Chapter 305: Tears of Joy
"The prosecutor may respond to the defender's arguments." The presiding judge glanced at the prosecutor.
"We believe that the defendant used a deceptive method to obtain the purchase money by selling one house and two houses, and although the purchase money was in the company's account, the actual controller of the company was the defendant, in other words, the company belonged to the defendant, and the defendant was in possession of the purchase money in disguise.
Moreover, shortly after obtaining the purchase money, the defendant transferred all the equity in order to obtain cash through the transfer of equity, and its fraud method was more hidden, so we believe that the defendant constituted contract fraud. The inspector said.
"The defender may respond to the prosecutor's opinion." The presiding judge said.
"The defender believes that, first of all, the company is an independent entity established in accordance with the law, with legal personality, and its assets are independent of each other, and the existing evidence in the case cannot prove that the two assets are mixed, so the company's property is the company's, not the defendant's.
Secondly, the defendant's transfer of the company's equity was entirely for commercial purposes, and according to the evidence provided by the prosecutor in the first instance, when the defendant transferred the equity, in the equity transfer agreement, the buyer and the seller had already agreed on the assumption of the debts arising from the sale of one house and two houses, and there was no problem of cashing out after contract fraud as claimed by the prosecutor.
The court is requested to uphold the appellant's claim in accordance with the law. Fang Yi said.
……
The trial has ended, Fang Yi is sitting on the defense bench waiting for the final verdict, no one came to observe today, Yi specially notified Peng Huayan before the trial, and asked her if she was going to the scene to observe, the other party hesitated for a moment and still did not come to observe, she stayed in the office and waited for Fang Yi's news.
More than ten minutes later, the judges of the collegial panel walked into the courtroom in turn, and the appellant Zou Qiang was also brought into the courtroom.
“…… The collegial panel has deliberated and formed a verdict in this case. In response to the opinions of the prosecution and defense, combined with the focus of the dispute in this case, and based on the facts and evidence of this case, this court makes the following comments:
…… There were indeed special reasons when the defendant signed the relevant contract, and when the defendant had not yet fulfilled the obligation to deliver the house agreed in the contract, there were changes in the company such as the transfer of equity and assets, and the company changed how the relevant entities should bear the debts and other debts arising from the sale of the first house and two houses, so it was difficult to establish the fact that the defendant Zou Qiang had the purpose of illegally taking possession of other people's property, and did not meet the constitutive characteristics of the crime of contract fraud. This court ruled that the appellant Zou Qiang was not guilty. The presiding judge said.
Fang Yi was relieved in his heart, it seemed that he had caught up with the responsible judge this time, and he also proved his prediction in disguise, and the one hidden behind the case did not have that much influence at all.
After dragging his tired body out of the court, Fang Yi called Peng Huayan and told him about the trial, his tone full of excitement.
Peng Huayan said thank you after hearing this, and her tone did not change, she was still so modest. But she was holding her mobile phone in the office, and after listening to Fang Yi's words, she was already in tears and cried with joy.
New Year's Day is coming soon, and there is still more than a month before the Spring Festival. Colleagues in the team are no longer in such a hurry.
Fang Yi originally wanted to take his son back to the village to relax on New Year's Day, but after tentatively asking Cao Xiaohui about his recent arrangements, he gave up this idea. Fang Anzhi is about to take the exam, and Cao Xiaohui has already asked a tutor to take a three-day vacation Xiaozhi wants to "retreat" at home to prepare for the exam.
This is Xiao Zhi's first final exam after he arrived at the experimental middle school, and the previous weekly, monthly, and mid-term exam results are only a reference, and this exam is very important for Xiao Zhi. Because after the exam, the school will adjust the class according to the students' grades, and the top students will be taught intensively.
On the day of the New Year's Day holiday, Fang Yi went to the glory of his old friend Li Shuming to catch up with him and drank until the early hours of the morning. At noon the next day, he borrowed a car from Li Shuming and returned to the village alone.
After coming back on New Year's Day, Xie Youhe sent things one by one with a happy face, and Fang Yi quipped: "My son is getting married?" ”
"Married? I want to hold my grandson now, but the little bunny doesn't do it! I talked about a French girlfriend, online chats all day long, I said let him bring people back to meet, if you are sure to settle the matter quickly, guess what he said? Xie Youhe said.
"How so? Do you want to develop abroad? Fang Yi said curiously.
He said that he would work hard for a few years while he was young, and let the marriage matter go later, and this release would be the Year of the Monkey! What do you call that? Xie Youhe's face was depressed.
Fang Yi took the discount coupon issued by Xie Youhe and looked at it: "Old Xie, is this Western restaurant the one your son went to?" ”
"That's right, this is not the time for New Year's Day, he is doing well, their manager told him to work hard, the western restaurant in the capital needs manpower, and it is possible to send him to the capital, and the salary will be doubled.
No, bring me back a stack of discount coupons, so that our old couple can have time to try Western food. Let's just say, I have to pay for Western food myself, this son is really filial! I put it at home, so I brought it, and everyone who is willing to go can save some money. Xie Youhe said.
"Look! It's got to be affordable! As soon as other people's children go to work and moonlight, they have to ask the family for money, your son not only doesn't want money, but also brings you things back, you will be content! Fang Yi said with a smile.
"Lawyer Xie, I think Lawyer Fang is right, young people nowadays have a few salaries that can be spent until the end of the month, the first half of the month to be the emperor, the second half of the month to be a beggar abounds. It's like when I first worked, with the first month's salary, I couldn't wait to get out of the water, and I was reluctant to eat or drink. Zhou Yunyuan said with a bitter and hateful expression.
was said by the two, Xie Youhe suddenly felt that he had spent millions to train a chef, and he didn't seem to be the most loss-making parent in the country, at least his son had not reached out to him to ask for money after returning to China, he found a job by himself, the salary was higher than his own, and he could eat Western food from time to time.
Thinking about it like this, his mood suddenly improved a lot, the sun was shining, the flowers were beautiful, and even the most undesirable lawyer Sima seemed to be ...... than before Forget it, I still don't mention Lawyer Sima.
"Lawyer Zhou, I don't know, I still think that you and Lawyer Xie have been together for a year. Old-fashioned. Mei Xiaoting pouted.
Zhou Yunyuan didn't get angry when he heard Mei Xiaoting finish speaking, he smiled, and just wanted to speak, Wang Deyou on the side spoke: "Lawyer Zhou, I really admire you." It's so good to save money. ”
After listening to Wang Deyou's words, Zhou Yunyuan immediately put on a loveless expression: "What's the use of saving, as soon as you get married, you will give it to your daughter-in-law!" Didn't enjoy a single cent. ”
As soon as the words fell, everyone immediately laughed.
(End of chapter)