Lawyer's character
Chapter 298 Crying with joy
"The prosecutor can respond to the defender's defense opinions." The presiding judge glanced at the prosecutor and said.
"We believe that the defendant used deception to obtain the purchase money by selling one house and two. Although the purchase money is in the company's account, the actual controller of the company is the defendant. In other words, the company belongs to the defendant, and the defendant Taking possession of the house purchase money in disguised form.
Moreover, the defendant transferred all the equity shortly after receiving the money for the house purchase, with the purpose of obtaining cash by transferring the equity. The fraud method was more subtle, so we believe that the defendant committed contract fraud. "The prosecutor said.
“The defender can respond to the prosecutor’s opinions,” the presiding judge said.
"The defender believes that first of all, the company is an independent entity established in accordance with the law and has legal personality. Its assets are independent of the defendant's assets. The existing evidence on record cannot prove that the two properties are mixed. Therefore, the company's property belongs to the company, not of the defendant.
Secondly, the defendant transferred the company's equity entirely for commercial purposes, and according to the evidence provided by the prosecutor at the first instance, when the defendant transferred the equity, in the equity transfer agreement, the buyer and the seller had already negotiated the issue of assuming the debts arising from the sale of one house and two houses. The agreement was reached, and there was no problem of cashing out after contract fraud as mentioned by the prosecutor.
The court is requested to support the appellant’s claim in accordance with the law. "Fang Yi said.
…
The trial is over. Fang Yi is sitting at the defense table waiting for the final verdict. No one came to listen today. Before the trial started, Yi specifically notified Peng Huayan and asked her if she would come to the scene to observe. After hesitating for a moment, the other party still did not come. She Stay in the office and wait for news from Fang Yi.
More than ten minutes later, the judges of the collegial bench entered the court one after another, and the appellant Zou Qiang was also brought into the court.
"... This case has been reviewed by the collegial panel and a verdict has been formed. Based on the opinions of the prosecution and defense, combined with the focus of the dispute in this case, and based on the facts and evidence of this case, this court made the following comments:
… There were indeed special reasons when the defendant signed the relevant contract for the first-house and second-sellers. Before fulfilling the obligation to deliver the house as stipulated in the contract, company changes such as equity and asset transfers occurred, and the company changed the debts incurred by the relevant entities for the first-house and second-sellers. There was a separate agreement on how to bear other debts. Therefore, it is difficult to establish that the defendant Zou Qiang had the purpose of illegally possessing other people's property, and it does not meet the constitutive characteristics of the crime of contract fraud. This court ruled that the appellant Zou Qiang was not guilty. "The chief judge said.
Fang Yi felt relieved. It seemed that he had met a responsible judge this time, which also proved his prediction in disguise. The person hidden behind the case did not have such great influence at all.
After dragging his tired body out of the court, Fang Yi called Peng Huayan and told him about the trial, with excitement in his tone.
After hearing this, Peng Huayan said thank you, his tone did not change much, he was still so humble. But she was holding her cell phone in the office. After listening to Fang Yi's words, she burst into tears and cried with joy.
New Year's Day is coming soon, and there is still more than a month before the Spring Festival. Colleagues in the team are no longer so hasty.
Fang Yi originally wanted to take his son back to the village to relax during the New Year's Day holiday, but after tentatively asking Cao Xiaohui about his recent arrangements, he gave up the idea. Fang Anzhi is about to take the exam, and Cao Xiaohui has asked his tutor to take three days off. Xiaozhi will "retreat" at home to prepare for the exam.
This is Xiaozhi's first final exam after arriving at Experimental Middle School. The previous weekly, monthly and midterm exam scores are only for reference. This exam is very important to Xiaozhi. Because after this exam, the school will adjust the classes according to the students' performance, and the top students will be taught intensively.
On the New Year's Day holiday, Fang Yi went to his old friend Li Shuming's Brilliant House to catch up with him and drink until the early hours of the morning. At noon the next day, he borrowed a car from Li Shuming and returned to the village alone.
After returning on New Year's Day, Xie Youhe distributed things one by one with a happy face. Fang Yi joked: "My son is getting married?"
"Marry? I would like to have a grandchild now, but the little brat won't do it! I met a French girlfriend and chatted online all day long. I asked him to bring her back to meet her. If it was confirmed, we would settle the matter quickly. After it's settled, what do you think he said?" Xie Youhe said.
"What do you mean? Do you want to develop abroad?" Fang Yi asked curiously.
"He said that he would work hard for a few years while he was young, and he would wait until later to discuss marriage. If he lets go, it will be years and years later! What do you think this is?" Xie Youhe looked depressed.
Fang Yi took the discount coupon issued by Xie Youhe and looked at it: "Lao Xie, is this Western restaurant the one your son went to?"
"Yes, this is not the time for New Year's Day. He performed well. Their manager asked him to work hard. The Western restaurant in the capital needed manpower. He said it was possible to send him to the capital and double his salary.
No, bring me a bunch of discount coupons so that we, the old couple, can try Western food when we have time. Just tell me, I have to pay for Western food myself. This son is so filial! I have it lying around at home, so I brought it to everyone who is willing to go and save some money. "Xie Youhe said.
"Look! It's so affordable! Other people's children have to ask for money from their families when they go to work. Your son not only doesn't want money, but also brings you things back. Just be satisfied!" Fang Yi said with a smile.
"Lawyer Xie, I think what Lawyer Fang said is right. There are few young people nowadays who can spend their salary until the end of the month. They are emperors in the first half of the month and beggars in the second half of the month. It's not like when I first started working. Ah, with the first month's salary, I can't wait to drink water. I can't bear to eat or drink." Zhou Yunyuan said with a bitter and hateful expression on his face.
After the two said this, Xie Youhe suddenly felt that he had spent millions to train a chef. It seemed that he was not the most disadvantaged parent in the country. At least his son never asked for money after returning to China. He found a job by himself. Yes, the salary is higher than mine, and I can still have Western food from time to time.
Thinking of this, his mood suddenly improved a lot, the sun was brighter, the flowers were more beautiful, and even Lawyer Sima, whom he disliked most, seemed better than before... Forget it, let's not mention Lawyer Sima.
"Lawyer Zhou, those who don't know better would think that you and Lawyer Xie have been together for a year. You are very old-fashioned." Mei Xiaoting curled her lips.
Zhou Yunyuan was not angry after hearing what Mei Xiaoting said. He smiled and was about to speak when Wang Deyou on the side spoke: "Lawyer Zhou, I really admire you. You are so good at saving money."
After hearing what Wang Deyou said, Zhou Yunyuan immediately put on a look of despair: "What's the use of saving money? I gave it to my wife as soon as I got married! I didn't enjoy any of it."
As soon as he finished speaking, everyone immediately laughed.
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