The court is not only the place where disputes are most concentrated, but also a mirror that can best reflect social reality. In this sense, it is not surprising that even the greatest variables arise in the trial.

Qin Huaiyuan is an old judge, and he will naturally not be surprised by the variables in the court of Liao Wenchang's refusal to execute the case, but the reaction of the procuratorate made him a little unexpected.

He thought that the procuratorate would wait for Gu Shaokang to testify in court, and if Gu Shaokang testified that the IOU was genuine, he would apply for a judicial appraisal of the formation time of the IOU, but instead of doing so, the procuratorate went to supplement the investigation.

What he didn't expect even more was that only two days had passed, and the procuratorate's supplementary investigation had been completed, and it was requested that a second trial be organized as soon as possible.

Qin Huaiyuan asked Huo Bingxin what was going on.

Huo Bingxin only said that it was not clear on the phone, and when the new evidence was transferred, you would know it at a glance.

Qin Huaiyuan was confused when he heard it: The supplementary investigation was completed in such a short time, could it be that the procuratorate found some shortcut? Otherwise, how could they have re-indicted in such a short period of time and still be so confident?

Qin Huaiyuan's question was quickly answered.

The next day, Lin Gang sent the case file to the court, where the new evidence to supplement the investigation was placed in a separate file box.

Qin Huaiyuan looked at it, and there was a contract for a mortgage loan with a Camry car, a number of bank account account statements, and a transcript of Gu Shaokang. In the transcript, Gu Shaokang admitted that the IOU was forged, and it was Liao Wenchang who found him, handed the IOU to him, and asked him to help him use it to hide from the world.

There is no doubt that Gu Shaokang's transcript is the most critical evidence, but where did this evidence come from? Qin Huaiyuan really couldn't understand, with Gu Shaokang's character, how could he easily admit this kind of suspected crime? Could it be that his conscience has found out? It's weird!

Lin Gang saw Qin Huaiyuan's question and explained the matter to Qin Huaiyuan from beginning to end.

Only then did Qin Huaiyuan know that it turned out that Chen Molei was making suggestions behind all this.

Lin Gang also praised Chen Molei a lot, saying that he was a soldier who strategized and won a decisive victory for thousands of miles, and surrendered without blood.

Qin Huaiyuan said with a smile, it's okay for me to say this, but don't praise it in front of him, our executive director will go to heaven without praise.

In the afternoon of the same day, the court served the notice of hearing and the summons, and the hearing was scheduled for 9 a.m. on November 30.

The reason why he was in such a hurry to hold the court was because Chen Molei found Qin Huaiyuan.

He told Qin Huaiyuan that the summer and autumn enforcement activities will end at the end of this month, and there have been many cases of refusal to execute in brother courts, and in this regard, it is best not to lag behind, if Liao Wenchang can be found guilty this time, it can not only make the Dongzhou court's enforcement activities have a resounding and decent end, but also show the determination and strength of the Dongzhou court to crack down on the old lai, which can be said to kill two birds with one stone.

Qin Huaiyuan understood Chen Molei's thoughts, and agreed very happily.

Although the trial is scheduled for the last day of November, this is already the fastest, because for cases that are tried in public, it is necessary to publish the cause of action, the names of the defendants, and the time and place of the trial three days before the trial, and this procedure cannot be saved.

And this also means that if Liao Wenchang is found guilty, Qin Huaiyuan must write the verdict on the same day and complete the service, otherwise it will be an "expired product".

After Luo Xiaochuan received the notice of trial, he immediately rushed to the court to read the case file. After reading the file, he went to the detention center to meet with Liao Wenchang.

From this detail, it can be seen that he attaches great importance to this case, and he must know himself and his opponent before the trial, so as not to fight an unprepared battle.

At 9 o'clock in the morning of November 30, Liao Wenchang's refusal to execute case was reopened in the first trial court of the Dongzhou Court.

The people on the trial bench, the prosecution bench, the defense bench, and the defendant's bench are still the same, but the people on the observer bench have changed slightly.

Qin Huaiyuan rang the gavel and announced the resumption of the court investigation.

According to the usual practice, after the prosecutor read out the indictment, the next thing is to show the evidence, but Huo Bingxin did not show the evidence first, but first asked the witness Gu Shaokang to testify in court, which surprised everyone.

Although Luo Xiaochuan was also surprised, he had already developed the ability to not be surprised, and the consternation on his face was only a flash.

The door creaked open, and a bailiff led Gu Shaokang into the courtroom and stood on the witness stand.

After a series of processes such as ascertaining identities and reading out the rights and obligations of witnesses, the prosecutor first began to question.

Huo Bingxin took out an IOU from the file bag, held it with one hand, and asked Gu Shaokang: "Gu Shaokang, did the defendant Liao Wenchang call you this IOU of 10 million yuan?" ”

Gu Shaokang nodded lightly and said, "Yes, it was Liao Wenchang who called me." ”

Huo Bingxin continued to ask: "Then is this IOU real?" Or do you have a real borrowing relationship? ”

At this moment, everyone's eyes were focused on Gu Shaokang.

The air in the courtroom seemed to be condensed, and everyone was holding their breath, looking forward to what kind of answer Gu Shaokang would give.

"It's not." Gu Shaokang said: "The IOU is fake, it is forged, there is no borrowing relationship between me and Liao Wenchang, and he has never borrowed money from me......

"Gu Shaokang, let's talk about it after you think clearly!" Luo Xiaochuan suddenly interrupted Gu Shaokang and shouted at him: "If the IOU is fake, you are helping the defendant to commit perjury, and you are an accomplice to the crime of perjury, and you will be sentenced to prison." ”

"The Defender." Qin Huaiyuan immediately stopped Luo Xiaochuan: "Please pay attention, it is the prosecutor who is questioning the witnesses now, please don't interrupt the prosecutor's questioning at will." ”

Then he turned his gaze to the prosecutor's bench and said, "Please continue to ask questions." ”

Huo Bingxin nodded and continued to ask Gu Shaokang: "Gu Shaokang, where did this IOU come from?" Please answer truthfully. ”

"That's a long way to say." Gu Shaokang recalled: "At the beginning of last year, I can't remember what day it was, Liao Wenchang came to me and said that he wanted to use my name to open a bank card for capital flow. He also promised that I could get a 20% commission on every amount of money received.

In fact, I already knew that Liao Wenchang was the person subject to execution at that time, and I also knew that he did this to avoid execution. I thought, anyway, my amount of money flow is very large and frequent, and if I get a bank card and have more money flow, it will not arouse suspicion, so I agreed.

Of course, I was also wary of Liao Wenchang, so I just agreed that he had opened a Bank of China debit card in my name.

The card password has been modified, and it is estimated that Liao Wenchang went to the ATM to change it.

Since April last year, Liao Wenchang has started to transfer funds to the debit card in the form of cash deposits, and the day after each remittance, Liao Wenchang will transfer 20% of the commission from the card to me by bank transfer.

From April last year to October this year, Liao Wenchang remitted a total of about 10 million to Cari, and I received a total of 2 million commissions.

But since November this year, Liao Wenchang suddenly stopped sending money to Carry. At first, I was a little puzzled, but then I heard that Liao Wenchang was arrested by the public security organs, and I knew what was going on. ”

He paused for a moment, then added, "This IOU came later. On August 26 this year, Liao Wenchang called me and said that he urgently needed 3 million in cash.

I asked him why he had to use cash. He said that there is a limit on bank transfers, and it is not safe to use that bank card to transfer money to the third person, so he had to trouble me to take the bank card to the bank counter to withdraw money, and the commission is still the same. And he also told me not to let the third person know about it.

I wanted to continue to take his commission, so I agreed. The next day, on the morning of August 27, Liao Wenchang came to my house and gave me the debit card, and I took the card to the bank counter to withdraw the money and came back to him.

Later, Liao Wenchang was caught.

It didn't take long for Liao Wenchang's lawyer, Luo Xiaochuan, who was sitting on the defense bench, to find me, he was holding an IOU of 10 million yuan and asked me to help me commit perjury in court, and he told me that the IOU was prepared by Liao Wenchang in advance and there would be no problem.

I knew it was a crime to give perjury, so I didn't say yes.

Seeing that I had this attitude, he said that if I didn't believe it, he could use the relationship to appraise the IOU, and when the time came, the fake would become true. When I heard this, I felt that I had the bottom in my heart, so I was fascinated by money for a while and agreed. ”

Hearing Gu Shaokang name Luo Xiaochuan by name, there was an uproar in the auditorium, and then someone talked about it in private.

Qin Huaiyuan knocked on the gavel to keep everyone quiet.

At this time, Chen Molei deliberately observed Luo Xiaochuan, and saw that he was still calm, as if nothing had happened.

Huo Bingxin then asked: "There is one more question. On August 27 this year, Liao Wenchang drove a black Camry when he went to look for you, why did he change to a white Chevrolet when he left? ”

"Because he's cautious." Gu Shaokang said: "He was afraid that he would be targeted when he drove to me, so he wanted to change cars and leave." At that time, I happened to have a white Chevrolet in my hand, which was worth 30,000 yuan at most, so I gave it to him and drove it. At that time, the 3 million cash was put into the trunk of Chevrolet. ”

Hearing this, Chen Molei understood why on the afternoon of August 27, when they seized Liao Wenchang's security door in Qijiang's store, Liao Wenchang would have such an overreaction as a knife.

It turned out that he was not afraid that the security door would be seized, but that the people of the Executive Bureau would seize the white Chevrolet after seizing the security door, so that the 3 million yuan in cash in the trunk that had not had time to be transferred would not be saved.

"Did Liao Wenchang say whose car it belonged to?" Huo Bingxin asked again.

"He didn't say, and I didn't ask." Gu Shaokang said: "He just gave me the car keys and said that someone would come and drive. The next day, Liao Wenchang's second brother-in-law came to me to get the keys and drove the car away. ”

Hearing Gu Shaokang's answer, Chen Molei was somewhat disappointed: Originally, he also wanted to check whether the black Camry belonged to Liao Wenchang and whether it could be used as an execution property, but now it seems that it is difficult to find out.

Huo Bingxin whispered a few words to Lin Gang, then turned his head to the collegial panel and said, "Collegiate panel, Gu Shaokang's testimony has confirmed that this IOU was forged by Liao Wenchang in order to avoid execution. ”

As he spoke, he took out a three-page printed bill from his file bag and said: "Gu Shaokang said in his testimony that Liao Wenchang borrowed his name to apply for a debit card from the Bank of China to hide his personal property.

This is a detailed list of the funds we obtained from the debit card, which records in detail every hidden fund that Liao Wenchang remitted to the card, and the amount is completely consistent with Gu Shaokang's testimony, which can be used as evidence to determine the amount of Liao Wenchang's hidden property. However, the funds in the card have been withdrawn in batches. ”

The bailiff took the IOU and bank account account details from Huo Bingxin's hand and handed them to the collegial panel.

After reading it, the collegial panel handed it over to Liao Wenchang and Luo Xiaochuan for cross-examination.

Liao Wenchang didn't say anything after reading it.

Luo Xiaochuan took a general look, and then asked the bailiff to return it to the collegial panel, saying: "At the last trial, we have already said that this IOU is true, if you don't believe it, we can apply for an appraisal of the formation time."

As for the current statement, we believe that since this bank card is handled in the name of Gu Shaokang personally, the capital transactions in it should be recognized as Gu Shaokang's personal capital transactions.

Everything that the witness Gu Shaokang just said is only a one-sided statement, there is no conclusive evidence, and there is no corroboration, under such circumstances, it cannot be determined that my client has concealed property on the basis of such an IOU and a detailed list of capital transactions, let alone the amount of concealed property.

However, the Camry I just mentioned reminded me of one thing.

My client, Liao Wenchang, told me that the black Camry belonged to his second brother. On August 27, the reason why he went to Gu Shaokang was actually to use the Camry of the second brother-in-law as a guarantee to borrow money from Gu Shaokang.

On the same day, the two signed a loan contract of 200,000 yuan after negotiation. After Liao Wenchang received the cash, he sent a receipt note to Gu Shaokang. ”

As he spoke, he took out the loan contract from the file bag, held it with one hand, and said, "The loan contract is in duplicate, and this is the loan contract in the hands of my client Liao Wenchang."

This loan contract can further illustrate that my client, Liao Wenchang, did not deliberately evade enforcement, but really did not have the ability to perform. Since they are incapable of performing their duties, they naturally cannot talk about the issue of refusal to execute. Therefore, my client does not constitute the crime of refusal to execute, and the prosecutor's accusations are completely unreasonable. ”

With that, he handed over the loan contract to the bailiff. The bailiff handed it to the collegial panel. After the collegial panel looked at it, the bailiff handed it to the prosecutor.

During this period, Luo Xiaochuan glanced at Gu Shaokang and said, "In addition, I reserve the right to pursue legal responsibility for the witness's slanderous remarks just now." ”

After Huo Bingxin read the loan contract, he did not express his cross-examination opinion, but looked at Gu Shaokang with questioning eyes: "Gu Shaokang, what's going on with this loan contract?" ”

"This is all Liao Wenchang's idea." Gu Shaokang said very innocently: "Before he drove away the white Chevrolet, he was afraid that if the enforcement officers here caught him and aroused suspicion, he used my computer and printer to forge such a loan contract."

With this loan contract, even if he is caught, he can get things done, and he can also create a false impression that he is not only short of money, but also needs to borrow money from others, which can be said to kill two birds with one stone. That's why he forged the loan contract.

I signed the contract to cooperate with him. ”

Qin Huaiyuan asked Liao Wenchang and Luo Xiaochuan: "Defendant, defender, what is your opinion on what the witness just said?" ”

Liao Wenchang still didn't speak.

Luo Xiaochuan said: "We still have that opinion, the witness's statement is only one-sided, there is no conclusive evidence, there is no corroboration, and it cannot be used as evidence to determine the facts of the case." ”

Qin Huaiyuan said to Huo Bingxin and Lin Gang: "Prosecutor, please express your cross-examination opinions. ”

Huo Bingxin said: "The witness has already said just now that this loan contract is forged, and based on common sense, we also believe that this loan contract is fake.

Just imagine, the witness Gu Shaokang, as a rational person with full capacity for civil conduct, as a person who understands a certain amount of legal knowledge, if the facts are really as the defendant and the defender said, Liao Wenchang, as the person subject to execution, has no ability to perform legal obligations, how could he lend Liao Wenchang 200,000 yuan?

What's more, Liao Wenchang still has a previous loan of 10 million yuan that has not been repaid.

In this case, he also offered a loan to Liao Wenchang, isn't it very unreasonable? ”

Qin Huaiyuan said to Liao Wenchang: "Defendant, please explain the question just raised by the prosecutor. ”

Liao Wenchang threw the ball to Luo Xiaochuan again: "I want to ask my defender to answer for me." ”

Liao Wenchang was exercising his right to defend himself, and Qin Huaiyuan couldn't stop it, so he could only agree.

Luo Xiaochuan cleared his throat a little and said, "I'll explain." Although the previous borrowing has not been paid off, this does not mean that new borrowing cannot occur, which is not a legal problem.

I think the reason why the witness was willing to continue to lend money to my client should be because of the Camry car as security.

Here, I feel compelled to shed light on that Camry. According to my client, the car belongs to the highest configuration, and it is a quasi-new car, even if it is a second-hand car, the market price is about 250,000.

With this car as a guarantee, this loan of 200,000 yuan is also guaranteed, that is, this is a sure deal.

In this case, it is not surprising that Gu Shaokangken continues to provide loans to my client. ”

Qin Huaiyuan turned his gaze to the prosecutor: "Does the prosecutor have any objections to the defender's explanation?" ”

Huo Bingxin had to admit that the explanation given by Luo Xiaochuan was also reasonable, at least in the past, in this case, if he continued to dwell on the problem of the 200,000 yuan loan, I am afraid that he would enter a dead end.

Thinking of this, Huo Bingxin suddenly found that he seemed to have been led astray by Luo Xiaochuan intentionally or unintentionally.

So, he immediately adjusted his direction and said: "We believe that the defender's explanation is completely far-fetched, because he does not have any evidence to prove that the loan contract of 200,000 yuan has actually been performed, and the witness does not admit to having this loan."

Therefore, the so-called loan of 200,000 yuan cannot conclusively prove whether the defendant has the ability to perform his legal obligations.

On the contrary, the defendant and the defender have just said that the defendant has no money and no ability to enforce the law. However, in this case, when the loan of 10 million yuan has not been repaid at the expiration of the term, why has the witness Gu Shaokang not sued Liao Wenchang for such a large amount of debt? This doesn't make sense in common sense. ”

Qin Huaiyuan asked Liao Wenchang and Luo Xiaochuan: "Defendant, defender, do you have any explanation for the prosecutor's question?" ”

"I think this may be because Gu Shaokang wants to stand up and make an example of chickens and monkeys." Luo Xiaochuan said unhurriedly: "After the failure of Yongchang Company's operation, my client Liao Wenchang has been hiding debts outside, and he has never repaid Gu Shaokang's loan.

In this case, Gu Shaokang should know that even if he sues Liao Wenchang, the court may not be able to find Liao Wenchang, even if the court finds Liao Wenchang, he also wins the lawsuit, and the 10 million yuan loan may not be returned, in other words, in this case, the probability of him realizing the creditor's rights is already very small.

I think he probably thought of that, so he didn't prosecute.

But as a normal person with emotions, I think Gu Shaokang will definitely not be willing to leave it at that, he must want to find an opportunity to clean up Liao Wenchang and let out the evil anger in his heart, and more importantly, if he doesn't do this, other debtors may follow suit and hide and not repay the debt.

So, he has been waiting for this opportunity. It was at this time that this case provided him with a perfect opportunity.

This case is the first case of refusal to execute by the Dongzhou court, and my client, Liao Wenchang, is also the chairman of Yongchang Foundry Co., Ltd., a veteran private enterprise in Dongzhou, and has also served as a deputy to the People's Congress of Dongzhou before, so this case will definitely have a great impact on the business community in Dongzhou.

So, he wanted to take advantage of this rare opportunity to clean up Liao Wenchang with the help of the political and legal organs. At the same time, he also took this opportunity to warn other debtors that if anyone dares to owe him money and not pay it back, he will never give up, and he will seize all possibilities and opportunities to make the other party pay a painful price! ”

Huo Bingxin seemed to be angry with Luo Xiaochuan, and said to Luo Xiaochuan: "These are just your subjective assumptions, without any factual and legal basis. Defender, as a professional lawyer, you can't talk about it in court! ”

"I'm not just talking, but I'm well-founded." Luo Xiaochuan still looked unhurried: "As far as I know, Gu Shaokang is the largest money lender in Dongzhou, and he has cases not only in the Dongzhou Court, but also in other courts in Bohai City.

Before this, I also checked on the Internet, and he had about 300 litigation cases in the entire Bohai court system, involving a total of 100 million yuan. But this is only the amount that can be found in the effective judgment documents, if you add the cases that have not yet been concluded, the cases that have not been prosecuted, and the loans that are in a normal state, the amount of Gu Shaokang's foreign loans is estimated to be 200 million.

We all know that the risk of private lending is relatively large, and in order to collect debts, it is inevitable that some creditors will use some extraordinary means or even illegal means. It is said that Gu Shaokang has done this before, and he has been detained by public security for this.

So it seems to me that it is not at all surprising that he is now resorting to this tactic again. Just imagine, compared with the 200 million yuan creditor's right, what is the abandonment of this 10 million yuan creditor's right. I think Gu Shaokang should be calculating this account in his heart. ”

Huo Bingxin was really taken aback, he didn't expect that this young lawyer would not only be able to speak well, but also be thoughtful, and in the situation where the evidence was obviously unfavorable to his side, he would be able to explain an unreasonable matter reasonably.

Chen Molei's surprise was no less than Huo Bingxin's, after the first trial, he checked this Luo Xiaochuan's personal information on the Internet: Luo Xiaochuan just turned 30 years old this year, good at criminal defense, on his personal webpage, hanging his 3 successful cases of innocence defense, all of which are analyzed.

Even so, Chen Molei didn't think there was anything great about this Luo Xiaochuan, because he could do the three cases of not guilty defense, and the lawyer from the big city may not be a good lawyer.

But now it seemed that he was going to get to know the young lawyer again.

Reading the case file in advance can reflect a lawyer's conscientiousness and responsibility, but being able to find out information outside the case and use it for oneself is not only a matter of being serious and responsible, it not only requires keen thinking, but also needs comprehensive and systematic prediction, which is not something that any lawyer can do.

When reading the case file, Luo Xiaochuan was able to predict what Gu Shaokang would say in court from his testimony, and inquired about Gu Shaokang's "criminal record" in advance, and then thought about how to deal with it in court based on this information. It can be seen that this Luo Xiaochuan does have real talent and real learning.

No wonder Liao Wenchang was willing to entrust him as his defender, and no wonder Liao Wenchang's wife would invite him all the way from Shanghai to Dongzhou, an inconspicuous small county town.

Thinking of this, a series of question marks suddenly popped up in Chen Molei's brain: How did Liao Wenchang's wife Xin Lili know about this Luo Xiaochuan? The executive director of her own court has never heard of this person, how did she know about it? Will someone pull the strings? So who is this matchmaker? What is his purpose? What does it have to do with this case?

"Gu Shaokang, do you think so?" Huo Bingxin's strong and powerful voice pulled Chen Molei back from his thoughts.

"It's not." Gu Shaokang replied in a very positive tone: "I don't think so, although I am a businessman, my mind is not so meticulous and complicated. ”

He glanced at Luo Xiaochuan on the defense bench and said, "If I have the opportunity in the future, I would like to have a good discussion with Lawyer Luo." ”

Luo Xiaochuan just smiled and didn't say anything.

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