Chapter 159 The Verdict! Nandu Takes Responsibility and the Real Estate Owner Is Prosecuted!

There was silence for a few seconds.

Luo Daxiang took a long, slow breath...

This case...how should I put it, if the defense ends here, it would still be a bit of a pity.

Judging from the context of the incident, this Ye Zhenghuan must be responsible for malicious misappropriation of funds.

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

If it is not shown, it will be difficult to be accepted by the collegial panel.

And...how to put it.

If Ye Zhenghuan is convicted of malicious debt evasion or malicious bankruptcy, there will be insufficient evidence.

But this case...

If you want to find evidence, it is indeed difficult to find the complete chain of evidence based on your personal ability.

It would be great to be able to recover the corresponding regulatory funds.

Luo Daxiang muttered something silently in his heart.

But at the same time, for some reason, he always felt that the direction of this trial should also include Nanjian Company and Ye Zhenghuan...

It's a pity that we can't send this Ye Zhenghuan in...

.

….….

In the deliberating room of the court collegial panel.

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

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

The first is the extent of responsibility for violations in banking supervision.

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

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

"Ming Fei...you know a lot about banking and finance. How much responsibility do you think you have to bear for this judgment and the violations in bank supervision?"

This sentence asks about the percentage of responsibility that the bank needs to bear.

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

"Well... I think the bank should bear secondary responsibility."

"Although there are problems in supervising funds, subjectively it is still the real estate company that embezzles funds..."

"To be honest, even if banks do not issue funds illegally, real estate companies still have ways to misappropriate funds. It would be very difficult and troublesome to supervise all aspects."

"But this time, Nandu Bank issued funds illegally. This is indeed a very serious violation."

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

"Yeah! This is similar to my opinion."

Zhu He nodded and agreed with Li Mingfei's point of view:

"Wang Dong, do you have any different ideas about determining the division of bank responsibilities and how much they should bear?"

Wang Dong shook his head: "I don't have any different ideas. I think the division of responsibilities between 25% and 35% is very reasonable."

"Then what do you think about the plaintiff's accusation of malicious debt evasion against real estate?"

Faced with Zhu He's inquiry, Wang Dong was silent for a few seconds and did not reply immediately.

Zhu He actually had his own thoughts on this point.

He knew Su Bai from the beginning and thought that Su Bai would continue this tradition of giving away things.

However, based on the current trial situation, it is definitely impossible to convict Ye Zhenghuan guilty.

Regarding this act of malicious debt evasion...

Zhu He had a rough judgment in his mind, but he still wanted to hear the opinion of Wang Dong, a judge who had made some achievements in real estate disputes.

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

"It is estimated that the plaintiff's accusation against Nanjian Real Estate is based on malicious debt evasion."

"To be honest... I think this accusation actually has some basis."

"However, this basis is not perfect."

“But when our court makes a decision, it needs to be based on the evidence, and we are still the Supreme Court, so the decision should be based on the evidence rather than subjective grounds.

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

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

"I think the evidence may be a little lacking..."

"This is my personal opinion."

"Yeah!" Li Mingfei also answered at this time:

"On this point, I agree with Wang Dong's point of view. If Ye Zhenghuan is really convicted of 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: "The other thing is that this lawsuit is a civil lawsuit and does not involve the issue of criminal liability, even if it is determined to be malicious evasion of debts.

Then it is also an administrative fine. Regarding this point, I think the bank should take action. "

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

What both Li Mingfei and Wang Dong said were very reasonable, and the applicable laws were also in compliance with this trial.

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

This time...Su Bai won the case, but he might not be able to win the case in court.

He could also chat with his friends in Nandu when he turned around, which was a break from Su Bai's habit of giving things away.

Thinking of this, Zhu He smiled and nodded:

"Then let's make a judgment based on the results of the discussion, and then check the details."

"As for the details of the final verdict, we need to hear the court statements from all parties before deciding on the final division of responsibilities, okay?"

"Um!"

"good!"

Li Mingfei and Wang Dong nodded at the same time.

.

….….

at the same time.

Outside the Supreme Court.

Several prosecutorial law enforcement officers came to the Supreme Court.

After presenting relevant materials from the Nandu Procuratorate, he arrived outside the court hearing.

One of them said: "Now is the court adjournment. Do you want to go in and arrest the person?"

"No need... we will arrest them after the verdict comes out. After all, this is the Supreme Court of Beidu. We are enforcing the law in a different place. It would be unreasonable to go in and arrest people directly."

"Everyone who needs to be contacted has been contacted. Once the verdict comes out, we will go in and arrest the person directly to avoid any accidents."

"Okay...but this Ye Zhenghuan involves too many issues. Based on the clues provided by the whistleblower and the evidence presented during the filing of the case, we followed the clues and found tens of millions of hidden assets and transferred assets."

"We haven't found all of these yet. If we find them all, how many years will the sentence be if we file a public prosecution?"

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

"Many people related to Nanjian Real Estate have been arrested, and there may be other crimes superimposed on top of each other... It will depend on the interrogation status of the enforcement department."

"But certainly no less than three years."

"Um!"

One of the prosecutors nodded, and several people stood outside the court, waiting for Ye Zhenghuan to be taken away for investigation after the verdict was pronounced.

That’s right.…

This matter was reported by Su Bai. He had already filed a supervisory review with the relevant departments early.

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

It is very complicated to investigate a real estate company's finances, concealment of property and transfer of assets.

It is indeed difficult to do it just relying on one's personal ability, and the Supreme Court has confirmed the time for the court session.

It is simply impossible to collect evidence before this and then file a supplementary lawsuit.

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

Therefore, in this trial of the Supreme Court, Ye Zhenghuan will definitely not be defeated.

If you can't take it, why don't you send it in?

impossible!

If you can't get it, try another method and directly file a case, arrest the person, and prosecute.

As a top lawyer, Su Bai has long figured out the way companies hide and transfer property.

The Procuratorate used the evidence and clues provided by Su Bai to investigate Nanjian Real Estate.

This is not...

The investigation revealed a series of issues such as malicious bankruptcy infringing on creditor interests, concealing huge assets, and hindering liquidation...

I immediately processed the relevant materials and came to arrest them.

.

…..

...Luo Daxiang, Zhu He and Wang Jiangyang all believed that there would be no surprises in this trial.

He believed that even if Ye Zhenghuan had any problems, he would not be taken away.

But in fact...it is indeed the case.

Because Su Bai had no intention of accusing Ye Zhenghuan of his crimes in the Supreme Court.

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

That's why his eyes kept shining brightly at Ye Zhenghuan.

.

….….

In the court hearing room.

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

Ye Zhenghuan didn't show the slightest worry on his face...but instead looked forward to a quick verdict.

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

Xiao Li's eyes were shining biu biu biu: The trial should end soon!

Arrest people, arrest people!

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

Beautiful.…

Hey!

Li Xuezhen thought a little excitedly.

.

….…

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

Boom, boom, boom!

Zhu He banged the gavel.

"The adjournment is over, now all parties are invited to make court statements."

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

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

Court Statement.…

If it has been determined that Nandu Bank has a causal link in the violation, then the most important point in the court statement is the issue of shared responsibility.

After clarifying this idea, Xu Zhiqiang said:

"Presiding judge, our court states as follows:"

“We believe that banks do not do enough in supervising funds.

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

“If Nanjian Real Estate had not misappropriated funds, it would not have led to the failure of the community...”

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

"Presiding Judge, we have finished our statement."

Good guy, let Nanjian Real Estate take 90% of the responsibility from the very beginning.

Does that mean your bank has no responsibility?

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

Boom, boom, boom!

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

"The defendant Nandu Bank has finished its statement. Now we invite the defendant Nanjian Real Estate to make a statement in court."

"Good judge."

Wang Jiangyang nodded slightly, telling the truth in this trial.

In his opinion, Nanjian Real Estate is just a companion, and there is also the issue of dividing responsibilities with the bank.

Everything that needs to be said has been said, and the other party has no evidence that can kill them if it is not mentioned.

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

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

"Presiding judge, our court states as follows:"

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

But we think our responsibility is not that big.

In terms of division of responsibilities, the bank is the first to issue 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 bank’s terms and regulations.

Then further determine the division of responsibilities between us and Nandu Bank. "

"Presiding Judge, we have finished our statement."

After Wang Jiangyang finished his statement, he met Xu Zhiqiang's gaze, and both of them remained silent.

Boom, boom, boom!

On the court hearing stage, the presiding judge struck the hammer:

"The defendant has finished his statement. Now let the plaintiff or his attorney make a statement."

"Okay presiding judge..."

This time, the plaintiff sued the defendant, two of them.

Therefore, when making statements 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 at the court statement.

However, Ma Cheng refused, so Su Bai, the litigation attorney, needed to make the final court statement.

After briefly sorting out the materials, Su Bai raised his head slightly and looked at the court seat.

Speak slowly:

"Presiding judge, our court states as follows:"

"In this lawsuit, our claim is very simple, that is, we hope that we can get the compensation we deserve."

"Our clients, Ma Cheng and Ma Xiangzhi, purchased Nandu Xiushui Garden three years ago. At that time, Nanjian Real Estate Company promoted it very well, saying that the community had a good environment and good greening, but it was unfinished three years later.

The current situation is.

The client was burdened with millions in debt and had no place for them to live.

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

We have to repay nearly 6,000 RMB in loan and interest every month. I hope the court can give a humane judgment based on our situation. "

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

"Presiding Judge, we have finished our statement."

Su Bai's statement was simple and clear.

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

Boom, boom, boom!

"The parties have completed their presentations in court, and now the outcome of the trial is announced!"

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

As the scribe's voice fell.

Swish, swish, swish.

In the court hearing, everyone stood up.

Zhu He began to read the verdict:

"The cause of this case:

The plaintiff accused Nandu Bank of illegally distributing regulatory funds and causing unfinished construction, and applied for the bank to assume joint liability and claim compensation. "

"And investigate the malicious evasion of debt and bankruptcy of Nanjian Real Estate Co., Ltd., the construction company of the unfinished building."

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

"The verdict is announced below:"

“Based on the collegial panel’s research decision, the following judgment is made on the plaintiff’s claim.”

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

"That is, it is determined that Nandu Bank bears 30% of the responsibility."

"Two: Make the following determination on the litigation claims raised by the plaintiff."

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

"The Supreme Court will conduct relevant private mediation between the parties' wishes and the banks."

"(2) The bank assumes joint liability for the real estate developer's delay in handing over the house and is sentenced to the bank to compensate the party concerned 28,623.23 yuan in liquidated damages."

"The financial compensation requested by the plaintiff from Nanjian Real Estate Co., Ltd. is reasonable. It is judged that Nanjian Real Estate Co., Ltd. shall compensate the plaintiff and party 96,728.43 yuan in liquidated damages."

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

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

"Reject all claims of Nandu Bank."

"The judgment is determined by the Supreme Court. If the original defendant believes that the judgment is unreasonable or has any procedural issues, they can submit it to the relevant departments for supervisory review."

"The judgment will be issued to the addresses submitted by all parties within ten days."

"Closed court!"

Boom!

The gavel fell and the judgment was over.

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

compensation?

Do you want them to compensate?

They immediately entered bankruptcy proceedings, and the compensation was ridiculous. Apart from the clawback of the dividends, there was no need for compensation at all!

The judgment results have come out. Now we just need to continue waiting. Nothing will happen this time, right?

Just when Ye Zhenghuan was thinking about it, a bailiff came to the trial table and didn't know what he was talking to Zhu He.

Immediately afterwards.

Several staff members from the prosecution department walked into the court hearing and came directly to the seat of the defendant Nanjian Real Estate Co., Ltd.

"Is this Ye Zhenghuan?"

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

"Yes...I am Ye Zhenghuan."

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

"You are now involved in a major case... You have been filed for public prosecution. Now please cooperate with our staff in the investigation and review."

"In the meantime, you have the right to notify your attorney to preserve your legal rights, but please come with us for now."

After the words fell, two staff members from the prosecution department put handcuffs on Ye Zhenghuan's hands.

Click click click.

Ye Zhenghuan was confused:? ! ? !

How is this going? !

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