Chapter 606: Trial.
The day of the trial was fast approaching. Wu Jing and Wan Cao also came to participate in the trial, and even Wan Yin arrived.
For the first time, Yizhen had a shared relationship with the Wan family.
"Don't worry, it won't bother you. "It's really comforting.
The plaintiff is a middle-aged man, and the complaint is a copy of Yizhenfang's lawyer. The complaint was also alleged to be plagiarism and fraud.
Although he is the gunman in a farce of "the drunkard does not mean to drink", the imitation of the painting is quite high.
In the first round, the plaintiff first presented three pieces of evidence, including the sales contract authorized by CC with Yizhen's signature, the remittance account number, and the appraisal report of the painting.
The two paintings are strikingly similar, including the time.
The evidence submitted by lawyer Zhang included a booklet recording the time when the painting was completed, a restored surveillance video, and a driving record.
"On the day of the incident, an hour and a half before Mr. Wan Yanzhen came to collect the paintings, Yue Li, an employee of the Ye family, took a painting into the defendant Yizhen's room and took another painting on the coffee table. ”
An hour and a half later, Mr. Wan Yanzhe took the painting, during which Yue Li did not return to Ye's house, and his whereabouts were still unknown. ”
According to the dashcam video, Mr. Wan Yanzhe handed over the painting to the plaintiff the first time he got it. ”
The plaintiff's lawyer said: "But this does not prove that the paintings taken by Yue Li are originals, and it cannot be ruled out that both paintings are plagiarized works." ”
Lawyer Zhang said: "According to the comparative analysis of our defendant's other paintings, in terms of the technical treatment of the paintings, the similarity between the original paintings and our painting techniques is as high as 90%. ”
The plaintiff's lawyer was very cunning and said: "The difference in the similarity between the two paintings in our hands is only three percent. Moreover, it is a fact that the defendant sold us a high-quality imitation painting, and there was plagiarism and fraud. ”
"According to the surveillance, Yue Li took the painting out, but we don't know where it went, who it was given to, whether the painting was real, or even whether there was a connection between her actions and the defendant. ”
"To the best of our knowledge, the defendant is CC's chief fashion officer and illustrator. Nowadays, there are many paintings on the market that are sold under the name of the defendant, which is rare in the industry. In addition to these frauds for the purpose of self-hype, there is also plagiarism. ”
"What we're dealing with today is one percent of these paintings. May I ask the defense lawyer, if the two paintings in the video are fake, how can they explain it?"
Lawyer Zhang interrupted: "The plaintiff's lawyer is purely personal speculation and cannot be used as a statement in court. ”
The plaintiff's lawyer is even more indiscriminate: "Defendant lawyer, this is not my personal speculation. This is the mass psychology after the guidance of public opinion. The substantive justice of judicial results needs to be based not only on the law, but also on the basis of public opinion and public opinion. ”
"I still say that the video does not prove that the painting that was replaced is the original painting. However, the damage caused by the defendant to our plaintiff is real, and we demand a fair trial. ”
Lawyer Zhang retorted: "Can the plaintiff's lawyer prove that the two paintings in the video are highly imitated? Can you actually produce evidence of the defendant's plagiarism and fraud? Can you give an explanation to the so-called public psychology instead of inciting the jury here?"
"The video and driving records can prove that the fake paintings bought by the plaintiff have nothing to do with our two parties, so how can the plaintiff say that it is fraud?
The trial was at an impasse.
Yizhen motioned to lawyer Zhang, and the judge allowed the defendant to speak.
Yizhen said: "First of all, I agree with the plaintiff's lawyer's view that the substantive justice of the judicial result needs to be based not only on the law, but also on the consideration of public opinion and public opinion. ”
"But I am the most victim of online public opinion, and I also have the right to resort to the court to demand that the infringement be stopped. ”
While the defense lawyer uses online public opinion to participate in the judicial outcome, it strengthens the negative effect of public opinion guidance, and will also have a negative impact on his reputation. I asked the plaintiff's lawyer to apologize to me at the end of the trial. ”
The plaintiff's lawyer and lawyer Zhang were stunned.
Plaintiff's lawyer: "Naturally, if the defendant can prove his innocence, I will naturally apologize to the defendant." ”
"Good. Yizhen nodded: "I have never painted the so-called famous paintings on the Internet." My paintings are all handled by the gallery that I co-branded with CC. Each of my paintings has a date and is re-registered. ”
"The identification of any painting can be corroborated by the date. This is one of them. ”
"The first time the money was remitted to the official account, and it had nothing to do with me. ”
"Third, the customer list can be specific to the time. ”
"Fourth, my evidence is simple, hair. ”
In 1977, there was a debate as to whether the painting Still Life with Peony, found in an attic in Belgium, was an authentic Van Gogh. ”
And Monique, an expert in art conservation, carefully examined the painting and extracted a hair from it. Monique said that the hair must have come from the painter himself, because it was buried deep under the layers of oil paint, which was simply imperceptible to the naked eye, so it was not discovered for so long. ”
"As the plaintiff's lawyer said, as the chief fashion officer and illustrator of CC, there are many paintings on the market that are sold under my name, which is rare in the industry. ”
"I was also surprised, and it just so happened that there was evidence left in this painting, which is hair. It is also buried deep in the bottom layer of the oil paint, and according to DNA identification, it can be proved that the painting is from me. If the public opinion can meet all four conditions, I have nothing to say. ”
Two paintings were taken for evidence.
The plaintiff's lawyer showed an unwilling look: "But you didn't disclose this in advance. ”
Yizhen explained: "For us artists, every work is poured into soul and life. The strand of hair I left in there may not be as long as my eyelashes, but scraping through the thick layer of oil paint to find this strand of hair is sure to ruin the whole picture. ”
"I won't ruin my hard work in order to prove my innocence unless I have to. That's why I didn't ask Mr. Zhang to produce evidence. ”
"In addition to this painting, we were able to obtain DNA test results from three other paintings provided by our defendants. ”
"The official released all the information about the paintings of our defendant three days ago. This includes the money account and the flow of funds. If the online public opinion cannot produce evidence that satisfies the three requirements, we will inevitably be held accountable to the end. ”
The judge asked, "Plaintiff's lawyer, can you provide any more new evidence?"
The plaintiff's lawyer shook his head.
Yizhen breathed a sigh of relief at this time, and subconsciously looked at the position of the night embers, and he nodded slightly.