Chapter 65: Judgment: Fixed Term Imprisonment of One Year!
After several seconds.
Wan Henghao calmed his nervous emotions and began to speak slowly:
“Presiding Judge, I do not know how to make a statement, I only know that during these two years Wu Qi withheld my wages.”
“This caused serious losses to my life and family, when I became ill I had no money for treatment, and over time this developed into a serious illness.”
“My children at home also had no money for tuition, and the fees were assembled through borrowing from various sources.”
“The reason I chose to initiate legal proceedings.”
“Was only to hope that the law could provide me with a fair judgment, I do not seek a severe sentence, I only seek the most just judgment for me.”
“Presiding Judge, my statement is complete.”
On the seat of the presiding judge.
After listening to Wan Henghao’s statement, Yu Zhenyang silently nodded.
He looked toward Su Bai: “Counsel for the entrusted party, is there anything further to supplement?”
“Presiding Judge, our side has nothing further to supplement.”
Su Bai spoke.
It was sufficient to stop at an appropriate point.
If further supplementation were made, it might instead produce the opposite effect.
Moreover.
Wan Henghao had already spoken very sincerely, and further supplementation by himself would not have much significance.
After the appellant’s statement was completed, the presiding judge again looked toward the respondent.
“Respondent, begin your courtroom statement.”
Zhang Xiao spoke: “Understood, Presiding Judge.”
According to the present situation.
The conviction of Wu Qi was about to become a fact.
The opposing party had set too many traps and had completely led him into them.
The facts and evidence were already before the court.
If Wu Qi were not to be convicted, then there would be only one possibility, namely reaching mediation before the determination so as to obtain a lighter sentence.
Zhang Xiao quickly communicated with Wu Qi: “At present this hearing is very unfavorable for our side.”
Upon hearing these words, Wu Qi immediately became alarmed.
“Lawyer Zhang, what should be done then?”
“Please think of a way!”
“Mediation can be conducted, that is to say this hearing will certainly determine that you must compensate Wan Henghao for the unpaid wages that are owed, it would be sufficient to conduct mediation before the judgment is rendered.”
Wu Qi’s mentality had already changed from his earlier attitude of refusing payment at all costs.
After hearing Zhang Xiao’s words, he hurriedly nodded repeatedly.
“Understood, Lawyer Zhang, I will follow your advice, mediation, mediation, Lawyer Zhang, whatever you say shall be followed!”
“Very well.”
Zhang Xiao organized the materials before him, set aside the courtroom statement that had previously been prepared, and began to present an oral statement.
“Presiding Judge, our side considers that our party did not subjectively and intentionally refuse to pay Wan Henghao’s wages.”
“Our party has now recognized his error and is willing to pay Wan Henghao the corresponding wages, if Wan Henghao is willing, our party will pay the corresponding unpaid wages and the corresponding interest within three working days.”
Bang bang!
The presiding judge’s gavel fell, and Yu Zhenyang’s gaze turned toward the appellant’s seat.
“The respondent proposes in court mediation, does the appellant accept?”
Wan Henghao looked toward Su Bai with hesitation.
Su Bai spoke: “Before the judgment is rendered, the opposing party is permitted to propose mediation, as for whether to accept mediation, the decision rests with you.”
“Then Lawyer Su, if I do not accept mediation, can I still recover the money?”
“Yes.”
After hearing Su Bai’s answer, Wan Henghao’s expression immediately became firm, and he rarely uttered coarse language: “Then what is the point of mediation!”
“He has treated me too unfairly, now that the case is almost won he wishes to repay my money, when I begged him before why did he not think of repaying my money then!”
“Lawyer Su, I will not accept mediation!”
“Very well.”
Su Bai nodded slightly, then looked toward the seat of the presiding judge: “Presiding Judge, our side refuses mediation!”
Bang bang!
Yu Zhenyang spoke: “What is the reason for refusing mediation?”
Su Bai took a deep breath.
“The reason for refusing mediation is as follows:”
“The respondent, when our party was in its most difficult circumstances, was unwilling to pay the wages that he owed, thereby causing economic hardship to our party.”
“Yet when facing legal adjudication, he proposes mediation with the intention of evading legal responsibility, which constitutes the greatest disrespect toward the law!”
“If everyone were to act like Wu Qi and propose mediation in court in order to evade legal responsibility, then this would constitute a violation of the authority of the law!”
“Therefore our side considers that, in order to preserve respect for the law, the respondent should be subjected to severe punishment!”
Xie Yu: “?”
Dong Qiang: “?”
Zhang Xiao: “?”
Wu Qi: “?!!”
Proposing mediation in court constituted a violation of the authority of the law?
It constituted disrespect toward the law?
This accusation was extremely severe.
Wu Qi immediately began to curse inwardly.
What did this mean?
Was this truly a violation of the authority of the law?
This accusation was far too heavy for him to bear.
“What should be done, Lawyer Zhang, did you not say that mediation would be sufficient, why does the situation now appear to be becoming increasingly serious?”
“Lawyer Zhang, what exactly is happening here!”
Wu Qi was extremely anxious, and Zhang Xiao rubbed his temples, who could have expected that the opposing party would be so skilled at invoking broad legal principles?
What could be done?
He himself did not know what could be done.
They could only wait for the judgment.
On the judicial bench.
Yu Zhenyang nodded slightly.
From this perspective, there was indeed no problem.
Before rendering the judgment, he had already formed a general assessment of the case.
Looking toward the appellant’s seat, Yu Zhenyang nodded slightly, and in his mind the result of the judgment had already been determined.
He struck the gavel.
Bang bang bang!
“The courtroom statements are complete, the appellant refuses mediation.”
“Do the parties have any further objections?”
Su Bai: “Our side has no objection.”
Zhang Xiao: “Our side has no objection.”
Bang!
Yu Zhenyang struck the gavel and slowly stood up: “Since there are no objections, the court will now announce the conclusion of the hearing and proceed to the pronouncement of judgment!”
Court clerk: “All rise, the presiding judge will now announce the judgment!”
All present stood.
At this moment, Wu Qi’s face was covered with sweat, and he tightly clenched his fists while waiting for the presiding judge’s pronouncement.
Yu Zhenyang stood upright, holding the trial materials, and announced the result of the judgment.
“The cause of this case is that the appellant Wan Henghao filed a private prosecution against the respondent Wu Qi for refusing to pay remuneration, and additionally pursued Xie Yu and Dong Qiang as defective shareholders to bear civil compensation liability.”
“This court has jurisdiction over this case, and the applicable law is entirely in accordance with domestic law.”
“The judgment of the hearing is now announced.”
“Upon determination by this court regarding the litigation claims raised by the appellant.”
“First, regarding the accusation that Wu Qi, as a shareholder, legal representative, and principal responsible person of Tianlan Construction Co., Ltd., committed the crime of refusing to pay remuneration, the facts are established and the evidence is conclusive.”
“The respondent has no objection, the respondent Wu Qi seriously infringed upon Wan Henghao’s rights and caused serious consequences, it is hereby determined that:”
“Wu Qi is guilty of the crime of refusing to pay remuneration!”
“He is sentenced to fixed term imprisonment of one year, and within a specified time limit shall pay Wan Henghao the wages owed as well as the accrued interest!”
“Moreover, regarding the losses suffered by Wan Henghao as a result of Wu Qi’s withholding of wages, part shall be borne by Wu Qi, and the specific matters shall be further coordinated by the court after the hearing!”
“Second, regarding the issue raised by the appellant concerning defective shareholders, it is determined that Xie Yu and Dong Qiang, as defective shareholders, shall bear partial compensation responsibility for the unpaid wages and interest owed to Wan Henghao, and the specific allocation of responsibility shall be determined according to their respective proportions of equity in Tianlan Construction Co., Ltd.!”
“Third, Wu Qi is ordered to issue an apology to Wan Henghao for the losses caused to him!”
“Fourth, regarding the litigation costs and attorney related fees raised by the appellant, it is determined that they shall be borne by the respondent!”
“All litigation requests raised by the respondent are rejected!”
“This judgment is a judgment of first instance, according to the provisions of the litigation law of our country, if the respondent considers that there are any problems or doubts regarding this ruling, he may apply to the relevant authorities for review or apply for retrial.”
“The written judgment shall be delivered to both parties within ten days after the conclusion of the hearing.”
“The court is adjourned!”
Bang!
With the heavy sound of the gavel falling, the hearing concluded.
At the respondent’s seat, Wu Qi appeared completely stunned and at a loss, and even somewhat frightened.
I have been imprisoned?