Lawyer's character

"The Provincial Higher People's Court has now opened a public hearing on the appeal of Hu Weijun's fraud case." Before the words could be heard, the presiding judge banged the gavel in his hand: "Refer the appellant Hu Weijun to the court."

After a while, as the heavy court door was opened, two bailiffs escorted Hu Weijun into the court and sat on the defendant's table.

When the presiding judge verified the identity of the appellant and announced the composition of the collegial panel and the rights of the appellant, Fang Yi raised his head and looked at Hu Weijun. He was in good spirits, but his complexion was a little worse and his eyes were calm. As expected of a businessman, he has experienced a lot of ups and downs at his young age, and his mental quality is extraordinary.

"The court investigation will now begin, and the judge will be asked to read out the first-instance verdict." The presiding judge finished speaking, and a collegial bench judge began to read out the first-instance verdict.

Fang Yi took advantage of this opportunity and scanned the prepared defense statement again.

After the judge read out the first-instance judgment, the presiding judge looked at Hu Weijun: "The appellant Hu Weijun will read out the appeal or state the reasons for the appeal."

“Presiding Judge, I believe that the court of first instance lacked objective, reliable and sufficient basis for finding that when the machine processing factory was insolvent, I fabricated facts, used forged property ownership certificates as collateral, and defrauded others of their money.

The relationship between me, Feng Ping and Wei Xikui is a private loan, and I have been paying the interest on the loan in the past few years, and I have not borrowed the money and ran away. This does not constitute a crime of fraud at all. Please ask the court to find out the facts in accordance with the law and clear my name. "Hu Weijun read while holding a piece of A4 paper.

This is the reason for appeal he wrote himself based on Fang Yi’s analysis.

"Please ask the defense lawyer to state the reasons for the appeal," the presiding judge said.

"The defender believes that the appellant Hu Weijun is not insolvent as the court of first instance found, but has a certain ability to repay, although the machine processing factory and the real estate and land in Hu Weijun's own name have been mortgaged, and part of the property has been be executed.

However, the machine processing factory still holds a number of intellectual property rights and has its own core technology. Last year, the factory introduced two imported equipment for processing high-precision parts. These are valuable, and the value of the processing factory should be estimated as a whole. .

In addition, in terms of the use of funds, although most of the funds borrowed by Hu Weijun were used for stock trading, stock trading is a behavior permitted and encouraged by the state and is a legal investment behavior.

It can be seen from this that Hu Weijun did not squander, transfer or conceal the money after borrowing the money. The court cannot judge that Hu Weijun constituted fraud based on this.

The presiding judge and the defender have finished stating their reasons for appeal. "Fang Yi said.

"Appellant Hu Weijun, do you have any objection to the facts and charges found in the first-instance judgment?" the presiding judge asked.

"I have objections. I don't agree with the charges found in the first-instance judgment. I think the facts found in the first-instance judgment are unclear. My factory has a certain ability to repay its debts..." Hu Weijun rattled off many reasons. It seems that he made a lot of preparations in the detention center before the trial.

"The prosecutor asked the appellant questions about the facts found in the first-instance judgment," the presiding judge said.

"Appellant Hu Weijun, when you borrowed money from Feng Ping, was the machine processing plant still operating normally? Did you inform him of the current situation of the machine processing plant?" the female prosecutor sitting at the head of the prosecutor's bench asked coldly.

"At that time, my factory's orders dropped sharply and production was in a semi-stop state. I didn't tell Feng Ping," Hu Weijun said.

"What did you say when you borrowed money from Feng Ping? What was the reason for the loan?" the female prosecutor asked.

"I told him that the factory had a big order and needed capital turnover, purchasing machinery and equipment, and paying labor costs," Hu Weijun said.

"How did you actually use the loan Feng Ping transferred to you?" the female prosecutor asked.

"Part of the equipment was purchased, and most of it was used by me to speculate in stocks." Hu Weijun said.

"The factory has no orders, why do you still want to buy equipment?" the female inspector asked.

"At that time, the factory didn't have any orders, and Feng Ping asked to see the purchase and sale contract and the physical goods of the equipment, so I bought it," Hu Weijun said.

"You mean the newly purchased equipment is to deal with Feng Ping, right?" the female prosecutor said.

"Not entirely, these devices can be used in the future. I am also considering future business development." Hu Weijun said.

"What was your reason for borrowing money from Wei Xikui?" The female inspector seemed a little dissatisfied with Hu Weijun's answer just now. When questioning the case, Hu Weijun did not mention that the equipment was purchased for future development, only that it was to deal with Feng Ping.

"Is there any collateral for Feng Ping's loan?" the female prosecutor asked.

"Yes, there is a real estate certificate for the factory building and land." Hu Weijun said.

"According to the public security department's inquiry transcript, you admitted that the real estate certificate in the mortgage was forged by you. Is that true?" the female prosecutor asked.

"It's true." Hu Weijun said.

"Are you going through the mortgage procedures?" the female prosecutor asked.

"No, because the real estate certificate I forged was for a small-property house built in the village, and the housing management department couldn't handle the mortgage procedures, so I pledged the real estate certificate to Feng Ping," Hu Weijun said.

"Whose small-property house belongs to you? Is it yours?" the female prosecutor asked.

"It's not mine, it's my mother-in-law's house. It's just that we have been renting it out." Hu Weijun said.

"I told Wei Xikui that the bank loan would come out soon, and he would repay his loan as soon as the loan came out." Hu Weijun paused, and then said: "At that time, the bank was going to lend money, and the approval had been passed, so the only thing left was the collateral to apply for mortgage. ."

"What's the reason why the bank didn't lend money?" the female prosecutor asked.

"Because... there is a problem with the property certificate of a property used for mortgage." Hu Weijun said hesitantly.

"What went wrong?" the female prosecutor asked.

"I forged the real estate certificate. I had..." Hu Weijun wanted to continue, but was interrupted by the female prosecutor: "Appellant Hu Weijun, just answer whatever I ask you. There is no need to tell other irrelevant facts. "

"Presiding judge, I'm done asking." the female prosecutor said.

"The appellant Hu Weijun's defender asked a question," the presiding judge said.

Fang Yi organized his thoughts and asked: "Appellant Hu Weijun, what is your real purpose for borrowing money from Feng Ping and Wei Xikui?"

"I borrowed money to maintain the operation of the factory. At that time, the factory had a lot of external debts and its business was not doing well," Hu Weijun said.

"Why didn't all the borrowed money be used for the operation of the factory, but you used it for stock trading?" Fang Yi said.

Even if Fang Yi didn't ask this question, it would still raise a question mark in the minds of the collegial bench judges. Instead of letting others guess, it would be more beneficial to Hu Weijun if he made it clear.

"I have a friend who specializes in stock trading and has made a lot of money. My factory has too much foreign debt, and the market is not good. Later I found that even if all the borrowed money is used for the factory, it may not be able to bring the factory back to life. And just borrowing money The high interest rate can crush my factory.

So I asked him to recommend some stocks to me. I used the borrowed money to trade stocks because I wanted to make more money, pay the principal and interest of the loan, and keep the factory going, but I didn't know that I was cut off. "Hu Weijun looked helpless.