"The reason is very simple, because judging from the current evidence, the court is likely to speculate that your son Gu Jun was aware of the fact that the vehicle involved in the case was a stolen car." Fang Yi said.

"Speculation? Why? Gu Hongqing and his son asked at the same time.

"According to the provisions of Article 312 of the Criminal Law, the crime of purchasing stolen goods requires that, objectively, the perpetrator has carried out the act of buying stolen goods, that is, the perpetrator has purchased the stolen goods obtained by others through crime for the corresponding consideration; Subjectively, the perpetrator has the intention to buy stolen goods, that is, the perpetrator knows that the object of the purchase is the stolen goods obtained by crime, but still buys the ......," Fang Yi explained.

"But I really didn't know that the Audi I bought was stolen!" Gu Jun shouted aggrievedly.

Yun Qiao glanced at him, and said in his heart: Pretend, pretend, it's a pity that this acting skill doesn't compete for the Oscar!

"Whether you know it or not, it is not your final say, nor is it my final say, the court will make a judgment based on the evidence in the case and the provisions of the law.

In this case, there is sufficient evidence to prove that the vehicle involved in the case is a stolen vehicle and is stolen goods, do you deny this? Fang Yi asked.

The father and son on the opposite side did not speak, but nodded.

Previously, Gu Jun said that the Audi car involved in the case was purchased from a man named Zhao Xin at a price of 210,000 yuan in the second-hand car trading market.

Judging from the place of purchase, this kind of transaction is normal, but from the price agreed by both parties, it can be inferred that Gu Jun subjectively knew that the Audi car was stolen, because the difference between the market price and the transaction price was more than 100,000 yuan. Fang Yi said.

"What if Zhao Xin is in a hurry to use money and deliberately sells Audi cars at a low price, there are many such cases in reality, and if you are in a hurry to use money and not in a hurry to use money, the price you want when you sell the vehicle may be much worse!" Gu Hongqing argued.

"That's right, the price he asked me for was quite high at that time, and I bargained with him to get 210,000." Gu Jun added.

"Well, even so. But the vehicle license is fake, you don't deny this. Fang Yi felt that there was no need to raise the bar with them, and continued: "It's not that I mean to say this, because it involves the facts of the case, you must give me a reasonable explanation, I don't know what the situation was at the scene at that time."

Even if you are hello now, hello to me, hello everyone, in the end, the court is not merciful! So before the trial, we must do a solid job. ”

"Well, Lawyer Fang, I understand what you mean. You are also doing this for my son's good. The driving license is indeed fake, and we can't recognize this. Go on. Gu Hongqing nodded.

"Just understand.

According to Article 17 (2) of the Provisions of the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, and the State Administration for Industry and Commerce on the Investigation and Handling of Cases of Theft and Robbery of Motor Vehicles in Accordance with Law, if the formalities for motor vehicle documents are incomplete or the provisions are clearly violated, it may be deemed that the defendant should have known that the vehicle he purchased was a stolen car.

In this case, the Audi car involved in the case did not have transaction certificates, nor did it go through the registration procedures (the driving license was forged) and the transfer of ownership, which obviously belonged to the 'incomplete document procedures', which met the provisions of Article 17 (2) of the Provisions on the Investigation and Punishment of Cases of Theft and Robbery of Motor Vehicles in accordance with the Law. After Fang Yi finished speaking, he looked at the Gu family's father and son, hoping that they could tell the truth.

"But...... Lawyer Fang, I was deceived and deceived by that Zhao Xin. At that time, I gave him a deposit, and he asked me to drive the car away, and also gave me a driving license, I really didn't know it was stolen goods when I bought the car......" Gu Jun said with a bitter face.

"I'm willing to believe your words, but the authenticity of your car purchase is ......, and the court will probably not believe you." Fang Yi said sincerely.

"Why?" Gu Jun stared at Fang Yi with ignorant eyes, as if he wanted to see the answer from his face.

"We reviewed the case file, and after you were arrested, the police made three interrogation records of you. In these three transcripts, your account of how you bought the car is basically the same. In general, your account has a high degree of credibility. However, the adjudication authorities may not accept your argument on the grounds that:

1. The public security organs and the procuratorate went to the second-hand car trading market and conducted an investigation to collect evidence, but they did not find the man named 'Zhao Xin' you mentioned in the second-hand car trading market. And there is no transaction certificate in the trading market that can prove that you bought and sold vehicles with 'Zhao Xin'.

Therefore, the defense you said earlier about the purchase of the vehicle involved in the case in the motor vehicle trading market is not corroborated by evidence and cannot be established, and there are doubts about how the Audi car came to be.

2. After you and 'Zhao Xin' agreed to buy an Audi car at a price of 210,000 yuan, you proposed to test the car, and the other party asked you to pay a deposit of 100,000 yuan, and then pay the balance and go through the transfer procedures after the test was completed.

But when the police asked you for a receipt, you said you forgot where to put it.

Based on the above circumstances, it can be seen that the transaction of the Audi car involved in the case had neither transaction documents nor receipts, and the key witness Zhao Xin could not be found, and the transaction was contrary to the rules and common sense of commodity trading. The prosecution and the courts will consider what you say to be questionable and not credible. Fang Yi explained.

"I think trading is normal! I trade out of trust in the second-hand market. Although there are no transaction documents, but the car is in my hands, I gave him money, and he asked me to test the car, is there anything wrong with this? I really don't know what's going on with that person named Zhao Xin. Gu Jun quibbled.

"Is the transaction really normal? The Audi trade is not a general commodity trade, and if you are a minor with no knowledge of commodity trading, no life experience, and no judgment, I will definitely agree with you.

But you're not, you just sold your BMW car in the same trading place before you bought an Audi car, you know how to trade it, and you have some experience. And according to the evidence on record, you don't know Zhao Xin, in the huge second-hand car trading market, do you trust anyone? Fang Yi stared at Gu Jun's eyes and asked.

Gu Jun was a little panicked and didn't know how to explain. Fang Yi knew that as long as he put a little more pressure on him, he might collapse, after all, the young man had little experience.

"In the case that Zhao Xin did not provide the motor vehicle transaction certificate of the second-hand car market, and you could not confirm whether the delivered Audi car had defects in rights and quality, you gave 100,000 yuan to the other party with just a receipt. Don't you think your justification is counterintuitive?

Taking a step back, even if you handed over 100,000 yuan to the other party at that time as the only proof of the car purchase transaction, it is impossible for you to keep it properly from a common sense point of view.

In this case, it took less than half a year from the time you bought the car to the time of the crime, but you said that the receipt could not be found, needless to say that I am a lawyer, even if you pull a random person from the street, it is impossible for him to believe your words, the judge of the court hears so many cases every year, what situation has not been seen, he will definitely doubt the authenticity of what you said? So your justification is untenable. After speaking, Fang Yi leaned back in his chair and looked at the other party expressionlessly.

(End of chapter)