Chapter 528: Trial, New Evidence!
Shangdu, a high-end club, in a VIP box.
A man in his twenties who looked less than 30 years old about 1.8 meters was in the toilet of the box, and when he connected the phone, he heard a roar from the other side.
"Lin Feng, you'd better get back to me right now! I don't care what you're doing out there now, if you don't get back, you're waiting to be investigated right now. ”
"What you do, you take responsibility for yourself!"
Before Lin Feng could speak, the other side was immediately hung up.
Facing the voice ordering him to go home on the phone, Lin Feng's expression was ugly, but he still walked out of the box, hurriedly greeted the other people in the box, and returned home.
Lin Sheng was waiting for Lin Feng to go home at this time.
Lin Feng glanced in the direction of his mother when he saw his father's serious expression.
Seeing that there was no movement, he honestly sat opposite Lin Sheng and called his father obediently.
Lin Sheng spoke: "This matter of yours was temporarily suppressed by the family before, but now there is a new situation. ”
"Tell me, how dare you move these more than 4 billion?"
"Usually let you make fewer fox friends and learn less messy things, you won't listen to it at all, right?"
"What do you think should be done about this?"
Facing his father's opening, Lin Feng knew what his father meant, if his father didn't help him in this matter, then what was waiting for him would be imprisonment.
Even those who face the highest criminal punishment, the death penalty!
Thinking of this, Lin Feng hurriedly spoke:
"Dad, I'm just confused!"
"At that time, I just thought of a few good products with a relatively high return on investment, as well as a few good stocks, and I thought of using the money to invest to prove myself."
"But I didn't expect to lose all this money all at once."
"No one would have imagined that this would happen to me."
"If I had known that this would be the way it would be, I wouldn't have done this..."
"I know what I'm doing is stupid, I promise I will never do this kind of thing again in the future, Dad, if this thing comes out, then I may have to be sentenced to death!"
"I.... Dad, you can't watch me get sentenced to death. ”
"Dad...."
Lin Feng knelt directly on the ground, his knees moved forward quickly, and came to Lin Sheng's side.
Seeing this, Lin Sheng's tone slowed down a lot:
"Alright.... I'm calling you back for the worst, so you don't run around with the worst intentions! ”
"This matter is not over yet, it is possible to investigate you again at any time, you have been at home all this time, have you heard?"
Lin Feng nodded again and again, his father said this, which means that there must be a way to protect him, and he couldn't help but exhale in his heart.
Lin Sheng, who was sitting on the sofa, actually knew that this matter would definitely not be able to be suppressed if he wanted to force it.
But he also knew in his heart that this matter could be operated a little, at least all the behaviors should be operated in a compliant manner.
The court will definitely not be able to operate, but it can be operated on the bank financial management agreement process.
If Lin Feng followed the formal process, then even if it was more than 4 billion, there would be no more.
That's nothing.
At most, there will be some punishment, and even if there is real criminal responsibility, at least it will not be a death sentence.
The key question now is how to operate this matter, how to complete the process, and how to make Lin Feng not responsible and transfer the responsibility for this matter to the group of financial managers.
Fortunately, after inquiry, Lin Sheng also learned that the money that Lin Feng embezzled was not a principal-guaranteed financial agreement, but a sideline, and the actual content of the agreement was a non-guaranteed agreement.
If so.... In that matter, there is still a certain amount of room for maneuver.
It's just that....
The more than 400 million, so many people's hard work, may be in vain.
However, these are not within the scope of Lin Sheng's consideration.
He only sees his immediate interests, as long as he can protect his son, as for those investors, the money is wasted, and they can only be blamed for being too greedy.
.
….
At the same time, the Shangdu Eastern District Court, after notifying the parties of the preparation for the trial, announced the trial time.
The court session is at 10 a.m.
The parties enter the court seat.
The plaintiff's seat is Su Bai and others, while the defendant's seat is the cooperative law firm of Laihai Bank, the red circle law firm of Shangdu, and Shangfeng Law Firm.
This time, the litigation entrustment given by Laihai Bank is that the plaintiff is not clear about the specific content of the financial management agreement.
As long as the plaintiff submits that the content of the financial management agreement is to guarantee this agreement, the case can directly go through the normal litigation procedures, let the court accept the defendant's litigation evidence, and let the other party lose the case in the first instance.
Nothing else is too much to ask for.
After reading the evidence provided by the defendant, that is, Laihai Bank, Shangfeng Law Firm directly indicated that they would win the case.
Don't say anything else.
First of all, in terms of evidence, as the defendants, the evidence they have is substantial and valid.
The evidence held by the other party is the evidence collected from individuals, and to put it bluntly, the evidence held by the other party is not comprehensive.
If you have incomplete evidence to fight this lawsuit, it will obviously be a losing case.
In addition, Shangfeng Law Firm is also very aware that the evaluation of the eight red circle law firms will start in two months.
The influence of Baijun Law Firm in the country is not small, except for its weak performance in financial cases, it can actually be compared with the eight red circles in other aspects.
In this case, Baijun Law Firm lost the case, so it is basically impossible to be promoted to the top eight red circle firms in this selection.
This case has been comprehensively analyzed and handled.
In this trial, in terms of evidence alone, Baijun Law Firm has no possibility of winning the case.
Yu Manchun, the lawyer of Shangfeng Law Firm in charge of this case, briefly sorted out the evidence in his hand before the presiding judge entered the trial room.
Then he looked at Su Bai, who was in the plaintiff's seat opposite, and smiled slightly, looking like he was winning.
Li Xuezhen, who was in the plaintiff's seat, frowned slightly when she saw Yu Manchun's attitude, but she didn't say anything, just quietly waited for the trial to start.
Soon the presiding judge and members of the collegial panel entered the trial.
The content of this trial is relatively not so complicated, but the amount of money involved is not small, and for this case, the members of the collegial panel also discussed privately before the trial.
In the end, it was unanimously decided that in this case, it was necessary to look at the evidence presented by both parties, as well as the arguments of the defense.
Soon, after the trial process was completed, the presiding judge directly asked the plaintiff to present evidence at the trial and indicate his litigation application.
On the plaintiff's seat, Su Bai simply displayed the evidence and stated:
"In this case, Laihai Bank launched its own capital-guaranteed wealth management product on a third-party platform, specifically named Laihai Principal-Guaranteed Wealth Management."
"This wealth management product has been vigorously promoted by third-party platforms, and the interest rate given by the principal-guaranteed wealth management is very high, far exceeding the usual principal-guaranteed wealth management interest rate given by banks."
"This has also attracted a large number of investors to invest, including our client."
"According to the law, the principal-protected wealth management should give the financial management party the responsibility to protect the principal, but the bank did not fulfill its obligations."
"After the expiration of our party's principal-guaranteed wealth management, we wanted to redeem it, but we were told that all the principal of our principal-protected wealth management was lost."
"What is the situation of the total loss of the principal of capital protected wealth management?"
"In accordance with the management provisions of the relevant laws and regulations on finance, the principal of investors and wealth managers should be guaranteed in capital guaranteed wealth management."
"It's clearly stated."
"Laihai Bank does not pay the principal and interest of our wealth management products."
"This has seriously damaged the property rights and legal rights and interests of our parties, and we demand that Laihai Bank compensate us and return the principal and interest."
"Presiding Judge, the above is our entrustment and statement for this trial."
Su Bai's claim and the content of the lawsuit are very clear.
To put it simply, Laihai Bank did not make the payment in accordance with the legal requirements.
The purpose of the lawsuit is to demand that Laihai Bank pay the principal and interest that should be paid to their client and the parties.
After listening to Su Bai's statement, the presiding judge turned his head to look at the defendant's seat.
"Defendant, do you need to make a statement about the plaintiff's claim?"
Yu Manchun sat in the defendant's seat, calmly looked up at the plaintiff's seat, and then spoke:
"Presiding Judge, we apply to dismiss all claims of the plaintiff."
"And we believe that we do not have any responsibility and do not assume any compensation."
As soon as these words came out, Jiang Wei in the plaintiff's seat was not calm in an instant.
What do you mean, what do you mean by that?
All his principal has been blown up, and he doesn't want to compensate for the capital-guaranteed wealth management products he bought now, and he doesn't want to bear any responsibility?
This isn't a scoundrel!
It's just that before Jiang Wei could speak, Yu Manchun continued to flip through the evidence materials:
"Presiding judge, we have to submit new evidence."
"In the evidence exchange session just now, we have already seen the other party's evidence."
"We do not agree with the evidence of capital guaranteed wealth management submitted by the other party and the fact that it is a capital guaranteed wealth management product purchased."
"The evidence submitted by us is that the plaintiff purchased the specific content of the agreement in the wealth management product."
Saying these words, Yu Manchun handed over the specific agreement to the staff on the side.
The staff then handed it over to the presiding judge on the judging table.
Yu Manchun continued to speak:
"According to the materials submitted by us, it is obvious that in the agreement signed on the third-party platform to purchase our wealth management products, there is a sentence that the financial risk is high, and the product is not a principal-guaranteed product."
"The plaintiff has been stating that our wealth management products are principal-protected, which is completely inconsistent with the facts, so from this point of view, we believe that all of the plaintiff's claims should be dismissed."
Faced with the statement of the lawyer entrusted by the defendant, Su Bai was stunned for a moment, the product he purchased was not a principal-guaranteed product?
What does that mean?
Soon, the collegial panel reviewed the new evidence submitted by the defendant and transferred it to the plaintiff's seat.
Su Bai looked at the content of the agreement on non-guaranteed financial management that the defendant had just stated.
Then he compared the evidence submitted by his side.
The evidence of capital preservation submitted by my side is the label when I purchased it online from a third party, and the label shows that it is capital preservation and financial management, and there is no financial risk.
Through this evidence, it is determined that the purchase is principal-guaranteed wealth management.
But what about the other party.... The other party issued a purchase agreement!
The terms of the purchase agreement are non-principal-protected.
In contrast, the content of the terms of the other party's agreement is obviously more complete evidence.
Originally, Su Bai also wanted to take a look at the specific terms and conditions, but Jiang Wei did not download the specific purchase and financial agreement.
The third-party platform also removed the product, and no relevant evidence could be found.
This is nothing, after all, this screenshot can also be used to prove that it belongs to the purchase of capital guaranteed financial management.
But.... What is the situation now.
In the current situation, the other party directly took out the content of the financial management agreement, saying that the content of it is not a guarantee agreement.
The evidence on the opposite side is more sufficient, and the presiding judge is definitely more inclined to the opposite side, because there is sufficient evidence on the other side to prove that this is not a principal-guaranteed financial management and is risky!
And the initial claim on his side was wrong.
To put it bluntly -
At the beginning, the person in charge of this wealth management product used the label of capital guaranteed wealth management and high interest rates to attract investors and wealth managers to buy.
Actually deceived everyone, this is not a capital protection at all.
This practice is already similar to the means of illegal fundraising!
Illegally raised more than 400 million yuan, and all of them were lost!
This.... Who is so daring?
While Su Bai looked at the new evidence submitted by the other party, Yu Manchun smiled at the corner of his mouth, not to mention anything else, only the new evidence submitted by their side, this case can be directly judged.
The plaintiff's application will certainly be dismissed.
There is no doubt about that.
Yu Manchun continued to speak: "Presiding judge, the current situation of the case is very clear, our evidence is sufficient, and the other party's statement and litigation application have no evidence to base themselves on the facts. ”
"Because what the other party stated is that we belong to capital guaranteed wealth management, and it is obvious that the content of our agreement is not capital guaranteed wealth management."
"The loss of principal is a normal loss of an investment."
"According to the law, investors and wealth managers should bear their own responsibility, which is also very clear in the content agreement."
"Based on the above."
"We apply to the presiding judge for a judgment and reject the other party's litigation application!"
Yu Manchun looked at the plaintiff's seat and spoke calmly.
She knew that Su Bai, as the founder of Baijun Law Firm, had a very high winning rate in the trial.
But in this trial, no matter what kind of defense skills Su Bai has, the current situation is that the ironclad facts and evidence are already on the court trial.
No amount of defense skills is useless.
She has filed a petition with the presiding judge to dismiss the plaintiff's lawsuit.
There is no accident in this case, the presiding judge will definitely reject the plaintiff's application for a lawyer, and let Su Bai lose the case!
Su Bai, the founder of Baijun Law Firm, who claims to have a 100% winning rate on the Internet.
This time it's going to be folded in her hand!
Yu Manchun thought silently in his heart.
.
…
PS: Ask for a monthly pass~
(End of chapter)