"There is nothing humiliating about the plaintiff's question just now, defendant, you are too sensitive, please answer the other party's question head-on. ”

Zhao Yucheng, the presiding judge of this case, said in a fair and just official tone. His words also revealed the matter that Feng Jianxiong secretly despised and angered Deng Changchun just now, and gave a certain tone.

Deng Changchun was depressed and aggrieved for a while, and his blood pressure soared.

Since he offended Feng Jianxiong a few months ago, it has not been humiliated once.

He could only respond angrily to the presiding judge's request, saying: "Okay, I'll answer! What is the specific question! Ask again!"

The presiding judge nodded, also turned to Feng Jianxiong, and reminded: "The plaintiff's attorney should also pay attention to the fact that the questions should not be asked with too many subjective descriptions and speculations, please be simple and clear. ”

"Yes, thank you very much for the reminder. Feng Jianxiong took a proper demeanor, and then turned to Deng Changchun,

"Mr. Deng, please answer positively: Can you guarantee that your company is standardized in terms of financial invoicing and 'ticket sales products'?

In other words, do you dare to guarantee that you have not played such financial fraud as 'selling Class A goods, but the invoice is selling Class B goods' when you issue financial invoices? If you dare not guarantee it, then all the invoice evidence submitted by Mr. Li should be invalidated! Because your company's financial credit has problems in this regard!"

"I ......" Deng Changchun choked, gritted his teeth and was about to answer.

"I'm against it!" Li Yifeng shouted, and hurriedly interrupted Feng Jianxiong's concept of stealing the exchange, "Presiding judge, the plaintiff's agent is really secretly changing the concept! The company operated by our party is very standardized financially, and there is no need to repeat this.

However, you should also know that as a business leader, it is impossible to personally supervise every financial person, especially some enterprises have a large amount of financial outsourcing. As long as the enterprise manager does not evade taxes and is responsible for this problem. How is it possible to be responsible for all the small, possible mistakes of the financial staff?

Even if there are a few flaws, those flaws have nothing to do with this case! Taking 10,000 steps back, can it be deduced that a company may have tax defects and can it be deduced that they will also commit fraud in the field of brand protection? These are two completely unrelated fields!

When he said this, Li Yifeng was already sweating a little, and said in his heart that he was fortunate to see the opportunity quickly.

Otherwise, it is estimated that Feng Jianxiong's next step is to squeeze Deng Changchun with words, and after he swears that "our company has never issued false false invoices", he will take out one or two fake invoices/wrong invoices that Longsheng Food has problems with, and then use this example to refute "Longsheng Food's financial irregularity, so the validity of the invoices used in previous years is doubtful".

In the cross-examination, the key is to knock out the probative power of the opponent's evidence, or at least make the presiding judge feel that the probative force is doubtful.

was stirred up by Li Yifeng like this, and even Deng Changchun felt the smell of conspiracy. Rao is a bit of a pig teammate and has a low culture, and now he has reacted to what to say.

This is also the first time that he really began to feel that the lawyer's fee for Li Yifeng at this price was still worth it, after all, the other party really had the ability to help him plug the leak.

So Deng Changchun changed his words slyly: "Yes, respected presiding judge, has our company evaded taxes, and what is the matter with today's case? Although our company definitely does not evade taxes, who dares to do anything and I will be the first to break his leg if I find out......

Presiding Judge Zhao Yucheng frowned, secretly thinking that Deng Changchun must have let the finance issue fake invoices, but that was also a matter for the tax department.

In other words, in the past few years, Deng Changchun should have issued fewer invoices and wrong invoices just for the motive of tax avoidance, but it is unlikely that he will issue wrong invoices in order to protect the brand.

Therefore, even if it is proved that there are many problems with his family's invoices, it has nothing to do with this case, at least it cannot prove that "it is possible that the wrong invoice was issued for this case".

He was about to remind Feng Jianxiong to pay attention to this, but Feng Jianxiong preemptively asked: "Mr. Deng, then let me say another thing - I don't ask whether your company's finance has any invoicing errors and mistakes in tax avoidance and amount." I only ask, do you dare to guarantee that there is no possibility of opening the wrong column of 'product name' under the condition that the amount and tax type remain the same?

In other words, as long as you dare to guarantee, even if I come up with an invoice that proves your company's tax evasion and tax evasion in the next second, and proves your company's financial dishonesty, it will have no probative force in this case! I am willing to bear such adverse consequences!"

Feng Jianxiong's words were loud, blocking the points that Zhao Yucheng and Li Yifeng thought of in their hearts, and the two of them stopped making noise.

Deng Changchun learned to be obedient this time, first glanced at Li Yifeng, and saw that Li Yifeng was pondering there as if he didn't see him, Deng Changchun gritted his teeth and replied head-on: "No! I dare to guarantee that our company has never deliberately opened the brand name of the products sold into other brands! Of course, if the customer asks us not to reflect the specific product, we can only do it! I hope the presiding judge will understand this situation!"

Regarding Deng Changchun's final addition, Zhao Yucheng nodded in understanding.

In China, many units buy things, even if the seller wants to reflect what the specific product is and what model it is when issuing the invoice, the buyer may not want to reflect it. At this time, you can only open a general category of product names.

The reason why this is the case is nothing more than for reimbursement.

Many public units spend money to buy inflatable dolls, hoping that the invoice will only reflect "daily necessities" or even "office supplies", and finally reimbursement.

So you can't blame the seller for this kind of thing.

In other words, under the circumstance that Presiding Judge Zhao Yucheng has agreed to this, if Feng Jianxiong comes up with this kind of evidence for a while, it will have no probative power.

"Very well, I fully understand the difficulty of domestic enterprises. Feng Jianxiong had no fear at all, and accepted this setting very calmly.

"Could it be that there is any deeper conspiracy?" Li Yifeng felt his brain suddenly beat, and his heart panicked inexplicably.

However, he didn't have much time to panic, because Feng Jianxiong revealed the mystery in an instant.

"Mr. Deng, these invoices in my hand are just issued by your company this quarter. In addition, I have two faxes here that can prove that they are between your company and the customer's unit.

According to the fax, the customer clearly asked your company's sales invoice to reflect the product, specification, and brand, but your company's financial reply letter said that it was indeed difficult to 'coordinate the product name', and finally the customer agreed - I believe you can identify its authenticity. ”

Li Yifeng was stunned for a moment, his face changed, and he hurriedly asked Deng Changchun in a low voice: "What's going on! Are your company's finances stupid? It's not for tax evasion, even the amount remains the same, why are you cheating in such an inconsequential place! Also, how could it be controlled by the other party?!"

Deng Changchun didn't understand either, and said firmly: "It's impossible!"

Feng Jianxiong Zhizhu turned to Zhao Yucheng in his hand: "Presiding judge, I request that the above-mentioned counter-evidence be submitted to the court record and verify the authenticity!"

"Accept the above counter-evidence and ask the clerk to record the situation. Zhao Yucheng agreed.

Soon, the thing was properly documented and confirmed to be genuine after a simple identification. Only then did Deng Changchun see the specific content of the display.

"Ahh......h

"It seems that the defendant is speechless, so let me explain it to him. Feng Jianxiong looked at the other party's panicked like a defeated dog, and said with a smile, "Honorable presiding judge, judges. I believe you may not know the characteristics of local non-staple food specialty enterprises represented by Longsheng Food.

Although these township enterprises will later grow to tens of millions or even more than 100 million yuan in annual sales, their roots are still rooted in the protection of the place of origin of special products - for example, in our Qiantang and Longjing, there are many village party secretaries, who are the owners of roasted tea factories, and then in essence, they monopolize the purchase of tea leaves from the villagers, fry and process, and sell them at a higher price. In the case, the same is true for companies that make walnuts and other nuts.

Perhaps the purchase price of agricultural raw materials for the villagers in their own village will be lower than that of outsiders, but many villagers will still succumb to this price difference because of the local favors of the villagers and the prestige of often thinking about underwriting and ensuring harvest in drought and flood. And Deng Changchun, the owner of the defendant company, is obviously also making a fortune in this way——"

Feng Jianxiong's foreshadowing was a bit long, so much so that Zhao Yucheng didn't hear anything related to the case for more than a minute, and had to remind the other party: "Plaintiff's agent, please pay attention to the connection between your words and this case!"

"Thanks, of course there's a connection, I'll get to that in a moment. Feng Jianxiong modestly accepted the presiding judge's opinion and continued, "Deng Changchun's enterprise started by relying on his supply to local fishermen in Dongou and dealing in local specialty products. Therefore, he should also pay attention to the protection of his suppliers like all similar local specialty enterprises - this is also the place where this kind of enterprise has a human touch compared to outsiders.

What is the content of the two 02-year invoices provided by Mr. Li just now? They are canned spicy sardines soaked in oil under the brand of 'Seafood Gan Ma'. According to our investigation, at that time, their company's promotional materials wrote that the 'Seafood Gan Ma' brand products were only a few of the big road products - note, I just said that their propaganda was written like this, not that I admitted that they had actually sold products with the brand 'Seafood Gan Ma' at that time, and sold them.

However, we are very strange because both invoices were issued in May and June. At other times of the year, not only did we not find any sales invoices for the company's 'Seafood Gan Ma' brand, but even their 'canned spicy sardines soaked in oil' products rarely appeared in the sales invoices - this is obviously unreasonable, why is a hot-selling product only selling in certain months of the year, and suddenly no one buys it in other months?"

"Maybe it's just seasonality, sardines are only available in certain months?" It was Li Yifeng who couldn't help the other party's tirade, and began to fight back with nothing to do, in short, he just couldn't let Feng Jianxiong speak freely.

Feng Jianxiong smiled: "Lawyer Li, then I can only say that you don't know the grains, it's too common sense: sardines are available all year round, and they can be imported and processed from neighboring countries at a low price."

However, I still want to thank you for 'speaking up', because you are half right - yes, the reason for this abnormal invoicing is precisely because of the seasonality of the raw materials, but the expression is exactly the opposite!"

"What's going on!" Zhao Yucheng was a little curious, but his tone was still majestic.

"Presiding judge, the situation is like this: our investigation shows that in other months of Longsheng Food's year, the sales of canned pomfret soaked in spicy yellow croaker and even other flavors were extremely high, which was also reflected in the invoice. In a certain two months, those products suddenly disappeared, or the specific sales goods were not written vaguely, and perhaps only when some customers strongly requested that the name of the product be reflected, it would be attached to other products.

At first, we were puzzled, but after investigating the joint inspection of the fishery administration department and the tax department of the year before and the previous year, we guessed a possibility:

In the previous year, in order to strictly investigate illegal fishing during the fishing ban period, the Dongou fishery administration department adopted the method of cooperating with the tax department to verify the sales of short-term fishing ban products produced by local specialty non-staple food enterprises during the fishing ban period.

In this case, if it is an 'outsider enterprise' mentioned above, it is no problem to cooperate with the fishery administration and taxation. Because they are not violating any laws by buying raw materials such as yellow croaker and pomfret that did not have the cultivation technology at the time and must have come from wild fishing. It is only their upstream suppliers who break the law, that is, the fishermen who are fishing against the wind. Therefore, foreign enterprises can supply suppliers without dying in poverty.

However, as I said, Deng Changchun's company is a local enterprise, and it must maintain its prestige in the local area, and cannot betray its fellow villagers as suppliers. Therefore, he had to ask his company's finance department to pay attention to not invoicing certain products in months where they should not appear, so as to leave trouble.

Therefore, it is entirely possible that a 'seafood godmother' was just preemptively registered, and only a few products were fabricated in the publicity, but there was no actual sales. Then, in order to cope with the verification, I conveniently fabricated some orders for them to cover up the actual sales of goods that did not reflect the real 'Seafood Gan Ma' brand!

In fact, such an act of changing the name and trademark of the product sold on the invoice is very common in China. For example, in those industries that involve the refund of national energy-saving subsidies, Sanxiong Laser and Leitu Lighting have the behavior of selling products that are not the specifications in the subsidy list of the NDRC and falsely invoicing the products in the subsidy list......"

"But...... All this is just your speculation! You have no direct evidence to prove that these two invoices back then, and even the other ones that you predicted later! Even protecting suppliers is just your own speculation!" Li Yifeng made the last resistance with sweat, but a fear rose in his heart.

He no longer dared to have even the slightest contempt for the young agent opposite—even if the other party did not have a lawyer's license.

Li Yifeng used all his common sense and reasoning, racked his brains and thought for a long time, as if he had grasped some life-saving straw, and finally retorted in his heart:

"Also, there is a big loophole in the reasoning of the other party's agent! As we all know, pomfret is a deep-sea non-farmed fish, because of the problem of water pressure, it dies when it comes out of the water, and the normal sales are all frozen dead fish. Since the fish is already frozen, can't it be frozen for a few more months until the off-season before selling?

Anyway, it's not fresh fish anymore, even an ordinary small owner of aquatic products wholesale can think of such a method, right? How can the fishery department trace back to such a supplier to track down the person who violates the fishing ban?"

Unfortunately, this counterattack did not have any effect, and Feng Jianxiong had obviously done his homework to this point.

He took out a canned yellow croaker in court.

"It seems that Mr. Li has a good life and has never eaten canned food – in the daily sale of fresh food, these non-farmed marine fish are of course chilled or even frozen to extend the shelf life. But for canned food companies, there is basically no such superfluous move, because the canning itself is to extend the shelf life, even if it is to be delayed to the off-season sales, it should be caught and processed immediately, rather than in the state of ice fish stored for two months and then processed - every quick freezing and thawing may cause the texture and cells of the fish to be destroyed by ice crystals, affecting the taste. So I don't think canning companies would do that if absolutely necessary. ”

Feng Jianxiong said this, Li Yifeng didn't understand this, and hurriedly looked at Deng Changchun next to him, and cast a look of help, but unfortunately the other party's expression was evasive, and he didn't mean to explain, it seems that what Feng Jianxiong said is common sense in the industry.

Seeing that the other party was silent, Feng Jianxiong took advantage of the victory and pursued: "The details of the year, of course, are speculation, but the two invoices I took today and issued this year are solid evidence! I can prove that your company has the motive to open this kind of brand and product name, but it does not change the invoice amount and is not for tax evasion!"

I can prove that your company has a motive to issue wrong invoices even if it is not for tax avoidance! For the rest, I believe that the court will judge whether my reasonable suspicions are worthy of support -- Dear Presiding Judge, I think the above chain of evidence is sufficient to prove that the defendant's financial integrity in this regard is insufficient! The invoices issued by the defendant for the current year are not sufficient to prove that the defendant has used the trademark in question from that time!"

Deng Changchun and Li Yifeng glanced at Zhao Yucheng in fear, the latter muttered for a while, exchanged views with the two jurors, and finally chose to accept Feng Jianxiong.

"It's over! No, we still have evidence of advertising and promotional materials, which can prove our 'good use in advance' in those years!" Li Yifeng was caught off guard and a little confused, almost thinking that he was going to admit defeat completely. Fortunately, after calming down, I found that I still had half of the evidence to hold onto.

It's a pity, how could Feng Jianxiong give him a chance to breathe?

He didn't even have the time to sip tea, and Feng Jianxiong's unhurried voice sounded again: "Next, let me cross-examine the second part - that is, your company's so-called 'advertising evidence that proves the prior good faith use' - may I ask the defendant, can your company get the proof of the advertising expenses for the trademark involved in the case over the years?"