepted by the collegial panel.

 And...how to say.

If Ye Zhenghuan is convicted of malicious debt evasion or malicious bankruptcy, there will be insufficient evidence.

But this case...

 Want to find evidence, it is indeed difficult to find the complete chain of evidence based on personal ability alone.

 It would be good to be able to recover the corresponding regulatory funds.

Luo Daxiang muttered something silently in his heart.

 But at the same time, for some reason, he always felt that the direction of this trial should also include Nanjian Company and Ye Zhenghuan...

 It's a pity that we can't send this Ye Zhenghuan in.

 In the discussion room of the collegial panel of the court.

 Zhu He, Li Mingfei and Wang Dong were sitting in the discussion room, discussing the verdict of this court hearing.

 There are two important points in the judgment of this trial.

 The first one is the extent of responsibility for violations in banking supervision.

 The second one is the plaintiff's accusation against Nanjian Real Estate for malicious debt evasion.

 Zhu He, as the presiding judge of this trial, asked:

"Mingfei...you know a lot about banking and finance. How much responsibility do you think you have to bear in this judgment and the violations in bank supervision?"

This sentence asks about the percentage of responsibility that the bank needs to bear.

Facing Zhu He's inquiry, Li Mingfei was silent for a few seconds, and then spoke:

"Well... I think the bank should bear secondary responsibility."

“Although there are problems in supervising funds, subjectively it is still the real estate company that embezzles funds...”

“To be honest, even if banks do not issue funds illegally, real estate companies still have ways to misappropriate funds. It would be very difficult and troublesome to supervise all aspects.”

“But this time, Nandu Bank issued funds illegally. This is indeed a very serious violation.”

“I personally believe that Nandu Bank needs to bear 25 to 30% of the responsibility for the judgment in this trial.”

 “Hmm! This is similar to my opinion.”

Zhu He nodded and agreed with Li Mingfei's point of view:

“Wang Dong, do you have any different ideas about determining the division of bank responsibilities and how much they should bear?”

Wang Dong shook his head: "I don't have any different ideas. I think the 25% to 35% responsibility division is very reasonable."

“What do you think of the plaintiff's accusation of malicious debt evasion against real estate?”

Facing Zhu He's inquiry, Wang Dong was silent for a few seconds and did not reply immediately.

 Zhu He actually has his own thoughts on this point.

 He knew Su Bai from the beginning and thought that Su Bai would continue this tradition of giving away things.

 However, based on the current trial situation, it is definitely impossible to convict Ye Zhenghuan guilty.

 For this act of malicious debt evasion...

Zhu He had a rough judgment in mind, but he still wanted to hear the opinion of Wang Dong, a judge who had made some achievements in real estate disputes.

Wang Dong took a sip of water, and then elaborated on his views on the accusation.

“It is disputed that the plaintiff's accusation against Nanjian Real Estate is based on malicious debt evasion.”

"To be honest... I think this accusation actually has some basis."

 “However, this basis is not perfect.”

“But when our court makes a decision, it needs to be based on the evidence, and since we are still the Supreme Court, the decision should be based on the evidence rather than subjective basis.

“There is no problem with Ye Zhenghuan, the actual controller of Nanjian Real Estate, judging that he has misappropriated regulatory funds and recovering the corresponding regulatory funds.”

“But if it's malicious bankruptcy or malicious debt evasion…”

 “I think the evidence may be a bit lacking….”

 “This is my personal opinion.”

 “Well!” Li Mingfei also answered at this time:

“On this point, I agree with Wang Dong's point of view. If Ye Zhenghuan is really convicted of malicious bankruptcy and malicious debt evasion, there will indeed be some insufficient evidence.

 Because there is no supporting evidence for malicious bankruptcy and malicious debt evasion proposed by the plaintiff, it is basically impossible to make a subjective judgment alone. "

“Yes.” Wang Dong continued: “The other thing is that this lawsuit is a civil lawsuit and does not involve the issue of criminal liability, even if it is determined to be malicious evasion of debt.

Then it is also an administrative fine. Regarding this point, I think the bank should be held accountable. "

 After hearing the opinions of Li Mingfei and Wang Dong, Zhu He nodded slowly.

What both Li Mingfei and Wang Dong said were very reasonable, and the applicable laws were also in compliance with this trial.

 Already have an idea in mind on how to judge him.

 This time...Su Bai won the case, but he may not be able to send someone off in court.

 He was able to chat with his friends in Nandu when he turned around, which was a break from Su Bai's habit of giving things away.

Thinking of this, Zhu He smiled and nodded:

“Then let's make a judgment based on the results of the discussion, and then check the details.”

“As for the details of the final judgment, we need to listen to the court statements from all parties before deciding on the final division of responsibilities, okay?”

"Um!"

"good!"

Li Mingfei and Wang Dong nodded at the same time.

at the same time.

 Outside the Supreme Court.

 Several prosecutorial law enforcement officers came to the Supreme Court.

 After presenting the relevant materials from the Nandu Procuratorate, he came outside the court hearing.

One of them said: "Now is the adjournment stage. Do you want to go in and arrest the person?"

"No need... we will arrest them after the verdict comes out. After all, this is the Supreme Court of Beidu. We are enforcing the law in a different place. It would not be justified to go in and arrest people directly."

“Everyone who needs to be contacted has already been contacted. Once the verdict comes out, we will go in and arrest the person directly to avoid any accidents.”

“Okay…but this Ye Zhenghuan is involved in too many issues. Based on the clues provided by the whistleblower and the evidence presented during the filing of the case, we followed the clues and found tens of millions of hidden assets and transferred assets.”

“We haven't found all these yet. If we find them all, how many years will the sentence be if we file a public prosecution?”

“False bankruptcy and obstruction of liquidation, if you add the two together, you will definitely be sentenced to many years... This is still under the sentence and punishment of the person who Ye Zhenghuan found to take the blame..."

“Many people related to Nanjian Real Estate have been arrested, and there may be other crimes superimposed on them... It will depend on the interrogation status of the enforcement department.”

 “But certainly not less than three years.”

"Um!"

One of the prosecutors nodded, and several people stood outside the court, waiting for Ye Zhenghuan to be taken away for investigation after the verdict was announced.

 That's right.…

 This matter was reported by Su Bai. He had already filed a supervisory review with the relevant departments early.

 So...after Nanjian Real Estate entered bankruptcy proceedings, it was ordered to stop.

 It is very complicated to investigate a real estate company's finances, concealment of property and transfer of assets.

It is indeed difficult to do it simply relying on one's personal ability, and the Supreme Court has confirmed the time for the court session.

 It is simply impossible to collect evidence before this and submit a supplementary lawsuit.

Moreover, this is still a public prosecution case, and the prosecutor needs to make public prosecutions.

 So in this trial of the Supreme Court, Ye Zhenghuan will definitely not be defeated.

 If you can't take it, why don't you send it in?

impossible!

If you can't win, try another method, directly file a case and accuse, arrest the person, and prosecute.

As a top lawyer, Su Bai has long figured out the way companies hide and transfer property.

  The Procuratorate conducted an investigation into Nanjian Real Estate based on the evidence and clues provided by Su Bai.

 This is not...

 The investigation revealed a series of issues such as malicious bankruptcy infringing on creditor interests, hiding huge assets, and hindering liquidation...

 Hand in hand, we have obtained the relevant materials and come to arrest them.

 … Luo Daxiang, Zhu He and Wang Jiangyang all believed that there would be no surprises in this trial.

I think that even if Ye Zhenghuan has any problems, he will not be taken away.

 But in fact... it is indeed the case.

 Because Su Bai had no intention of accusing Ye Zhenghuan of his crimes in the Supreme Court.

Others don't understand it, but Xiao Li understands it as an intern assistant!

 That's why his eyes kept shining brightly at Ye Zhenghuan.

 In the court hearing room.

Su Bai glanced at Ye Zhenghuan with a smile, then looked away, waiting for the verdict.

Ye Zhenghuan didn't show the slightest worry on his face...but looked forward to a quick verdict.

So that his company can enter bankruptcy proceedings early, get out of trouble, and avoid other unexpected situations.

 Xiao Li's eyes shone brightly: The trial should end soon!

 Arrest people, arrest people!

 Send it in, send it in... Send them all in!

Happy.…

Hey!

Li Xuezhen thought a little excitedly.

 Soon, the adjournment time ended, and the three members of the collegial panel returned to the court hearing.    Dong Dong Dong Dong!

 Zhu He banged the gavel.

“The adjournment is over, now all parties are invited to make court statements.”

“The defendant Nandu Bank is now invited to make a statement in court.”

After hearing the words of the presiding judge, Xu Zhiqiang took a deep breath.

 Court statement.…

 If it has been determined that Nandu Bank has a causal link in the violation, then the most important point in court presentation is the issue of shared responsibility.

 After clarifying this idea, Xu Zhiqiang said:

“Presiding judge, our court states as follows:”

“We believe that banks do not do enough in supervising funds.

But in fact, the main responsibility for the unfinished Nandu Xiushui Garden Community lies with the real estate developers for illegal misappropriation of funds. "

“If Nanjian Real Estate had not misappropriated funds, it would not have led to the unfinished development of the community...”

“We believe that at this point, Nanjian Real Estate should bear 90% of the responsibility...”

“Presiding judge, we have finished our statement.”

 Good guys, let Nanjian Real Estate bear 90% of the responsibility from the beginning.

Does that mean your bank has no responsibility?

Wang Jiangyang frowned slightly, but did not speak. Instead, he looked at the presiding judge's seat.

 Dong dong dong!

Zhu He banged the hammer and looked at Nanjian Real Estate.

“The defendant Fang Nandu Bank has finished its statement. Now we invite the defendant Fang Nanjian Real Estate to make a statement in court.”

 “A good judge.”

Wang Jiangyang nodded slightly, telling the truth in this trial.

 In his view, Nanjian Real Estate is a running company, and there is also the issue of dividing responsibilities with banks.

Everything that needs to be said has been said, and the other party has no evidence to kill them if it is not mentioned.

ˆ˜Nanjian Real Estate's court statement was mainly based on the division of responsibilities between it and the bank.

 After thinking for a few seconds, Wang Jiangyang began to make a court statement:

“Presiding judge, our court states as follows:”

“Presiding judge, we admit that we have used regulatory funds in violation of regulations.

  But we think our responsibility is not that big.

In terms of division of responsibilities, it is the bank that releases regulatory funds in violation of regulations first, and then we use the regulatory funds.

˜The collegial panel is also requested to consider whether Nandu Bank's illegal issuance of funds violates the bank's terms and regulations.

 Then further judge the division of responsibilities between us and Nandu Bank. "

“Presiding judge, we have finished our statement.”

After Wang Jiangyang finished his statement, he met Xu Zhiqiang's eyes, and both of them remained silent.

 Dong dong dong!

On the court hearing platform, the presiding judge struck the hammer:

“The defendant has finished his statement, now the plaintiff or his attorney is invited to make a statement.”

 “A good judge...”

This time, the plaintiff sued the defendant, two of them.

 Hence, when making a statement in court, it is necessary to make a general summary and understanding of both parties.

Su Bai had previously asked Ma Cheng if he wanted to speak at the court statement.

However, Ma Cheng refused, so Su Bai, the litigation attorney, needed to make the final court statement.

　　After briefly sorting out the materials, Su Bai slightly raised his head and looked at the court seat.

 Speak slowly:

“Presiding judge, our court states as follows:”

“In this lawsuit, our claim is very simple, that is, we hope that we can get the compensation we deserve.”

“Our clients, Ma Cheng and Ma Xiangzhi, purchased Nandu Xiushui Garden three years ago. At that time, Nanjian Real Estate Company promoted it very well, saying that the community had a good environment and good greening, but it was unfinished three years later.

 The current situation is.

 The client was burdened with millions of dollars in debt and had no place for them to live.

 So far, a family of four is still cramped in a rental house of less than 60 square meters.

We have to repay nearly 6,000 yuan in loan and interest every month. I hope the court can give a certain humane judgment based on our situation. "

“We do not ask for extrajudicial mercy, but we request the court to take into account the client's difficult situation and make a discretionary judgment.”

“Presiding judge, we have finished our statement.”

Su Bai's statement is simple and clear.

On the bench, after listening to Su Bai's statement, the presiding judge Zhu He nodded slightly and then banged the gavel.

 Dong dong dong!

“The parties have completed their presentations in court, and now the outcome of the trial is announced!”

“The presiding judge announces the result of the trial, everyone stands up!”

　　With the scribe's voice falling.

 At the court hearing, everyone stood up.

 Zhu He began to read out the verdict:

“The cause of this case:

The plaintiff accused Nandu Bank of illegally distributing regulatory funds, resulting in unfinished buildings, and applied for the bank to assume joint liability and apply for compensation. "

“Also, investigate the malicious debt evasion and bankruptcy of Nanjian Real Estate Co., Ltd., the construction company of the unfinished building.”

“The Supreme Court has investigated, verified and accepted this case. This court has jurisdiction over the case, and all applicable laws are in accordance with domestic laws.”

“The verdict is announced below:”

“Based on the decision of the collegial panel, the following judgment is made on the plaintiff's claim.”

“1: According to the relevant laws and regulations on joint liability, it is determined that there is a causal relationship between Nandu Bank's illegal release of regulatory funds and the failure of Nandu Xiushui Garden.”

“That is, it is determined that Nandu Bank bears 30% of the liability.”

“Two: Make the following determination on the litigation claims raised by the plaintiff.”

“(1) The party concerned may temporarily suspend the repayment of the bank loan and stop paying interest. The specific repayment date shall be determined by the bank and the party concerned through negotiation, and the period shall not be less than one year.”

“The Supreme Court will conduct relevant private mediation between the parties' wishes and the banks.”

“(2) The bank is jointly and severally liable for the real estate developer's delay in handing over the house, and the bank is sentenced to compensate the party for liquidated damages of 28,623.23 yuan.”

“The plaintiff's request for financial compensation from Nanjian Real Estate Co., Ltd. is reasonable, and it is judged that Nanjian Real Estate Co., Ltd. shall compensate the plaintiff and party 96,728.43 yuan in liquidated damages.”

“Nanjian Real Estate Co., Ltd. has used regulatory funds in violation of regulations and will recover them in accordance with the law.”

“Due to insufficient evidence provided by the plaintiff, the plaintiff's accusation against Nanjian Real Estate Co., Ltd. for malicious bankruptcy and debt evasion is dismissed.”

“Reject all claims of Nandu Bank.”

“The judgment is determined by the Supreme Court. If the plaintiff and defendant believe that the judgment is unreasonable or has any procedural issues, they can submit it to the relevant departments for supervisory review.”

“The judgment will be issued to the addresses submitted by all parties within ten days.”

 “Closed court!”

 The gavel falls and the judgment ends.

　　When hearing the verdict, Ye Zhenghuan breathed a sigh of relief.

compensation?

 Do you still want them to compensate?

 They will enter bankruptcy proceedings immediately, and they still have to pay compensation. Apart from the clawback of the dividends, there is no need for compensation at all!

 The judgment result has come out. Now we just need to continue waiting. Nothing will happen this time, right?

Just when Ye Zhenghuan was thinking about it, a bailiff came to the trial table and didn't know what he was talking to Zhu He.

 Following.

 Several staff from the procuratorate walked into the court hearing and came directly to the seat of the defendant Nanjian Real Estate Co., Ltd.

 “Is this Ye Zhenghuan?”

Ye Zhenghuan glanced at Wang Jiangyang and saw that Wang Jiangyang was also confused and a little at a loss, but he still nodded.

“Yes...I am Ye Zhenghuan.”

“We are law enforcement officers of the Nandu Procuratorate, and this is our work certificate and material.”

“You are now involved in a major case... A case has been filed for public prosecution. Now please cooperate with our staff in the investigation and review.”

“In the meantime, you have the right to notify your lawyer to retain your legal rights, but please come with us for now.”

After finishing speaking, two staff members from the prosecution department put handcuffs on Ye Zhenghuan's hands.

 Click click click.

 Ye Zhenghuan looked confused:? ! ? !

How is this going? !

 PS: Please give me a monthly ticket~

 (End of this chapter)

Chapter end