You became a lawyer and sent the judge in?

Chapter 159 The verdict!Nandu took the responsibility, and the real estate owner was prosecuted!
There was a few seconds of silence.

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 maliciously misappropriating funds.

However, this point was not shown in the court trial...
If it is not shown, then it will be difficult to be adopted by the collegial panel.

And...how should I put it.

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

But this case...
If you want to find evidence, it is indeed difficult to find a complete chain of evidence based on your personal ability alone.

It is already very good to be able to recover the corresponding regulatory funds.

Luo Daxiang said silently in his heart.

But at the same time, for some reason, he always felt that the orientation of this court trial should also include Nanjian Company and Ye Zhenghuan...
It's a shame that Ye Zhenghuan couldn't be sent in.
.
 …
The collegiate panel discussion room.

Zhu He, Li Mingfei and Wang Dong sat in the discussion room, discussing the verdict of this trial.

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

The first is how much responsibility should be borne for irregularities in banking supervision.

The second is the accusation against the plaintiff against Nanjian Real Estate for maliciously evading debt.

As the presiding judge of this trial, Zhu He asked:
"Ming Fei... You know a lot about banking and finance. How much responsibility do you think you should bear for the violation of banking supervision in this judgment?"

This sentence asks the question of 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 said:
"This... I think the bank should bear secondary responsibility."

"Although there is a problem with the supervision of funds, subjectively, it is still the real estate company that embezzles funds..."

"To be honest, even if the bank does not issue funds in violation of regulations, then real estate companies still have ways to embezzle funds. It is very difficult and troublesome to supervise all aspects."

"But this time, Nandu Bank issued funds in violation of regulations. This is indeed a very serious violation."

"I personally think that in the judgment of this trial, Nandu Bank needs to bear 25% to 30% of the responsibility."

"Well! This is about the same as my opinion."

Zhu He nodded in agreement 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 to bear?"

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

"Then what do you think of the plaintiff's accusation of the real estate company's malicious evasion of debts?"

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

In fact, Zhu He also has his own thoughts on this point in his heart.

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

However, according to the current trial situation, it is definitely impossible to convict Ye Zhenghuan.

For this behavior 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 drank his saliva, and then explained his views on the accusation issue.

"It is controversial that the plaintiff's accusation against Nanjian Real Estate is also about malicious debt evasion."

"To be honest... I think there is a certain basis for this accusation."

"However, this basis is not perfect."

"But our court's judgment needs to be based on evidence, and we are still the Supreme Court, so the judgment should be based on evidence rather than subjective basis.

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

"But if you talk about malicious bankruptcy or malicious evasion of debts..."

"I think there may be a little lack of evidence..."

"That's my personal opinion."

"En!" 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 evasion of debts, there will indeed be some lack of evidence.

Because there is no supporting evidence for the malicious bankruptcy and malicious evasion proposed by the plaintiff, it is basically impossible to make a judgment based on 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 responsibility, even if it is judged maliciously to evade debts.

Then it is also an administrative fine. Regarding this point, I think the bank should come forward to investigate. "

After listening to the views of Li Mingfei and Wang Dong, Zhu He nodded slowly.

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

He already had an idea in his mind about how to judge.

This time... Su Bai won the lawsuit, but he might not be able to send him away in court.

He was able to chat with his friends in the southern capital when he turned around, which was a break from Su Bai's practice of giving someone away.

Thinking of this, Zhu He smiled and nodded:

"Then let's make a judgment according to the results of the discussion, and check the details again."

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

"Ok!"

"it is good!"

Li Mingfei and Wang Dong nodded at the same time.
.
 …
at the same time.

Outside the Supreme Court.

Several procuratorial law enforcement officers came to the Supreme Court.

After showing the relevant materials of the Southern Metropolis Procuratorate, he went outside the courtroom.

One of them said, "Now it's the adjournment stage, do you want to go in and arrest him?"

"No need...to arrest after the verdict comes out. After all, this is the Supreme Court of Beijing. We are enforcing the law in a different place. It is unreasonable to go directly to arrest people."

"Everyone who should be contacted has already been contacted. After the verdict comes out, go in and arrest the person directly to avoid accidents."

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

"We haven't searched for all of these. If we find out all of them and file a public prosecution, how many years will we be sentenced to?"

"False bankruptcy, obstruction of liquidation, the two combined, you can definitely be sentenced to many years... This is still under the punishment of the person who Ye Zhenghuan found the blame..."

"A lot of people related to Nanjian Real Estate have been arrested, and there may be other crimes superimposed on it... At that time, it will depend on the interrogation situation of the enforcement department."

"But certainly not less than three years."

"Ok!"

One of the prosecutors nodded, and they stood outside the courtroom waiting for the verdict to be pronounced before taking Ye Zhenghuan away for investigation.

That's right...

This matter was reported by Su Bai, who had already filed a supervisory review with the relevant department.

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

It is very complicated to investigate the finances of a real estate company, conceal property and transfer assets.

It is really difficult to do it only by relying on personal ability, and the Supreme Court has confirmed the time for the trial.

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

Moreover, this is still a public prosecution case, which requires the prosecution to carry out public prosecution.

Therefore, in this trial of the Supreme Court, Ye Zhenghuan must not be taken down.

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

impossible!
If you can't win it, you can change the method, directly file a case for prosecution, arrest people, and prosecute.

As a top lawyer, Su Bai has already figured out the way the company hides and transfers property.

The procuratorate investigated Nanjian Real Estate through the evidence and clues provided by Su Bai.

it's not...
The investigation revealed a series of problems such as malicious bankruptcy infringing on the interest of creditors, concealing huge assets, and obstructing liquidation...etc.

Directly handle the relevant materials and come to arrest people.
.
.....
...Luo Daxiang, Zhu He and Wang Jiangyang all believed that there would be no surprises in this trial.

He thought that even if there was something wrong with Ye Zhenghuan, he couldn't be taken away.

But in fact... it is true.

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

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

That's why his eyes kept biu biu shining brightly at Ye Zhenghuan.
.
 …
In the courtroom.

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

Ye Zhenghuan didn't have the slightest worry on his face... Instead, he looked forward to the verdict as soon as possible.

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

Xiao Li's eyes were biu biu biu shining: Hurry up and end the trial!

Catch people catch people!

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

Hey!
Li Xuezhen thought with a little excitement.
.
.... ...

Soon, the adjournment ended, and the three members of the collegial panel re-entered the courtroom.

Boom boom boom!
Zhu He sounded the gavel.

"The adjournment is over, and now the parties are invited to make their court presentations."

"The defendant Fang Nandu Bank is now invited to make a court statement."

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

court statement...

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

After clarifying this point of thinking, Xu Zhiqiang said:

"Presiding judge, our court statement is as follows:"

"In our opinion, banks do not do enough in supervising funds.

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

"If it wasn't for Nanjian Real Estate's misappropriation of funds, it would be impossible to cause the unfinished situation of the community..."

"We believe that on this point, Nanjian Real Estate should bear 90% of the responsibility..."

"Judge, we have finished our statement."

Good guy, let Nanjian Real Estate bear 90% of the responsibility as soon as you come up.

Does that mean your bank is not responsible?

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

Boom boom boom!
Zhu He struck the hammer and looked at Nanjian Real Estate.

"The defendant Fang Nandu Bank has finished its statement, and now the defendant Fang Nanjian Real Estate will make a court statement."

"Good judge."

Wang Jiangyang nodded slightly, the trial was telling the truth.

In his view, Nanjian Real Estate is just running with him, and there is also the issue of dividing responsibilities with the bank.

Everything that should be said has already been said, and the other party who has not mentioned it has no evidence to beat them to death.

Nanjian Real Estate's court statement is mainly based on the issue of responsibility divided between the bank and the bank.

After thinking for a few seconds, Wang Jiangyang began to make a court statement:
"Presiding judge, our court statement is as follows:"

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

But we don't think our responsibility is that great.

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 Narada Bank's illegal distribution violated the bank's terms and regulations.

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

"Judge, we have finished our statement."

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

Boom boom boom!
On the trial stage, the presiding judge struck the hammer:

"The defendant has finished its statement, and now the plaintiff or a lawyer is invited to make a statement."

"Good judge..."

This time it was the plaintiff who sued the defendant, two of them.

Therefore, when presenting 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 in the court statement.

But Ma Cheng refused, so Su Bai, the attorney ad litem, needs to make the final court statement.

After briefly sorting out the materials, Su Bai slightly raised his head to look at the seats in the courtroom.

Open your mouth slowly:
"Presiding judge, our court statement is 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, bought Nandu Xiushui Garden three years ago. At that time, Nanjian Real Estate Company publicized it very well, saying that it was a community with good environment and good greening, but it was unfinished after three years.

The current situation is.

The clients in question were burdened with several million in debt, but there was no place for them to live.

So far, the family of four is still squeezed into a rental house of less than 60 square meters.

The loan and interest of nearly 6000 will be repaid every month. I hope that the court can give a certain humane judgment based on our situation. "

"We don't ask for extrajudicial grace, but we ask the court to take into account the difficult situation of the client and make a discretionary judgment."

"Judge, we have finished our statement."

Su Bai's statement was simple and clear.

On the seat of the trial platform, the presiding judge Zhu He nodded slightly after listening to Su Bai's statement, and then struck the gavel.

Boom boom boom!
"The courts of all parties have finished their statements, and now the verdict is announced!"

"The presiding judge announced the result of the trial, and everyone stood up!"

Accompanied by the clerk's voice fell.

Swish swish.

In the courtroom, everyone stood up.

Zhu He began to read the verdict:
"The case is based on:
The plaintiff accused Narada Bank of distributing regulatory funds in violation of regulations and resulting in unfinished projects, and applied for the bank to assume joint and several liability and apply for compensation. "

"And, investigate the malicious evasion of debts and bankruptcy of the construction company Nanjian Real Estate Co., Ltd., which belongs to the unfinished building."

"The Supreme Court has conducted an investigation and verified the acceptance of this case. This court has jurisdiction over the case, and the applicable laws are all in accordance with domestic laws."

"The verdict is announced below:"

"According to the collegiate panel's research decision, the following judgment is made on the plaintiff's claim."

"One: According to the relevant laws and regulations on joint liability, it is determined that Narada Bank's illegal issuance of regulatory funds has a causal relationship with the unfinished Nandu Xiushui Garden."

"That is, it is determined that Nandu Bank shall bear the corresponding 30% responsibility."

"Two: Make the following judgments on the claims made by the plaintiff."

"(1) The parties may temporarily suspend repayment of the bank's loan and stop paying interest. The specific repayment date shall be decided by the bank and the party through consultation, and the term shall not be less than one year."

"The Supreme Court will conduct private mediation between the wishes of the parties and the bank."

"(2) The bank assumes joint and several liability for the real estate developer's delay in handing over the house and sentences the bank to compensate the party concerned for liquidated damages of 28623.23 yuan."

"The economic compensation sought by the plaintiff from Nanjian Real Estate Co., Ltd. is reasonable, and it is judged that Nanjian Real Estate Co., Ltd. shall compensate the plaintiff party with 96728.43 yuan in liquidated damages."

"Nanjian Real Estate Co., Ltd. used regulatory funds in violation of regulations and will recover them according to law."

"Because the evidence provided by the plaintiff is insufficient, 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 thinks that the judgment is unreasonable or there are any procedural problems, they can submit it to the relevant department for supervision and review."

"The verdict will be issued to the addresses submitted by the parties within ten days."

"Close the court!"

dong dong!

The gavel fell, and the judgment ended.

Ye Zhenghuan let out a long sigh of relief when he heard the verdict.

compensation?

Want them to compensate?

They will enter bankruptcy proceedings immediately, and what a fart to pay, except for the dividends being recovered, there is no need for compensation at all!

The verdict has already come out, now all we need to do is wait, there won't be any trouble this time, right?

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

Followed by.

Several staff members of the procuratorial department walked into the court hearing and went directly to the seat of the defendant Nanjian Real Estate Co., Ltd.

"Excuse me, is this Ye Zhenghuan?"

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

"Yes...I'm Ye Zhenghuan."

"We are law enforcement officers of the Southern Metropolis Procuratorate, and this is our proof of work and materials."

"You are now involved in a major case... The case has been filed and prosecuted. Now please cooperate with our staff to conduct investigation and review."

"During this period, you have the right to notify your lawyer to reserve your legal rights, but please come with us now."

After the words fell, two staff members of the prosecution department put the handcuffs on Ye Zhenghuan's hands.

Click click.

Ye Zhenghuan was confused:? ! ? !

How is this going? !
PS: Ask for a monthly pass~

(End of this chapter)