There was silence for a few seconds.

Luo Daxiang exhaled slowly.....

How can I say ..... this case, if the plea ends here, then it will still be a pity.

Judging from the context of the incident, this Ye Zhenghuan must have the responsibility of maliciously misappropriating funds.

However, this was not shown in the trial.....

If it is not shown, then it will be difficult to be adopted by the collegial court.

And ..... what to say.

If Ye Zhenghuan is convicted for malicious debt evasion or malicious bankruptcy, the evidence is also insufficient.

But this case .....

If you want to find evidence, it is indeed a little more difficult to find the complete chain of evidence by relying on your own ability.

It's good to be able to recover the corresponding regulatory funds.

Luo Daxiang said silently in his heart.

But at the same time, I don't know why, he always felt in his heart that the direction of this trial should also be Nanjian Company and Ye Zhenghuan.....

Can't send this Ye Zhenghuan in.... It's a pity.

.

….….

In the discussion room of the collegial panel of the trial.

Zhu He, Li Mingfei and Wang Dong sat in the discussion room, discussing the verdict of this trial.

There are two important points about the verdict of this trial.

The first is the extent to which there is responsibility for non-compliance in banking supervision.

The second is the plaintiff's accusation against Nanjian Real Estate for malicious debt evasion.

Zhu He, as the presiding judge of this trial, asked:

"Mingfei..... you know more about banking and finance, how much responsibility do you think you need to bear for the violation of banking supervision in this judgment?"

This question asks the question of the percentage of liability that the bank needs to bear.

Faced with Zhu He's inquiry, Li Mingfei was silent for a few seconds, and then spoke:

"This.... I think the bank should have a secondary responsibility. ”

"Although there is a problem in the supervision of funds, it is subjectively the real estate company to misappropriate the funds..."

"To be honest, even if the bank does not issue funds in violation of regulations, then the real estate company still has a way to misappropriate funds, and it is difficult to trouble if you want to supervise all aspects."

"But this time, Nandu Bank issued funds in violation of regulations, which is indeed a very significant violation."

"I personally believe that in the verdict of this trial, Nandu Bank needs to bear 25 to 30 percent of the responsibility."

"Hmmm! That's pretty much the same thing I think. ”

Zhu He nodded in agreement with Li Mingfei's point of view:

"Regarding the division of responsibilities and the specific amount of responsibility for the bank, Wang Dong, do you have any different ideas?"

Wang Dong shook his head: "I don't have any different ideas, I think the division of responsibility of 25 to 35 percent is very reasonable." ”

"What do you think of the plaintiff's accusation of malicious debt evasion in real estate?"

In the face of Zhu He's inquiry, Wang Dong was silent for a few seconds and did not reply immediately.

Zhu He actually has his own thoughts about this in his heart.

He knew about Su Bai at first, and thought that Su Bai would continue this tradition of giving away.

However, according to the current trial situation, it is definitely impossible to convict Ye Zhenghuan.

For this act of malicious debt evasion....

Zhu He has a rough judgment in his heart, but he still wants to hear the opinions of Wang Dong, a judge who has made some achievements in real estate disputes.

Wang Dong took a sip of water, and then elaborated on his views on the accusation.

"As for the plaintiff's accusation against Nanjian Real Estate, it is estimated that it is also a malicious debt evasion, which is controversial."

"Honestly.... I think there is some basis for this accusation. ”

"But that's not a good basis."

"But if our court makes a judgment, it needs to be based on evidence, and we are still the Supreme Court, so the judgment should speak more according to the evidence, rather than on the subjective basis.

"There is no problem with Ye Zhenghuan, the actual controller of Nanjian Real Estate, judging that he misappropriated regulatory funds and recovered the corresponding regulatory funds."

"But if we talk about malicious bankruptcy or malicious debt evasion....."

"I think there may be a bit of a lack of evidence...."

"That's my personal opinion."

"Hmm!" At this time, Li Mingfei also answered:

"At this point, I agree with Wang Dong's point of view, if Ye Zhenghuan is really sentenced to malicious bankruptcy and malicious debt evasion, there will indeed be some deficiencies in the evidence.

Because there is no supporting evidence for the malicious bankruptcy and malicious debt evasion proposed by the plaintiff, it is basically impossible to make a judgment based solely on subjectivity. ”

"Yes." Wang Dong continued: "There is also the fact that this lawsuit is a civil lawsuit, and it does not involve the issue of criminal liability, even if it is judged to have defaulted on malicious debt evasion.

In this case, it is also an administrative fine, and I think the bank should come forward to investigate it. ”

After listening to Li Mingfei and Wang Dong's views, Zhu He nodded slowly.

What Li Mingfei and Wang Dong said was very reasonable, and the applicable law was also compliant in this trial.

He already had an idea in his mind about how to judge.

This time.... Su Bai won the lawsuit, but he may not be able to send anyone away at the trial.

He was able to talk to his friends in Nandu when he turned around, which was considered to have broken the convention of Su Bai giving away.

Thinking of this, Zhu He nodded with a smile:

"Then let's make a judgment according to the results of the discussion, and check the details."

"As for the details of the final verdict, we need to listen to the court statements of all parties and then decide on the final division of responsibility, okay?"

"Hmm!"

"Good!"

Li Mingfei and Wang Dong nodded at the same time.

.

….….

Meanwhile.

Outside the Supreme Court.

Several law enforcement officers from the procuratorate came to the Supreme People's Court.

After presenting the relevant materials of the Nandu Procuratorate, he came to the outside of the trial.

One of them spoke: "It's an adjournment, do you want to go in and arrest someone?" ”

"No, I don't.... After all, this is in the Supreme People's Court of the Northern Capital, and we are enforcing the law in a different place, so if we go in and arrest people directly, it is unreasonable. ”

"Those who should be contacted have already been contacted, and when the verdict comes out, they will go in and arrest them directly to avoid accidents."

"Okay..... but this Ye Zhenghuan is involved in too many problems, according to the clues provided by the whistleblower and the evidence presented by the case, we have found tens of millions of hidden assets and transferred assets."

"We haven't found all of this yet, if we find all of them and prosecute them, how many years will we have to sentence?"

"False bankruptcy, obstruction of liquidation, two together, will definitely be sentenced to many years.... This is still under the judgment and punishment of the person who Ye Zhenghuan found the top pot..."

"There are a lot of people related to Nanjian Real Estate, and there may be other crimes superimposed.... At that time, it will depend on the interrogation situation on the side of the executive department. ”

"But certainly no less than three years."

"Hmm!"

One of the prosecutors nodded, and several people stood outside the court waiting for the verdict to be announced, and then took Ye Zhenghuan away for investigation.

That's right....

This matter was reported by Su Bai, and he had previously filed a supervision review with the relevant departments.

So.... After Nanjian Real Estate entered bankruptcy proceedings, it was ordered to stop.

Investigating the finances of a real estate company, concealing assets and transferring assets is very complex.

It is indeed difficult to do this by relying solely on one's ability, and the Supreme People's Court has confirmed the time of the trial.

It is simply not possible to collect evidence before this time and then file a supplementary lawsuit.

And this is still a public prosecution case, which requires the prosecution to prosecute the accusation.

So in this trial of the Supreme People's Court, Ye Zhenghuan will definitely not be able to take it.

If you can't take it, won't you send someone in?

No way!

If you can't take it, you can change the way and directly file a case and accuse, arrest people, and prosecute.

As a top lawyer, Su Bai has long figured out the company's ways of hiding and transferring property.

Through the evidence and clues provided by Su Bai, the procuratorate conducted an investigation into Nanjian Real Estate.

It's not .....

The investigation revealed that malicious bankruptcy infringed on the interest of creditors, concealed huge assets, and hindered liquidation.... and a series of other issues.

Directly handle the relevant materials and come to arrest people.

.

…..

… Luo Daxiang, Zhu He, and Wang Jiangyang all believe that there will be no surprises in this trial.

thinks that even if Ye Zhenghuan has any problems, it is impossible to be taken away.

But in reality..... that's exactly what happened.

Because Su Bai did not intend to accuse Ye Zhenghuan of his crimes in the Supreme Court at all.

Others don't understand, but Xiao Li understands as an intern assistant!

That's why his eyes kept glaring at Ye Zhenghuan.

.

….….

Inside the courtroom.

Su Bai glanced at Ye Zhenghuan with a smile, then withdrew his gaze and waited for the verdict.

Ye Zhenghuan didn't have the slightest worry on his face.... Instead, I look forward to a quick verdict.

So that his company can enter bankruptcy proceedings as soon as possible, get rid of trouble, and avoid other unexpected situations.

Xiao Li is eyes are shining: The trial will end quickly!

Arrest people, arrest people!

Send it in, send it in.... Send it all in!

Flattered....

Hey!

Li Xuezhen thought with a little excitement in her heart.

.

….…

Soon, the adjournment ended, and the three members of the collegial panel returned to the courtroom.

Knock knock!

Zhu He rang the gavel.

"The adjournment is over, and the parties are now invited to make court submissions."

"The defendant Nandu Bank is now invited to make a court statement."

After hearing the presiding judge's words, Xu Zhiqiang took a deep breath.

Court Presentations....

If it has been determined that there is a causal link between Nandu Bank and the breach, then the most important point in the court statement is the issue of apportionment.

After sorting out this idea, Xu Zhiqiang said:

"Presiding Judge, I am courting the court to state as follows:"

"We believe that the banks have indeed failed to supervise funds.

But in fact, the main responsibility for the unfinished Xiushui Garden Community in Nandu lies with the real estate developers, for the misappropriation of funds in violation of regulations. ”

"If it weren't for the misappropriation of funds by Nanjian Real Estate, it would not have led to the unfinished situation of the community...."

"We believe that at this point, Nanjian Real Estate should bear 90% of the responsibility...."

"Presiding Judge, we've finished our statement."

Good guys, as soon as you come up, let Nanjian Real Estate bear 90% of the responsibility.

Does that mean your bank is not responsible?

Wang Jiangyang frowned slightly, but did not speak, but looked at the presiding judge's seat.

Knock knock!

Zhu He rang the hammer and looked at Nanjian Real Estate.

"The defendant Nandu Bank has finished its statement, and now the defendant Nanjian Real Estate is invited to make a court statement."

"Okay presiding judge."

Wang Jiangyang nodded slightly, this trial is honest.

In his view, Nanjian Real Estate is the one who accompanies the run, and there is also the problem of dividing responsibilities with banks.

Everything that should be said has already been said, and the other party who has not talked about it has no evidence to hammer them to death.

Nanjian Real Estate's court statement was mainly based on the issue of the division of liability between the bank and the bank.

After thinking for a few seconds, Wang Jiangyang began to make a statement in court:

"Presiding Judge, I am courting the court to state as follows:"

"Presiding Judge, we admit that we have used regulatory funds in violation of regulations.

But we don't think we're that responsible.

In terms of the division of responsibilities, it is the bank that first distributes the regulatory funds in violation of regulations, and then we use the regulatory funds.

The collegial panel is also requested to consider whether Nandu Bank's illegal issuance violated the terms and regulations of the bank.

And then further judge the division of responsibilities between us and Nandu Bank. ”

"Presiding Judge, we've finished our statement."

After Wang Jiangyang finished speaking, he met Xu Zhiqiang's gaze, and both of them silently did not speak.

Knock knock!

On the courtroom platform, the presiding judge struck the hammer:

"The defense has finished its statement, and now the plaintiff or the lawyer is invited to make a statement."

"Good presiding judge...."

This time it was the plaintiff who sued the defendant and sued two.

Therefore, when making a statement in court, it is necessary to make a general summary and understanding of both parties.

Su Bai had previously asked Ma Cheng if he wanted to speak in the court statement.

However, Ma Cheng refused, so Su Bai, the agent ad litem, needed to make the final court statement.

After briefly sorting out the materials, Su Bai looked up slightly at the seat on the trial table.

Speak slowly:

"Presiding Judge, I am courting the court to state as follows:"

"In this lawsuit, our claim is very simple, that is, we want us to get the compensation we deserve."

"Our client Ma Cheng and Ma Xiangzhi bought Nandu Xiushui Garden three years ago, and at that time Nanjian Real Estate Company publicized it very well, saying that the community environment is good and the greening is good, but it is unfinished after three years.

The situation today is.

The client was saddled with millions in debt, but there was no place for them to live.

So far, a family of four is still crammed into a rental house of less than 60 square meters.

I have to repay nearly 6,000 loans and interest every month, and I hope that the court can give a certain humane judgment in combination with our situation. ”

"We do not ask for extrajudicial mercy, but we ask the court to make a discretionary judgment taking into account the client's difficult circumstances."

"Presiding Judge, we've finished our statement."

Su Bai's statement was simple and straightforward.

On the bench, presiding judge Zhu He nodded slightly after listening to Su Bai's statement, and then rang the gavel.

Knock knock!

"The court statements of all parties have been completed, and now the verdict of the trial is announced!"

"The presiding judge announces the result of the trial, and everyone stands!"

Accompanied by the clerk's voice fell.

Boom.

In the courtroom, everyone stood up.

Zhu He began to read out the verdict:

"The cause of the case:

The plaintiff accused Nandu Bank of illegally issuing regulatory funds and causing unfinished buildings, and applied to the bank to bear joint and several liability and apply for compensation. ”

"In addition, the construction company to which the unfinished building belongs, Nanjian Real Estate Co., Ltd., was investigated for malicious debt evasion and bankruptcy."

"The Supreme People's Court has investigated, verified, and accepted this case, and this court has jurisdiction over the case, and all applicable laws are in accordance with domestic law."

"The verdict is announced below:"

"According to the collegial panel's research decision, the following judgment is made on the plaintiff's claims."

"1: According to the relevant laws and regulations on joint and several liability, it is determined that there is a causal relationship between Nandu Bank's illegal issuance of regulatory funds and the unfinished Nandu Xiushui Garden."

"That is, it is determined that Nandu Bank bears the corresponding 30% liability."

"2: Make the following judgment on the plaintiff's claims."

"(1) The parties may temporarily suspend the repayment of the bank's loan and stop paying interest, and the specific repayment date shall be determined by the bank and the parties through negotiation, and the period shall not be less than one year."

"The Supreme People's Court will conduct relevant private mediation on the wishes of the parties and the bank."

"(2) The bank shall bear joint and several liability for the delay in the delivery of the real estate developer, and the bank shall compensate the party for liquidated damages of 28,623.23 yuan."

"The economic compensation requested by the plaintiff from Nanjian Real Estate Co., Ltd. is reasonable, and Nanjian Real Estate Co., Ltd. is ordered to compensate the plaintiff for liquidated damages of 96,728.43 yuan."

"Nanjian Real Estate Co., Ltd. used regulatory funds in violation of regulations and will recover them in accordance with the law."

"Due to the insufficient evidence provided by the plaintiff, the plaintiff's accusation against Nanjian Real Estate Co., Ltd. for malicious bankruptcy and debt evasion is dismissed."

"Reject all claims of Nandu Bank."

"The judgment is a judgment of the Supreme People's Court, and if the original defendant believes that the judgment is unreasonable or has any procedural problems, it can submit it to the relevant departments for supervision and review."

"The verdict will be issued within 10 days to the addresses submitted by the parties."

"Closed!"

Knock knock!

The gavel falls, and the judgment is over.

When he heard the verdict, Ye Zhenghuan breathed a sigh of relief.

Indemnify?

Do you want them to compensate?

They will enter the bankruptcy procedure immediately, and they will compensate a fart, except for the dividend being recovered, there is no need for compensation at all!

The verdict is out, now we just need to keep waiting, this time there won't be any trouble, right?

Just when Ye Zhenghuan was thinking about it, a bailiff came to the seat of the trial table, not knowing what to say to Zhu He.

Followed by.

Several staff members of the procuratorial department walked into the trial scene and came directly to the seat of the defendant Nanjian Real Estate Co., Ltd.

"May I ask if it's Ye Zhenghuan?"

Ye Zhenghuan glanced at Wang Jiangyang, and saw that Wang Jiangyang was also confused, a little overwhelmed, but still nodded.

"Yes.... I'm Ye Zhenghuan. ”

"We are law enforcement officers of the Nandu Procuratorate, and this is our work proof and materials."

"You're now involved in a major case.... A case has been filed and prosecuted, and now we ask you to cooperate with our staff in the investigation and review. ”

"In the meantime, you have the right to inform your lawyer that your legal rights are reserved, but please come with us for now."

When the words fell, two staff members of the procuratorial department put handcuffs on Ye Zhenghuan's hands.

Click, click, click.

Ye Zhenghuan looked confused: ?!?!

This.... What's going on?!

PS: Ask for a monthly pass~

(End of chapter)