Chapter 234: I wanted to make money but became a leek
"The Provincial High People's Court is now hearing in open court on the case of Hu Weijun's fraud that appealed." Before the words fell, the presiding judge rang the gavel in his hand: "Bring the appellant Hu Weijun to court." ”
After a while, as the heavy and thick courtroom door was opened, two bailiffs escorted Hu Weijun into the courtroom and sat in the defendant's seat.
When the presiding judge verified the identity of the appellant and announced the composition of the collegial panel and the appellant's rights, Fang Yi looked up at Hu Weijun, who was still in good spirits, but his complexion was a little worse, and his eyes were very calm. is worthy of being in business, and he has experienced a lot of ups and downs at his age, and his mental quality is not ordinary.
"Now the court investigation will begin, and the judge will be asked to read out the verdict of the first instance." The presiding judge's voice fell, and a collegial judge began to read out the first-instance verdict.
Fang Yi took advantage of this kung fu and swept the prepared defense again.
After the judge finished reading out the first-instance verdict, the presiding judge looked at Hu Weijun: "Next, the appellant Hu Weijun will read out the appeal petition or state the reasons for the appeal. ”
"Presiding Judge, I think that there is no objective, credible and sufficient basis for the court of first instance to find that I fabricated facts and used forged property rights certificates as collateral to defraud others of money when the machine factory was insolvent.
The relationship between me and Feng Ping and Wei Xikui is a private loan, and I have been paying the interest on the loan for the past few years, and I did not borrow money and ran away, which does not constitute the crime of fraud at all. I ask the court to ascertain the facts in accordance with the law and restore my innocence. Hu Weijun read with a piece of A4 paper.
This is the reason for the appeal he wrote based on Fang Yi's analysis.
"Ask the defense lawyer to give reasons for appeal." The presiding judge said.
The defender argued that the appellant, Hu Weijun, was not insolvent as the court of first instance had found, but had a certain ability to repay, although the machine shop and the real estate and land in Hu Weijun's name had been mortgaged, and part of the property had been executed.
However, the machining plant still holds a number of intellectual property rights, and has its own core technology, in the last year the factory introduced two imported equipment for processing high-precision parts, which are valuable, should be estimated as a whole The value of the processing plant.
In addition, in terms of the use of funds, although most of the funds borrowed by Hu Weijun were used for stock speculation, stock speculation is an act permitted and encouraged by the state, and it is a legal investment behavior.
It can be seen from this that Hu Weijun did not squander or transfer or conceal the money after borrowing it, and the court could not judge that Hu Weijun constituted fraud.
The presiding judge and the defender's grounds for appeal have been stated. Fang Yi said.
"Appellant Hu Weijun, do you have any objection to the facts and charges ascertained in the first-instance verdict?" The presiding judge said.
"There are objections, I do not recognize the charges identified in the first-instance verdict, I think the facts found in the first-instance judgment are unclear, and my factory is a ...... with a certain ability to repay debts," Hu Weijun babbled for many reasons. It seems that he made a lot of preparations in the detention center before the trial.
"The prosecutor questioned the appellant about the facts ascertained in the first-instance judgment." The presiding judge said.
"Appellant Hu Weijun, when you borrowed money from Feng Ping, was the machine shop still operating normally? Did you inform him about the current state of the machine shop? The female prosecutor sitting at the head of the prosecutor's bench asked coldly.
"At that time, my factory orders were sharply reduced and it was in a state of semi-shutdown. I didn't tell Feng Ping. Hu Weijun said.
"What did you say when you borrowed money from Feng Ping, and what was the reason for the loan?" The female prosecutor asked.
"I told him that the factory has a big order, and it needs capital turnover, purchase machinery and equipment, and pay labor costs." Hu Weijun said.
"What did you actually use the loan that Feng Ping transferred to you?" The female prosecutor asked.
"Some of them bought equipment, and most of them were used by me to speculate in stocks." Hu Weijun said.
"The factory doesn't have an order, why do you want to buy equipment?" The female prosecutor asked.
"At that time, the factory didn't have any orders, and Feng Ping asked to see the purchase and sale contract and physical goods of the equipment, so I bought it." Hu Weijun said.
"You mean the newly purchased equipment is to deal with Feng Ping, right?" The female prosecutor said.
"Not exactly, these devices will be available in the future. I'm also thinking about my future business development. Hu Weijun said.
"When you borrowed money from Wei Xikui, what was your reason?" The female inspector seemed to be a little dissatisfied with Hu Weijun's answer just now, and when interrogating the case before, Hu Weijun did not mention that the equipment was purchased for future development, only to deal with Feng Ping.
"Does Feng Ping's loan have collateral?" The female prosecutor asked.
"Yes, there is also a real estate certificate for the factory and land." Hu Weijun said.
"According to the interrogation record of the public security department, you admit that the real estate certificate in the collateral was forged by you, is it true?" The female prosecutor asked.
"It's true." Hu Weijun said.
"Do you have a mortgage?" The female prosecutor asked.
"I didn't do it, because the property I forged was a small property right house built in the village, and the housing management department couldn't handle the mortgage procedures, so I mortgaged the real estate certificate to Feng Ping." Hu Weijun said.
"Whose house does that little property belong to? Is it yours? The female prosecutor asked.
"It's not mine, it's my mother-in-law's house. It's just that we've been renting it out all the time. Hu Weijun said.
"I told Wei Xikui that the bank loan would come down immediately, and he would repay his loan as soon as the loan came." Hu Weijun paused, and then said: "At that time, the bank was going to lend money, and the approval had already passed, so it was time to apply for a mortgage on the collateral. ”
"What is the reason why the bank did not lend?" The female prosecutor asked.
"Because...... There was a problem with the title deed of a property used as a mortgage. Hu Weijun hesitated.
"What's wrong?" The female prosecutor asked.
"I forged the real estate certificate, and I had a ...... at the time," Hu Weijun wanted to continue, but was interrupted by the female prosecutor: "Appellant Hu Weijun, you can answer whatever I ask you, and there is no need to say other irrelevant facts." ”
"Presiding Judge, I'm done." The female prosecutor said.
Appellant Hu Weijun's defender asked. The presiding judge said.
Fang Yi sorted out his thoughts and asked, "Appellant Hu Weijun, what is your real purpose in borrowing money from Feng Ping and Wei Xikui?" ”
"I borrowed money to maintain the operation of the factory, which had a lot of external debts and was not doing very well at that time." Hu Weijun said.
"Why is the loan not all used for the operation of the factory, but for you to speculate in stocks?" Fang Yi said.
Even if Fang Yi doesn't ask this question, it will draw a question mark in the hearts of the judges of the collegial panel, and it is better to find out it than let others guess, which is more beneficial to Hu Weijun.
"I have a friend who specializes in stock trading and makes a lot of money. My factory had too much foreign debt, coupled with the bad market, and later I found that even if I used all the loans for the factory, it might not be able to bring the factory back to life. And the high interest rate on borrowing alone can crush my factory.
So I asked him to help me recommend a few stocks, I used the borrowed money to speculate in stocks, I wanted to make more money, pay the principal and interest of the loan, and keep the factory afloat, but I knew that I was cut leeks. Hu Weijun looked helpless.
(End of chapter)