As a Lawyer, You Sent the Judge In?
Chapter 519: Trial, new evidence!
Chapter 519 Court trial, new evidence!
Shangdu, a high-end club, in a VIP box.
A man in his twenties who looked about thirty years old, about 1.8 meters tall, answered the phone in the toilet of the private room, and heard a roar from the other side.
"Lin Feng, you'd better get back here right away! I don't care what you are doing outside now. If you don't get back here, you will be investigated now."
“Whatever you do, you are responsible for it yourself!”
Before Lin Feng could speak, the other party immediately hung up the phone.
Facing the voice on the phone ordering him to go home, Lin Feng looked ugly, but he still walked out of the box, hurriedly greeted the other people in the box, and returned home.
Lin Sheng was waiting for Lin Feng to come home.
Lin Feng saw the serious expression on his father's face and glanced in the direction of his mother.
Seeing that there was no movement, he sat down opposite Lin Sheng obediently and called Dad obediently.
Lin Sheng said: "Your family temporarily suppressed this matter for you before, but now there is a new situation."
The evidence held by the other party is evidence collected from individuals. To put it bluntly, the evidence held by the other party is not comprehensive.
only.…
“No one would have imagined that this kind of thing would happen to me.”
This time, the litigation commission given by Laihai Bank is that the plaintiff currently does not know the specific content of the financial management agreement.
But these are not within the scope of Lin Sheng's consideration.
If this is the case...then there is still some room for maneuver in this matter.
He only cares about his immediate interests, as long as he can protect his son. As for the investors, the money was wasted. The only blame is that they were too greedy.
.
….
At the same time, the Shangdu East District Court announced the court opening time after notifying all parties of the trial preparations.
“But I didn’t expect to lose all the money at once.”
"dad.…"
Lin Sheng, who was sitting on the sofa, actually knew that he would definitely not be able to suppress this matter if he tried to force it.
"I...Dad, you can't watch me being sentenced to death."
“This matter is not over yet, and there may be another investigation into you at any time. You have been at home during this period, do you hear me?”
“If I had known earlier that this would be the result, I would never have done this...”
“Okay... The purpose of calling you back is to make you prepare for the worst and stop running around!”
At most, he will receive some punishment. Even if he is really criminally responsible, at least he will not be sentenced to death.
The court opens at 10 am.
Thinking of this, Lin Feng hurriedly said:
“Dad, I was just confused for a moment!”
“At that time, I just thought of a few good products with a relatively high return on investment and a few good stocks. I wanted to use the money to invest to prove myself.”
ˆ First of all, in terms of evidence, as the defendant, the evidence they have is substantial and effective.
Even facing the highest criminal penalty, the death penalty!
As long as the plaintiff proposes that the content of the financial management agreement is a capital guarantee agreement, the case can go directly to the normal litigation procedures and let the court accept the defendant's litigation evidence and let the other party lose the first instance.
The key question now is how to operate this matter, how to complete the process, and how to exempt Lin Feng from responsibility and transfer the responsibility for this matter to the group of financial managers.
Lin Feng nodded repeatedly. His father said this, which meant that there must be a way to protect him, and he couldn't help but let out a sigh of relief in his heart.
“Tell me, how dare you move these more than four billion yuan?”
Don’t say anything else.
The plaintiff's seat is Su Bai and others, while the defendant's seat is Laihai Bank's cooperative law firm, the Red Circle Law Firm in Xanadu, Shangfeng Law Firm.
Fortunately, after questioning, Lin Sheng also learned that the money embezzled by Lin Feng was not a capital-guaranteed financial management agreement, but a marginal agreement. The actual agreement was a non-capital-guaranteed agreement.
There are no other big requirements.
If Lin Feng had followed formal procedures, then even the more than 4 billion yuan would be gone.
The more than 4 billion yuan, the hard work of so many people investing, may be wasted.
The court will definitely not be able to operate it, but it can be operated in the bank financial management agreement process.
Shangfeng Law Firm read the evidence provided by the defendant, Laihai Bank, and it directly showed that they will definitely win this case.
“I usually ask you to make fewer friends and learn less nonsense, but you don’t listen at all, right?”
That's nothing.
But he also knew in his heart that this matter could be handled a little bit, and at least all actions should be done in a legal manner.
Facing his father's words, Lin Feng knew what his father meant. If his father didn't help him with this matter, he would be imprisoned.
Lin Feng knelt directly on the ground, moved his knees quickly forward, and came to Lin Sheng's side.
Upon seeing this, Lin Sheng’s tone slowed down a lot:
“What do you think should be done about this matter?”
"I know what I did was stupid. I promise I will never do such a thing again in the future. Dad, if this matter comes out, then I may be sentenced to death!"
All parties enter the court hearing room.
If you have incomplete evidence and fight this lawsuit, it will obviously be a failed case.
In addition, Shangfeng Law Firm is also very aware that the evaluation of the eight red circle firms will begin in two months.
The influence of Baijun Law Firm in the country is not small. Except for its somewhat weak performance in financial cases, it can actually be compared with the eight red circle firms in other aspects.
This time, Baijun Law Firm lost the case, so it is basically impossible to be promoted to the eight red circle firms in this selection.
This case has been comprehensively analyzed and handled by Shangfeng Law Firm.
In this court hearing, based on the evidence alone, Bai Jun Law Firm has no possibility of winning the case.
Yu Manchun, the lawyer from Shangfeng Law Firm in charge of this case, briefly sorted out the evidence materials in his hand before the presiding judge entered the courtroom.
He then turned his attention to Su Bai, who was sitting opposite the plaintiff, and smiled, as if he had a chance to win.
Li Xuezhen, who was sitting at the plaintiff's seat, frowned slightly when she saw Yu Manchun's attitude, but she didn't say anything more and just waited quietly for the hearing to begin.
Soon the presiding judge and members of the collegial panel entered the court hearing.
The content of this trial is relatively not that complicated, but the amount involved is not small. Regarding this case, the members of the collegial panel also discussed it privately before the trial.
In the end, it was unanimously decided that in this case, we still have to look at the evidence produced by both parties and the arguments of the defense.
Soon, the trial process was completed, and the presiding judge directly asked the plaintiff to present evidence at the trial and state his lawsuit application.
At the plaintiff's seat, Su Bai simply displayed the evidence and stated:
“In this case, Laihai Bank has launched its own capital-guaranteed financial product on a third-party platform, specifically named Laihai Capital-Guaranteed Financial Management.” “This financial product has been vigorously promoted by the third-party platform, and the capital-guaranteed financial product provided The interest rate is very high, far exceeding the capital guaranteed financing interest rate usually offered by banks.”
“This has also attracted many investors to invest, including our client.”
“According to the law, principal-guaranteed financial management should give financial management parties the responsibility to protect the principal, but Laihai Bank failed to fulfill its obligations.”
“After our client’s capital-guaranteed financial management expired, he wanted to make a payment, but was told that all the principal of our capital-guaranteed financial management was lost.”
“What will happen if all the principal of capital-guaranteed financial management is lost?”
“In accordance with the management provisions of relevant legal and financial regulations, principal-guaranteed financial management must guarantee the principal of investors and financial managers.”
“This is clearly stipulated.”
“Laihai Bank will not honor the principal and interest of our financial products.”
“This has seriously damaged the property rights and legal rights of our client. We require Laihai Bank to compensate us and return the principal and interest.”
“Presiding judge, the above is our commission and statement for this trial.”
Su Bai’s lawsuit claims and content of the lawsuit were stated very clearly.
Simply put, Laihai Bank failed to make the payment in accordance with legal requirements.
The purpose of filing a lawsuit is to require Laihai Bank to pay the principal and interest that should be paid to their client and the parties concerned.
After listening to Su Bai’s statement, the presiding judge turned to look at the defendant’s seat.
“Defendant, do you need to make any statement regarding the plaintiff’s claims?”
Yu Manchun sat on the defendant’s seat, calmly looked up at the plaintiff’s seat, and then spoke:
“Presiding Judge, we apply to dismiss all the plaintiff’s claims.”
"And we believe that we have no responsibility and do not assume any compensation."
As soon as these words were said, Jiang Wei, who was sitting at the plaintiff's seat, suddenly became uncomfortably calm.
What does it mean? What do you mean by saying this?
His principal has been completely depleted, and now he doesn’t want to pay a dime for the capital-guaranteed financial product he bought, and he still doesn’t want to take any responsibility?
This is not a rogue thing!
But before Jiang Wei could speak, Yu Manchun continued to flip through the evidence materials and said:
“Presiding judge, we want to submit new evidence.”
“In the evidence exchange session just now, we have already seen the other party’s evidence.”
“We do not agree with the evidence of capital-guaranteed financial management submitted by the other party and the fact that the purchase was a capital-guaranteed financial product.”
“The evidence we submitted is the specific content of the agreement when the plaintiff purchased the financial product.”
With these words, Yu Manchun handed over the specific agreement to the staff on the side.
The staff then handed it over to the presiding judge on the trial stage.
Yu Manchun continued to speak:
“According to the materials submitted by us, it is obvious that when we signed the agreement to purchase our financial products on the third-party platform, there was a sentence saying that financial management risks are high and the product is not a capital-guaranteed product.”
“The plaintiff has been stating that our financial products are principal-guaranteed products, which is completely untrue. Therefore, from this point of view, we believe that all litigation applications of the plaintiff should be dismissed.”
Facing the statement of the lawyer appointed by the defendant, Su Bai was stunned for a moment. The product purchased was not a guaranteed product?
What does it mean?
Soon, after reviewing the new evidence submitted by the defendant, the collegial panel transferred it to the plaintiff’s seat.
Su Bai emphatically looked at the content of the non-principal-guaranteed financial management agreement just stated by the lawyer entrusted by the defendant.
Then he compared the evidence submitted by his side.
The evidence of capital guarantee submitted by me is the label when I purchased it online from a third party. The label shows that it is capital guaranteed financing and there is no financial risk.
Use this evidence to determine that the purchase is capital-guaranteed financing.
But what about the other party...the other party issued a purchase agreement!
The terms of the purchase agreement are non-principal-guaranteed financial management.
In comparison, the content of the terms of the other party's agreement is obviously more complete evidence.
Originally, Su Bai also wanted to take a look at the specific terms of the agreement, but Jiang Wei did not download the specific purchase and financial management agreement.
The third-party platform has also removed the product, and no relevant evidence can be found.
This is okay, after all, this screenshot can also prove that it is a capital-guaranteed financial management for purchase.
But...what is the current situation?
In the current situation, the other party directly brought out the contents of the financial management agreement and said that the contents were not a principal guarantee agreement.
The evidence on the other side is more sufficient, and the presiding judge must be more inclined to the other side, because the other side has sufficient evidence to prove that this is not capital-guaranteed financial management and is risky!
And the initial claim on my side was wrong.
to be honest-
At the beginning, the person in charge of this financial management product used the label of capital-guaranteed financial management and high interest rates to attract investors and financial managers to purchase.
In fact, everyone was deceived. This is not capital-preserving financial management at all.
This approach is already similar to an illegal fund-raising method!
More than 4 billion were illegally raised, and all was lost!
This...who is so brave?
While Su Bai was looking at the new evidence submitted by the other party, Yu Manchun smiled at the corner of his mouth. He didn't say anything else, but only pointed at the new evidence submitted by their side. The case could be decided directly.
The lawsuit filed by the plaintiff must be dismissed.
There is no doubt about this.
Yu Manchun continued: "Presiding judge, the current situation of the case is very clear. Our evidence is sufficient, and the other party's statement and lawsuit application have no evidence to base themselves on the facts."
“Because what the other party stated is that ours is a capital-guaranteed financial management, but we clearly stipulate in the agreement that this is not a capital-guaranteed financial management.”
“Principal loss is a normal investment loss behavior.”
“According to legal provisions, investors and financial managers should bear the responsibility themselves. This is also very clear in the content agreement.”
"based on above."
“We apply for the chief judge’s decision to reject the other party’s lawsuit application!”
Yu Manchun looked at the plaintiff’s seat and spoke calmly.
She knew that Su Bai, as the founder of Bai Jun Law Firm, had a very high winning rate in court trials.
But in this trial, no matter what kind of defense skills Su Bai has, the current situation is that the ironclad facts and evidence are already in the courtroom.
No matter how many answering skills you have, it is useless.
She has filed an application with the presiding judge to dismiss the plaintiff’s lawsuit.
There are no surprises in this case. The presiding judge will definitely reject the plaintiff’s lawyer’s application and let Su Bai lose the case!
Su Bai, the founder of Baijun Law Firm, is known online as having a 100% winning rate.
This time it will fall into her hands!
Yu Manchun thought silently in his heart.
.
…
PS: Please give me a monthly ticket~
(End of this chapter)
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