Chapter 158: The Judgment Result! Nandu Bears Responsibility, and the Real Estate Boss Is Publicly Prosecuted!
After remaining silent for several seconds.
Luo Daxiang slowly let out a long breath.
How should this case be described, if the argument ended here, then there was still something of a pity.
Judging from the course of events, this Ye Zhenghuan definitely bore responsibility for malicious misappropriation of funds.
But on this point, it had not been manifested in the hearing.
If it had not been manifested, then it would be difficult for the collegial panel to adopt it.
And moreover, how should it be put.
If Ye Zhenghuan were convicted on the basis of malicious debt evasion or malicious bankruptcy, that would also appear somewhat lacking in evidence.
However, in this case.
Wanting to search for evidence and find a complete evidentiary chain by personal ability alone was indeed somewhat difficult.
Being able to recover the corresponding supervised funds was already very good.
Luo Daxiang silently thought this in his heart.
But at the same time, for some unknown reason, he always felt in his heart that the directional focus of this hearing ought also to involve Nanjian Company and Ye Zhenghuan.
If Ye Zhenghuan could not be sent in, that would be a real pity.
Inside the deliberation room of the collegial panel.
Zhu He, Li Mingfei, and Wang Dong sat in the deliberation room discussing the judgment in this hearing.
There were two important points regarding the judgment in this hearing.
The first was how much responsibility the bank should bear for the irregularities that appeared in fund supervision.
The second was the plaintiff’s accusation against Nanjian Real Estate for malicious debt evasion.
As the chief presiding judge of this hearing, Zhu He spoke to inquire:
“Mingfei, you understand banking and finance relatively well, how much responsibility do you think the bank should bear this time for the irregularities that appeared in fund supervision?”
This question was asking about the percentage of responsibility the bank should bear.
Facing Zhu He’s inquiry, Li Mingfei remained silent for several seconds and then spoke:
“This. I think that on the bank’s side, it should bear secondary responsibility.”
“Although there was a problem in the supervision of funds, subjectively speaking it was still the real estate company that carried out the misappropriation of funds.”
“To be honest, even if the bank had not irregularly disbursed the funds, the real estate company would still have had means to misappropriate the funds, and wanting to supervise comprehensively would have been very difficult and troublesome.”
“However, this time, Nandu Bank’s irregular disbursement of funds was indeed an extremely serious irregular event.”
“I personally believe that in the judgment of this hearing, the Nandu Bank side needs to bear 25 to 30 percent of the responsibility.”
“Mm! This is roughly the same as my own view.”
Zhu He nodded and recognized Li Mingfei’s view:
“Regarding the determination of the bank’s allocation of responsibility and the specific amount it should bear, Wang Dong, do you have any different thoughts?”
Wang Dong shook his head: “I do not have any different thoughts, I think that this allocation of 25 to 35 percent responsibility is very reasonable.”
“Then how do you view the plaintiff’s accusation of malicious debt evasion by the real estate side?”
Facing Zhu He’s inquiry, Wang Dong was silent for several seconds and did not reply immediately.
Zhu He in fact also had his own thoughts regarding this point.
At the beginning he had understood something about Su Bai, and had thought that Su Bai would continue this tradition of sending people in.
But according to the current state of the hearing, it was definitely impossible to convict Ye Zhenghuan.
As for the conduct of malicious debt evasion.
Zhu He had a general judgment in his heart, but he still wanted to hear the opinion of Wang Dong, a judge who had certain attainments in real estate disputes.
Wang Dong drank a mouthful of water and then set forth his view regarding this accusation.
“Regarding the plaintiff’s accusation against Nanjian Real Estate, it is estimated that only the point of malicious debt evasion is in dispute.”
“To tell the truth, I believe that this accusation in fact has a certain basis.”
“However, this basis is not complete.”
“But if our court is to render judgment, then it must rely on evidence, and moreover we are the Supreme People’s Court, so judgment all the more should proceed according to evidence, and not according to subjective basis.”
“As for determining that Ye Zhenghuan, the actual controller of Nanjian Real Estate, misappropriated supervised funds and recovering the corresponding supervised funds, there is no problem whatsoever with that.”
“But if one says malicious bankruptcy or malicious debt evasion.”
“I think the evidence may be somewhat insufficient.”
“This is my personal view.”
“Mm!” At this time Li Mingfei also took up the point:
“On this point, I agree with Wang Dong’s view, if Ye Zhenghuan were truly to be judged for malicious bankruptcy and malicious debt evasion, there would indeed be certain evidentiary insufficiencies.”
“Because the malicious bankruptcy and malicious debt evasion raised by the plaintiff did not have auxiliary evidence, and if determination is made solely on the basis of subjectivity, then it is basically impossible to achieve.”
“Correct.” Wang Dong continued: “There is also the fact that this lawsuit is a civil lawsuit, and does not involve issues of criminal responsibility, so even if malicious debt evasion were determined.”
“Then it would also only be an administrative fine. On this point, I think the bank side ought to come forward to pursue it.”
After hearing the views of Li Mingfei and Wang Dong, Zhu He slowly nodded.
What Li Mingfei and Wang Dong said was both highly reasonable, and the law they applied in this hearing was also compliant.
As for how to determine the matter, he already had an idea in his heart.
This time, Su Bai had won the lawsuit, but perhaps in this hearing he would not be able to send anyone in.
When he returned, he would also be able to chat with his friend in Nandu, which could be regarded as breaking Su Bai’s convention of sending people in.
Thinking of this, Zhu He smiled and nodded:
“Then let us render judgment according to the result that has been discussed, and verify the details further.”
“As for the details of the final judgment result, let us hear the courtroom statements of all parties first, and then decide the final issue of allocation of responsibility, would that be alright?”
“Mm!”
“Alright!”
Li Mingfei and Wang Dong both nodded at the same time.
At the same time.
Outside the Supreme People’s Court.
Several law enforcement personnel from the procuratorial authorities arrived at the Supreme People’s Court.
After presenting the relevant materials from the Nandu procuratorial authorities, they came to the outside of the courtroom.
One of them spoke: “It is now the adjournment stage, should we go in and arrest him?”
“No need, let us wait until after the judgment result comes out before arresting him, after all this is the Supreme People’s Court in Beidu, and we are enforcing the law in another locality, so if we directly go in and arrest someone, that would not be proper.”
“All that needed to be coordinated has already been coordinated, and after the judgment result comes out, we will go in directly and arrest him, to avoid any accident.”
“Alright. However, the issues involving this Ye Zhenghuan are too many. According to the clues provided by the informant and the evidence produced upon filing the case, by following the line of inquiry we actually found several tens of millions in concealed assets and transferred assets.”
“And even just regarding these, we still have not completely searched them out. If all of them were uncovered and a public prosecution were brought, how many years would the sentence be?”
“False bankruptcy and obstruction of liquidation, if the two are added together, he will definitely be sentenced for quite a number of years. And this is still under the sentencing circumstance after Ye Zhenghuan found someone to take the blame.”
“Quite a few related persons from Nanjian Real Estate have been arrested, and there may also be other offenses added together. At that time it will depend on the interrogation by the enforcement side.”
“But it definitely will not be less than three years.”
“Mm!”
One of the procuratorial personnel nodded, and the several people stood outside the courtroom waiting, so that after the judgment was announced they could take Ye Zhenghuan away for investigation.
That was correct.
This matter was precisely one that Su Bai had reported, and he had already early on requested supervisory review from the relevant departments.
Therefore, after Nanjian Real Estate entered the bankruptcy procedure, it was ordered to stop.
Wanting to investigate the finances of a real estate company, and the circumstances of concealed assets and transferred assets, was extremely complicated.
Merely relying on personal ability, it truly was difficult to accomplish, and moreover the Supreme People’s Court had already confirmed the hearing time.
Wanting before this to collect evidence, and then submit supplementary litigation materials, was simply impossible.
And furthermore this was also a public prosecution case, requiring prosecutorial accusation by the procuratorate.
Therefore, in this hearing at the Supreme People’s Court, it was certain that Ye Zhenghuan could not be taken down.
If he could not be taken down, then would no one be sent in?
Impossible!
If he could not be taken down in this way, then another method would be used, namely directly filing the case, arresting the person, and publicly prosecuting.
As a top lawyer, Su Bai had long since fully understood the ways in which companies concealed property and transferred property.
Through the evidence and clues provided by Su Bai, the procuratorate conducted an investigation into Nanjian Real Estate.
And thus.
It discovered a whole series of issues, including malicious bankruptcy infringing creditor interest, concealment of huge assets, obstruction of liquidation, and so forth.
The relevant materials were handled directly and brought over to arrest the person.
Luo Daxiang, Zhu He, and Wang Jiangyang all believed that no unexpected situation would occur in this hearing.
They believed that even if there were problems with Ye Zhenghuan, it would still be impossible for him to be taken away.
But in reality, this was indeed so.
Because Su Bai had not planned at all to accuse Ye Zhenghuan of crimes at the Supreme People’s Court.
Others did not understand, but Little Li, as the trainee assistant, understood.
That was why her eyes had been shining brightly the whole time as she stared at Ye Zhenghuan.
Inside the courtroom.
Su Bai smiled as he looked at Ye Zhenghuan once, then withdrew his gaze and waited for the judgment.
As for Ye Zhenghuan, there was not the slightest worry on his face, and instead he was looking forward to the judgment being made quickly.
So that his company could enter the bankruptcy procedure sooner, cast off its troubles, and avoid the appearance of other unexpected situations.
Little Li, meanwhile, had eyes shining brightly: let the hearing end quickly!
Arrest them, arrest them!
Send them in, send them all in!
How delightful.
Hey!
Li Xuezhen thought with a little excitement in her heart.
Very quickly, the adjournment period ended, and the three members of the collegial panel once more walked onto the courtroom floor.
Bang bang bang!
Zhu He struck the gavel.
“The adjournment is ended, and all parties are now requested to make their courtroom statements.”
“The defendant Nandu Bank is first requested to make its courtroom statement.”
After hearing the Presiding Judge’s words, Xu Zhiqiang took a deep breath.
Courtroom statement.
Given that it had already been determined that Nandu Bank’s irregular conduct had causal significance, then in the courtroom statement, the most important point was the issue of allocating responsibility.
After clarifying this line of thought, Xu Zhiqiang spoke:
“Presiding Judge, our courtroom statement is as follows:”
“Our side believes that the bank side indeed has deficiencies in fund supervision.”
“But in reality the principal responsibility for the unfinished state of Nandu Xiushui Garden still lies with the developer side, namely its irregular misappropriation of funds.”
“If Nanjian Real Estate had not misappropriated the funds, then it would have been impossible for the situation of the residential complex becoming unfinished to occur.”
“Our side believes that on this point, Nanjian Real Estate ought to bear 90 percent of the responsibility.”
“Presiding Judge, our side’s statement is complete.”
Good fellow, right from the beginning he was making Nanjian Real Estate bear 90 percent of the responsibility.
Then did that mean your bank side had no responsibility?
Wang Jiangyang slightly frowned, but did not speak, and instead looked toward the presiding judge’s bench.
Bang bang bang!
Zhu He struck the gavel and looked toward Nanjian Real Estate.
“The defendant Nandu Bank has completed its statement, and now the defendant Nanjian Real Estate is requested to make its courtroom statement.”
“Yes, Presiding Judge.”
Wang Jiangyang slightly nodded. To tell the truth, in this hearing.
In his view, Nanjian Real Estate was merely accompanying the run, and what remained was the issue of allocating responsibility between it and the bank.
Everything that ought to have been said had already been said, and whatever had not been addressed the other side also lacked evidence to decisively nail them on.
As for Nanjian Real Estate’s courtroom statement, the principal basis lay in the issue of allocated responsibility between it and the bank.
After thinking for several seconds, Wang Jiangyang began his courtroom statement:
“Presiding Judge, our courtroom statement is as follows:”
“Presiding Judge, our side admits that our side irregularly used the supervised funds.”
“But our side believes that our responsibility is not that great.”
“In terms of allocation of responsibility, it was first the bank’s irregular disbursement of supervised funds, and only afterward our side’s use of the supervised funds.”
“We respectfully request that the collegial panel take into consideration whether Nandu Bank’s irregular disbursement violated the bank’s own terms and regulations.”
“And then further determine the issue of allocation of responsibility between our side and Nandu Bank.”
“Presiding Judge, our side’s statement is complete.”
After Wang Jiangyang finished his statement, he met Xu Zhiqiang’s gaze, and the two remained silently without speaking.
Bang bang bang!
At the bench, the Presiding Judge struck the gavel:
“The defendants have completed their statements, and now the plaintiff party or entrusted lawyer is requested to make a statement.”
“Yes, Presiding Judge.”
This time, the plaintiff accused the defendants, and there were two defendants.
Therefore, in the courtroom statement, it was necessary to make a general summary and understanding regarding both sides.
Su Bai had previously asked Ma Cheng whether he wanted to speak in the courtroom statement.
But Ma Cheng had declined, so Su Bai, as the litigation agent, needed to make the final courtroom statement.
After simply organizing the materials, Su Bai slightly raised his head and looked toward the bench.
He slowly spoke:
“Presiding Judge, our courtroom statement is as follows:”
“In this litigation, our side’s litigation request is very simple, namely that our side hopes that our side can obtain the compensation to which it is entitled.”
“Our clients Ma Cheng and Ma Xiangzhi purchased Nandu Xiushui Garden three years ago. At that time Nanjian Real Estate Company advertised it very well, saying that the community environment was good and the landscaping was good, but three years later it ended in an unfinished project.”
“The present situation is that.”
“The clients are burdened with debts of several million yuan, yet do not have a place in which they can live.”
“To this day, a family of four is still crowded into a rented dwelling of less than 60 square meters (≈646 sq ft).”
“Every month they still have to repay nearly 6,000 yuan in loan principal and interest, and I hope that the court, taking our situation into account, can provide a certain humane judgment.”
“Our side does not request extra legal leniency, but requests that the court take into account the difficult circumstances of the clients and make an appropriate judgment.”
“Presiding Judge, our side’s statement is complete.”
Su Bai’s statement was simple and clear.
At the bench, after hearing Su Bai’s statement, Presiding Judge Zhu He slightly nodded, then struck the gavel.
Bang bang bang!
“All parties have completed their courtroom statements, and the hearing result is now announced!”
“The Presiding Judge announces the hearing result, all rise!”
Accompanied by the falling of the clerk’s voice.
Rustle rustle rustle.
All persons in the courtroom stood up.
Zhu He began reading the judgment:
“The cause of action in this case is as follows:”
“The plaintiff accuses Nandu Bank of irregularly disbursing supervised funds and causing the unfinished building, and applies for the bank to bear joint liability and seeks compensation.”
“And also seeks to pursue the conduct of malicious debt evasion, bankruptcy, and the like by Nanjian Real Estate Co., Ltd., the construction company to which the unfinished building belongs.”
“The Supreme People’s Court has investigated, verified, and accepted this case, this court has jurisdiction over this case, and all applicable law is pursuant to domestic law.”
“The judgment result is announced below:”
“According to the research and decision of the collegial panel, the following judgment is made with respect to the plaintiff’s litigation claims.”
“One: according to the relevant laws and regulations regarding joint liability, it is determined that Nandu Bank’s irregular disbursement of supervised funds has a causal relationship with the unfinished state of Nandu Xiushui Garden.”
“That is, Nandu Bank is determined to bear the corresponding 30 percent responsibility.”
“Two: the following determinations are made with respect to the litigation claims put forward by the plaintiff.”
“(1) The parties may temporarily suspend repayment of the bank loan and cease paying interest, and the specific repayment date shall be decided by consultation between the bank and the parties, with a period of no less than one year.”
“The Supreme People’s Court will conduct relevant private mediation concerning the wishes of the parties and the bank side.”
“(2) The bank side, for the delayed delivery of the real estate project by the developer, shall bear joint liability, and the bank side is ordered to pay the parties liquidated damages in the amount of 28,623.23 yuan.”
“The plaintiff’s request for economic compensation from Nanjian Real Estate Co., Ltd. is reasonable, and Nanjian Real Estate Co., Ltd. is ordered to pay the plaintiff parties liquidated damages in the amount of 96,728.43 yuan.”
“Nanjian Real Estate Co., Ltd.’s irregular use of supervised funds shall be recovered according to law.”
“Because the evidence provided by the plaintiff is insufficient, the plaintiff’s accusation that Nanjian Real Estate Co., Ltd. engaged in malicious bankruptcy and debt evasion is dismissed.”
“All claims of Nandu Bank are dismissed.”
“This judgment is the determination of the Supreme People’s Court. If the plaintiff or defendant believes that the judgment is unreasonable or that there is any procedural problem, they may submit a request for supervisory review to the relevant departments.”
“The written judgment will be sent within ten days to the addresses submitted by all parties.”
“The hearing is closed!”
Bang bang!
The gavel fell, and the determination ended.
When he heard the judgment result, Ye Zhenghuan let out a long sigh of relief.
Compensation?
They still had to pay compensation?
They were about to enter the bankruptcy procedure, so what compensation could they still pay? Apart from that small amount of dividends being recovered, there was fundamentally no need to pay compensation!
The determination result had already come out, and now it was only necessary to continue waiting. This time there would not be any more unexpected trouble, right?
Just as Ye Zhenghuan was thinking this, a judicial police officer came to the bench, apparently speaking to Zhu He about something.
Immediately afterward.
Several staff members from the procuratorial authorities entered the courtroom and came directly before the defendant Nanjian Real Estate Co., Ltd. table.
“May I ask, are you Ye Zhenghuan?”
Ye Zhenghuan looked at Wang Jiangyang, and seeing that Wang Jiangyang was also utterly confused and somewhat at a loss, he still nodded.
“Yes. I am Ye Zhenghuan.”
“We are law enforcement personnel from the Nandu procuratorial authorities, and this is our work identification and materials.”
“You are now implicated in a major case, and a case has already been filed against you with public prosecution initiated, so please cooperate with our staff in conducting investigation and review.”
“During this period, you have the right to notify your lawyer to preserve your legal rights, but for now please come with us.”
As the words fell, two members of the procuratorial staff fastened handcuffs onto Ye Zhenghuan’s hands.
Click click.
Ye Zhenghuan’s face was full of confusion: ?!?!?!
This. What was going on?!