Chapter 157: For Such a Depraved Boss, a Death Sentence Would Not Be Excessive, Right?
In the courtroom.
At the presiding judge’s bench.
After hearing the arguments of both sides, Zhu He slightly frowned.
The central point of this argument had changed.
Bang bang bang!
The gavel sounded, and its dull noise echoed throughout the courtroom.
“The two sides have differences regarding the viewpoint of whether Nanjian Real Estate Company belongs to malicious debt evasion.”
“The following organized content is now made.”
“The plaintiff believes that the very first moment Nanjian Real Estate received the funds irregularly disbursed by the bank, it misappropriated those funds.
Part of this pointed to increasing salaries for enterprise executives and carrying out dividend distributions, which constitutes malicious misappropriation of supervised funds.
And after the supervised funds arrived, the enterprise used the supervised funds for various investments and carried out bankruptcy procedures for the purpose of evading debt.”
“May I ask whether the plaintiff recognizes the above organized content?”
“Presiding Judge, our side recognizes it.”
Bang bang!
“With the plaintiff recognizing the organized content, the court will now organize the content of the defendant’s statement.”
“The defendant, on the other hand, determines that according to enterprise management regulations, the enterprise’s dividend distributions and fund misappropriation belong to the company’s own management conduct and do not constitute debt evasion, correct?”
“That is correct, Presiding Judge.”
After clarifying the key points of each side’s respective arguments.
Zhu He looked at the organized material content and fixed his gaze on Su Bai.
“Court confirmation will now be conducted.”
“The plaintiff’s evidence shows that Nanjian Real Estate used supervised funds to distribute dividends and increase salaries.”
“The defendant Nanjian Real Estate is now questioned.”
“Defendant Nanjian Real Estate, according to the evidence provided by the plaintiff, did the funds used by Nanjian Real Estate for dividend distribution and investment in small and medium sized companies belong to misappropriated supervised funds?”
After hearing the Presiding Judge’s words, Wang Jiangyang slightly frowned.
This question from the Presiding Judge.
Wang Jiangyang took a deep breath and said: “Presiding Judge, I have not conducted understanding in this area, and I am not clear about this matter, therefore I cannot answer the question raised by the Presiding Judge.”
As for this question.
Wang Jiangyang clearly knew in his heart that regardless of whether it was so or not, he could not admit it.
He only needed to answer that he was unclear.
After all.
Whether he answered this question or not made no difference, and not answering it was in fact better.
Bang bang!
The gavel sounded.
“The defendant has not made a rebuttal, so according to the evidence provided by the plaintiff, does the defendant have no objection?”
“Yes, Presiding Judge.”
Wang Jiangyang nodded and spoke.
Bang bang!
Presiding Judge Zhu He continued speaking:
“I now ask the actual controller of Nanjian Real Estate Company, at that time were you aware of the misappropriation of supervised funds?”
The question was thrown to Ye Zhenghuan.
Facing Zhu He’s inquiry, Ye Zhenghuan had long since prepared himself mentally and slowly spoke:
“Presiding Judge, I was aware.”
“Then what were your reasons and purposes for misappropriating the funds? Why did you not use the supervised funds at that time for the construction of Nandu Xiushui Garden?”
“You clearly knew that those were supervised funds, so why did you still misappropriate them?”
“At that time, the misappropriated supervised funds were the special funds specifically for Nandu Xiushui Garden. What attitude did you hold?”
“When you misappropriated the special funds, what were your thoughts at that time?”
Facing the Presiding Judge’s consecutive questions.
Wang Jiangyang had long since told Ye Zhenghuan how he should answer this series of questions.
After remaining silent for several seconds, Ye Zhenghuan slowly spoke.
“Presiding Judge, I admit that I knew those were supervised funds, but you have not managed an enterprise, so you do not understand the difficulties of running a business.”
“At that time the company’s operations were difficult, and the executives and shareholders had not seen dividends for a long time, and according to the project data and property of our company at that time, it was also necessary, though against our wishes, to misappropriate funds to certain other projects so as to expand our company’s business level.”
“At that time, the idea was to raise the salaries of the executives somewhat. Then as for investment and production projects in other companies, there were relatively good projections.”
“The idea was quite good, namely to use the supervised funds as a temporary bridge, and after the other projects, for example investments in small companies, came back, then this supervised fund would be replenished.”
“At that time, the replenished funds would then be used to continue improving the Nandu Xiushui Garden project.”
“But man proposes and Heaven disposes, and we did not expect problems to arise in the investment projects for the supervised funds.
This resulted in a break in the bridging funds, the invested projects suffered losses, and along with that the supervised funds were also gone.”
“This caused the subsequent capital chain to fail to keep up, and the company gradually moved to the brink of bankruptcy, which was why bankruptcy was then applied for.”
“I truly had no other way, and only then did I prepare to apply for bankruptcy. I had never thought of evading debt.”
“As businesspeople, we value credibility the most, and we would not say that we owed others money and would not repay it.”
“If it could be repaid, I would definitely repay it at the first opportunity, but truly there was no such ability!”
“Presiding Judge, in my thinking, I never thought of using supervised funds to evade debt or anything of that sort. Besides, why would I leave good money unearned?”
“All fund transactions are itemized in the company’s financial books, and the court can retrieve them to verify whether what I said is true.”
After hearing Ye Zhenghuan’s words, Zhu He slightly frowned and looked at the relevant evidentiary proof and litigation materials.
Bang bang!
“Then do you admit the fact of misappropriating supervised funds?”
“Presiding Judge, I admit this point.”
Bang bang!
Presiding Judge Zhu He struck the gavel, and after reviewing the evidence and related litigation materials submitted by both plaintiff and defendant, he looked toward the plaintiff’s table.
“Plaintiff, with respect to your accusation that Nanjian Real Estate Company’s bankruptcy was malicious debt evasion, was this submitted on the basis of the other side’s malicious misappropriation of supervised funds?”
Su Bai looked at the litigation materials and spoke:
“Our side believes that the bankruptcy of Nanjian Real Estate Company resulted from its misappropriation of supervised funds for investment, and furthermore from hollowing out the company’s beneficial assets, thereby creating a cycle of debt.”
“In the end, this caused the interests of the creditors to suffer enormous losses.”
“Our side’s accusation that Nanjian Real Estate Company’s bankruptcy constituted malicious debt evasion was not submitted entirely on the basis of the other side’s malicious misappropriation of supervised funds.”
“Then does your side have any other evidence?”
Facing the Presiding Judge’s inquiry, Su Bai spoke again:
“The evidence submitted by our side shows that Nanjian Real Estate Company not only misappropriated the funds supervising Nandu Xiushui Garden, but also misappropriated the company’s high quality assets.”
Bang bang!
After hearing Su Bai’s statement, the Presiding Judge struck the gavel, looked around the courtroom, and again made an inquiry.
“With respect to the plaintiff’s accusation that Nanjian Real Estate Company maliciously evaded debt and intentionally went bankrupt, do the plaintiff and defendant have anything else to say?”
Su Bai: “No.”
Wang Jiangyang: “No.”
Bang bang!
“The statements of both sides are complete, and the court will now make the final summary.”
“The plaintiff produced evidence that Nanjian Real Estate misappropriated supervised funds and used them for investment.”
“The defendant, on the other hand, believes that although Nanjian Real Estate’s misappropriation of supervised funds was irregular conduct, it did not constitute malicious debt evasion or malicious bankruptcy.”
“The plaintiff has not continued to produce new evidence. Do both sides have any objection to the above summary?”
“No.”
“No objection.”
After Su Bai and Wang Jiangyang spoke, Zhu He slightly frowned and examined Su Bai for a moment.
Bang bang bang!
“The hearing is now adjourned, and court will reconvene in two hours. After the court resumes and the final statement is completed, the judgment result will be announced in court.”
The sound of the gavel fell.
Zhu He and the other two members of the collegial panel left the bench.
In the courtroom.
Li Xuezhen rubbed her eyes and lightly exhaled, her eyes shining brightly as she stared at Ye Zhenghuan.
Alright, alright.
Once the court resumes and the judgment result is announced, Ye Zhenghuan will definitely be sent in!
Wonderful!
Achievement points once again +1+1+1.
Seeing the excitement on Lawyer Li’s face, Ma Cheng’s thoughts also instantly became lively and excited.
After fiercely glaring in Ye Chenghuan’s direction, he cursed angrily in his heart.
This son of a bitch real estate boss!
He deserved to be sent in! Locked up for three or five years. It would be best if bankruptcy left him not a single cent, and after he came out his wife and children had all run off with someone else!
It was not that Ma Cheng was being unreasonable in his anger and fury.
The main reason was that the families who bought apartments in the Nandu Xiushui Garden residential complex had suffered too much.
Most of the families who bought apartments in the Nandu Xiushui Garden residential complex had emptied several wallets in order to buy them.
What was the purpose of a family taking on debt to buy a house?
What was the purpose of emptying several wallets and then repaying debt to the bank for thirty years in order to buy a house?
Was the purpose not precisely to have a home?
Many people wanted to get married, or after already getting married wanted to give their child a good place to live.
And what happened in the end?
The damned project was left unfinished.
What was the result of it being unfinished?
The result of the unfinished project was that it caused deep contradictions in many families.
Those who ought to have married could not marry.
Those who ought to have let their children live in a better environment instead ended up burdened with such great debt and still had not improved their environment.
It caused the breakdown of marital relationships.
Perhaps they were still gritting their teeth and persevering under daily mortgage payments, but once the apartment was unfinished, that was equivalent to owing several million yuan for nothing.
Several million yuan!
Calculated on the basis of 10,000 yuan per month, that would be 120,000 yuan per year, and 1.2 million yuan in ten years.
Did that mean working for ten years for nothing without eating or drinking?
Moreover, Nandu Xiushui Garden had more than a thousand homebuyers!
The effect on these more than a thousand families could well be imagined.
Therefore, Ma Cheng’s desire to send Ye Zhenghuan in, to lock him up for several years, and to have him eat from the communal pot for several years was not excessive.
He even thought that if a heavy sentence could be imposed, then for a person like this a death sentence should be imposed directly!
Ma Cheng stared nervously at Ye Zhenghuan and spoke softly:
“Lawyer Li. After the final judgment, will it be possible to determine whether Ye Zhenghuan can be sent in?”
Li Xuezhen’s elegant brows slightly rose, sent in?
She glanced at the time on her phone.
“More or less. Once the judgment result comes down, he will probably be sent in.”
“That is good. This Ye Zhenghuan took everyone’s hard earned money, so he should go in and squat properly!”
Ma Cheng’s voice carried both hatred and resolve!
At the same time.
At the defendant Nanjian Real Estate table.
Ye Zhenghuan smiled slightly. At present it seemed that the lawyer on the other side was not all that capable after all.
Judging from the hearing just now, the other side’s argument felt rather ordinary.
Misappropriation of supervised funds?
That of course could be found out, because these misappropriated supervised funds had to appear in the accounts, otherwise they would have been difficult to explain.
Even if he were judged to repay these misappropriated supervised funds.
Only the executives’ dividends and increased salary treatment could be recovered.
For Ye Zhenghuan, these were all minor issues.
The key lay in the other investments.
But as for those other investments, the small companies had already gone bankrupt, so those funds could even less be recovered, and they had become a bad debt.
How could bad debt be recovered?
It could only be left unresolved.
Ye Zhenghuan knew very clearly in his heart that at present the hearing had already ended, so it was impossible for any other problem to arise for him.
At most it could only determine misappropriation of funds, and as for this aspect of fund misappropriation, he had already handled it, and it would not implicate him.
Ye Zhenghuan expressed all his thoughts and questions to Wang Jiangyang.
“Lawyer Wang. The purpose of the lawsuit this time on the other side, as for the accusation against us, is mainly to recover part of the supervised funds, right?”
Wang Jiangyang nodded: “According to my judgment, it should be like that, and there is no especially serious problem.”
“Mm!”
Ye Zhenghuan let out a sigh of relief and waited quietly with a smiling face for the court to reconvene and conduct the final courtroom statement.
Then the company would continue entering the bankruptcy process, and once the bankruptcy was completed, this matter would be over.
Excellent!
After the company went bankrupt, these rotten matters would have nothing to do with him, and as for whether those creditors and homebuyers lived difficult lives or not, that was none of his concern.
At that time he would do whatever he wanted.
Excellent!
Ye Zhenghuan silently thought in his heart.
During the adjournment.
Outside the courtroom, the audience in Luo Daxiang’s legal commentary live stream had no small degree of confusion regarding the arguments just made and the final judgment.
Teacher Luo. Based on the arguments just now, what will the result of this hearing probably be like?
Yes yes yes, Teacher Luo, I just want to ask how many people Lawyer Su can send in this time, and for how many years. Leaving other things aside, I just want to see whether that real estate boss, who has no conscience at all, can be sentenced to death.
I am one of the homebuyers of Nandu Xiushui Garden residential complex, so let me state my view. In my view, even a death sentence would not be enough. Unfinished buildings harm people too deeply. My father is already so old, yet he sighs in the middle of the night every day, my mother often cries whenever this matter is mentioned, and even now I have still not married, while carrying debt of more than a million on my shoulders.
And as far as I know, at that time the homebuyers in Nandu Xiushui Garden residential complex were not wealthy families, everyone bought by emptying their wallets.
There are many families like mine, and I hope the court will definitely impose the harshest punishment on this dog raised bastard of a boss!
Well said, because one of my relatives also bought an unfinished building, and the life he is living now is very terrible, so I can understand it, developers like this should be taught a severe lesson.
Exactly, they have done so many bad things, so sentencing them to death would not be excessive, right?
The comments in the live stream were overwhelming, all hoping that this hearing would resolve the predicament.
Luo Daxiang looked at the content of the live stream comments, apparently thinking about something, and for a long time did not speak.