"Appellant Cao Yueshan, do you have any objections to the facts and charges found in the first-instance verdict?" The presiding judge asked.

"I have objections to the facts and charges found in the first-instance verdict.

The first-instance judgment held that for the purpose of illegal possession, I concealed the facts and signed a construction agreement for the new residential real estate project with Lianda Company in the name of Honghai Company, and fraudulently obtained 3 million yuan of illegal possession through the agreement, which constituted the crime of contract fraud. I don't agree with that.

When I signed the agreement with Mr. Chen of Lianda Company on behalf of Honghai Company, the project materials submitted to the other party were all genuine and there was no fraud. In addition, I also used all the 3 million yuan deposit paid by Lianda to Honghai for the project, and there was no illegal possession, so I believe that the facts found in the first-instance judgment are unclear. ”

Cao Yueshan knew that this was his last chance, and once the charges were confirmed, he would face fifteen years in prison, so he attached great importance to this trial and made a lot of preparations.

"Next, the prosecutor will question the appellant about the facts ascertained in the first-instance judgment." The presiding judge's emotionless voice echoed over the empty courtroom, making people feel a little cold.

"Appellant, did you have the ability to perform the agreement when you signed the agreement with Lianda?" The female prosecutor asked sternly.

"At that time, the project had just started, and I was raising funds...... Cao Yueshan was interrupted by the inspector in the middle of his words: "Please directly answer whether you have the ability to fulfill the contract." ”

"At that time, the project was being financed, and I had already talked to several financial institutions." Cao Yueshan Road.

"In other words, when the contract was signed, it didn't have the ability to perform the contract, right?" The female prosecutor said.

"Yes, there wasn't enough money at the time." Cao Yueshan's voice softened.

"According to the agreement between the Red Sea Company and the Gaojiazhuang Village Committee, the Red Sea Company will pay 50 million yuan to the Gaojiazhuang Village Committee for the start-up capital, will the Red Sea Company pay?" The female prosecutor asked coldly.

"Didn't pay." Cao Yueshan Road.

"Are the approval procedures for the new residential project complete?" The female prosecutor asked.

"No, approval is pending." Cao Yueshan Road.

"Presiding Judge, I'm done." The female prosecutor said with a serious face.

"Appellant Cao Yueshan's defender asks questions." The presiding judge said.

"Appellant, what was the money used for the $3 million deposit paid by Lianda Company?" Fang Yi asked.

"The construction deposit of 2 million yuan was refunded to the subsidiary of Urban Construction, and then the remaining 1 million was used for the operation of the Red Sea Company." Cao Yueshan Road.

"Have your salaries and bonuses increased during this time?" Fang Yi asked.

"No, don't look at me as the boss of the Red Sea Company, but my salary is not high, in order to pay wages to employees and promote the operation of new residential projects, I have not received my salary for several months, and the company's financial accounts are recorded, and now the company still owes me tens of thousands of wages." Cao Yueshan Road.

"Before signing the contract with Lianda, did Lianda send someone to the site to see the project? Have you sent professionals to conduct on-site due diligence on the project? Fang Yi then asked.

"No, after the Red Sea signed the construction contract with the subsidiary of Urban Construction, because of the financial problems, the construction contract was delayed, and after the two of us terminated the construction contract, I was anxious to find the construction party, so the conditions given were better, and after talking with the four construction companies, Chen Zheng of Lianda Company felt that the project was good, and only looked at the project renderings and signed a construction agreement with the Red Sea Company.

Lianda did not send anyone to the scene to check the actual situation. "Cao Yueshan Road.

"Did the other party mention that they wanted to go to the scene to check the situation, or send someone to the owner to understand the situation?" Fang Yi asked.

"No, at that time, Chen was optimistic about the project, so Lianda and Honghai signed the contract, and I showed him the agreement we had with Gaojiazhuang at that time. He had no objections. "Cao Yueshan Road.

"Presiding Judge, I'm done." Fang Yi said. His purpose is very clear, that is, to let the collegial panel know through interrogation that Cao Yueshan did not embezzle the security deposit.

"Now that we will present and debate evidence, do the prosecutors, defenders, and appellants have any new evidence to submit?" The presiding judge asked.

"Nope." The three parties replied.

"The court investigation is over, and now the court argument is open. Before the debate, the court draws the attention of the prosecution and the defense to the fact that the debate should mainly focus on the determination of the charge, sentencing and other controversial issues. First, the appellant and defender are invited to speak. The appellant, Cao Yueshan, could defend himself. The presiding judge said.

"My defence is as follows:

First, the court found that the facts were unclear, and that the deposit of 3 million yuan paid by Lianda was not embezzled by me, but was used for the project and the company's operation, and I did not occupy a single cent.

Second, the construction agreement signed between Red Sea and Lianda is a true expression of the intentions of both parties, and I have never deceived Lianda.

Third, the new housing project is real, and although there are financial problems with the Red Sea Company, the agreement signed between the company and the village committee is still valid and has not been dissolved.

This is because I believe that the facts found in the first instance are unclear and the evidence is insufficient, and I am not guilty of contract fraud. Complete. Cao Yueshan's self-defense opinion was written by himself at Fang Yi's prompting after Fang Yi helped him sort out the facts of the case during the meeting.

"I will now speak by the defender of the appellant Cao Yueshan." The presiding judge said.

"The defense argued that the appellant did not commit the crime of contract fraud.

First, the new residential project in Gaojiazhuang Village actually existed, and the appellant subjectively wanted to build the project. The Red Sea Company signed an agreement of intent with the Gaojiazhuang Village Committee, paid a deposit of 3 million yuan in advance, rented the villagers' land to build temporary buildings, and created conditions for the performance of the contract.

Second, the appellant went to Beijing for financing, not to avoid debts. Taking 10,000 steps back, even if he is suspected of avoiding debts and his behavior is somewhat fraudulent, the Red Sea Company still has a certain amount of upfront investment in the new residential project and has built some temporary buildings. It is entirely possible for Lianda to recover its losses through civil litigation.

Third, the procedures for the new residential project are incomplete, but at present, the real estate development industry "do while approving", "get on the bus first and then buy tickets", and misappropriation of security deposits and other irregularities are relatively common, Lian Da is a construction company, often cooperate with real estate developers, it cannot be ruled out that Lian Da is well aware of this.

Fourth, the appellant had been financing, and it was common in the real estate industry to use all its own funds to develop the real estate, so subjectively speaking, the appellant hoped that the construction contract could be fulfilled and make a profit through the development of the project.

As for the failure to approve the project, it is a commercial risk for Lian Da, and as a professional construction unit, Lian Da should have a duty of care.

Fifth, although the appellant embezzled the deposit paid by Lianda Company, it mainly focused on the cost of the project and did not squander it, and the purpose of the illegal possession was unclear.

Complete. Fang Yi said.

(End of chapter)