The Opening Account Was Stolen, and the Backhand Recharged 1 Million

Chapter 531 Lose the Money First

In the past, when Zhou Yi heard someone talking nonsense, he couldn't help but want to refute.

But after going through many court trials, he knew very well that the court is to speak, even those criminal suspects who look heinous, he has the right to defend before the court convicts him.

For example, Lao Moumou, who upheld the original verdict in the second instance.

So Zhou Yi just sat like that, and Fang Dazhuang sat still very calmly, ready to listen to what the lawyer Lian had to say.

"Before the other party's purchase behavior, our underlined price is higher than the original price, but the other party must have an understanding of the price of gold based on social life experience before purchasing gold products, so our underlined price cannot be used to determine the price of gold. It's misunderstood!"

"Secondly, we did not intend to deceive, and did not clearly inform that the original price was only a slight flaw, and there was no subjective intention. Instead, we believed that after the discount, the price was not significantly higher than the market price, so we should not deemed fraudulent."

"And, on purpose..."

Zhou Yi wanted to fail when he heard this debate, Gao, this is really high.

Especially the intentional fraud, in many cases, it is difficult to judge whether it is intentional or not. After all, this thing is very subjective. You say there is a reason for intentional, and there is also a reason for not intentional.

A smile appeared on Fang Daxiang's face. Should I say it or not, this lawyer has improved compared to the previous Lu Zuxiong.

Knowing the situation through other channels was a very important part of the Supreme Court's judgment in the sky-high luxury car case!
At the beginning, there was one point that the car sales company recorded the PDI behavior in the record of the car. That is to say, if you don’t check it, you may not know it, but if you know this thing, check it, you will definitely find it. .

Therefore, it is not considered fraud here, but only a violation of the consumer's right to know.

Of course, the most important point is whether to report all PDI, the current law does not clearly stipulate...

But now, even the lawyer’s view is that since you buy gold products, you must know the price of gold. At present, major companies are relatively transparent about the profits of gold products, and you can find these things in other ways.

Therefore, generally speaking, the original price can be roughly found.

Then obviously, you can find these costs, and we don't need to tell the original price...

Since there is no need to tell, there is no fraud.

Another point, of course, is that our profit is not high, so the judgment of more than 1000 million in compensation violates the fairness principle of civil law.

Lian Yukuan knew very well that if he still used the reasoning in the first instance, that is, Zhou Yi's behavior of "knowing and buying fakes" did not cause misleading, then he would definitely lose the case.

Whether or not to change the sentence in the second trial, there must be something new, otherwise the judge will know that you still have the original content after reading it, and basically will maintain the original sentence.

After speaking, Lian Yukuan sat down.

The audience in the public gallery also began to have some reactions. This kind of case is all about the details.

Fang Dazhang stood up. Of course, it doesn't mean that he has to stand up for a court debate, but he is used to doing this. Standing up for a debate makes him feel better.

"Rebut the appellant's two points. First, the original price can be known through other means. Here, the appellant's lawyer is obviously changing the concept secretly."

"He specialized gold products, thinking that gold products are different from other commodities, but our laws do not have relevant regulations, so gold products should also be regarded as commodities!"

"It cannot be said that everyone knows the price of the raw materials of a certain commodity, so it can be assumed that the other party knows the original price. Gold products fall within the categories of goods stipulated in the Consumer Protection Act, so they should apply."

Having said that, Fang Dazhang drank his saliva and continued: "As for saying that there is no intention in the subjective aspect, I don't think so. The appellant has no obligation to inform, and their behavior is enough to mislead our client and make him make a mistake. purchase, so I think this can be presumed to be deliberate on the subjective side.”

This is a bit convoluted, what Fang Daxiang means is that in human terms, you are doing this to let the leeks buy things because of the high discount. This is obviously a deliberate fraud.

Even the lawyer refuted it again, but he still insisted on his point of view, which did not constitute fraud.

Zhou Yi was able to fill it in at the beginning, but he started to feel dizzy later on. This lawyer is indeed capable, but Fang Daxiang's rebuttals are always so just right.

Various relevant laws and judicial interpretations are readily available, and it seems that they have been prepared for a long time.

So much so that in the end, Lian lawyer led his point of view to the principle of fairness.

Fang’s general opinion on this is that the Civil Code is a general law, and the Law on the Protection of Consumer Rights and Interests is a special law, and the special law should be applied when conflicts arise.

The business itself is in an advantageous position, so the principle of fairness cannot be applied.

In other words, if the principle of fairness is really considered, then there should be no such thing as the Consumer Protection Law...

The presiding judge also listened very carefully, and finally the debate between the two ended.

Ask separately whether there is anything to add, and then announce the adjournment.

Lian Yukuan started to drink water, and he is not sure whether the sentence can be changed now, but this kind of compensation case cannot be easily submitted.

After a while, the presiding judge came back, and after full discussion by the Judicial Committee of the Intermediate Court, he ruled to reject the appeal and uphold the original verdict, and the legal fees should be borne by Afu Company.

This judgment is final.

After the verdict came out, Lian Yukuan sighed, and then called Tang Pengcheng who was in the company, because the trial was not broadcast live, so the other party was still waiting for news at the company.

In Afu's office, Tang Pengcheng's face turned pale as he listened to the voice on the phone.

"Even the lawyer, is there nothing we can do? If the more than 1000 million yuan is really paid out, I really can't maintain it anymore."

It's not that Afu Company doesn't even have more than 1000 million yuan. The main thing is that everyone knows that many companies have a lot of assets, but their cash flow is not particularly abundant.

There are even some companies that simply use loans, and the money owed may not be repaid even if the company is sold several times.

Ah Fu Company can afford to pay so much money all of a sudden, but he can't do Tang Pengcheng.

"I can only apply to the High Court for retrial." Lian Yukuan said with a wry smile: "But Mr. Tang, I have to tell you first that the retrial costs are also quite a lot, and it's hard to say whether it will be effective."

"What's more, even if we apply for a retrial, the judgment of the second instance must be executed first..."

This is why we always say that the second-instance trial system is the final decision at present, and this is the reason.

After the second trial, you can refuse to accept it, but you have to implement it, no matter what you say.

As for your application for retrial, execution will not be involved during the retrial. If the retrial is changed, the money for the previous execution will be refunded.

It sounds like taking off your pants and farting, but this is the procedure, the final judgment of the second instance is the regulation, and the rest of the application for retrial and trial supervision, that is, protest, are calculated separately.

Tang Pengcheng's eyes were darkened, and the second-instance judgment came into effect as soon as it came down.

If the judgment is not fulfilled within ten days after the delivery of the judgment, the other party can apply for compulsory execution...

Ah Fu is such a big company, now this situation temporarily transfers funds?
One charge of refusal to carry out the crime was duly charged.

Enforcement by this kind of tangible company is sometimes easier than individual enforcement because their money is in the account.

The courts really enforce it, which is much easier for ordinary people who have no money at all.

There is no other way, absolutely no way, Tang Pengcheng decided to resign by himself.

Of course, he didn't know that Fang Dazhuang was already in contact in the court.

"Yes, I must have won. This case can be regarded as a classic case. I also think it is no problem to guide the case. Many people should learn from it. What is going on is what is going on!"

What it means to be a classic case means that anyone who studies law will look at your case in the future.

What kind of treatment, just search for Brother Long to find out, this treatment is really top-notch.

In fact, there is no need for a large contact person, and the Shenzhen Municipal Court will naturally report it.

Such a big case can indeed become a benchmark.

Still the same sentence, the law stipulates that it is not for viewing. Since it is a punitive compensation measure, it makes no sense to say that you can use it when you want to use it when you have less money, and you have to make various reasons when you have more money.

The two left the court with the ruling. At the same time, the results of the second trial of the sky-high claim case have appeared on the Internet.

"The appeal is dismissed and the original judgment is upheld!"

As soon as the news came out, those netizens who were a bit bored eating melons immediately became excited.

"Wucao, you really supported the original verdict. This compensation is going to be paid!"

Some people started feeling emotional on the Internet, you see that A Yi has been serious for so long, it is not as good as a lawsuit.

However, it was quickly refuted.

"Ah Yi said, the money will be donated. Do you think he is the same as you?"

Naturally, the two sides started to quarrel, because many people didn't think that A Yi would donate the money.

And even if it is donated, it must be a fraudulent donation!

It can't be said that everyone on the Internet likes to raise arguments. In fact, over the years, some people have spoiled the matter of donations.

There are also a lot of fraudulent donations, so these Internet celebrities will be suspicious of their claims to donate.

And more people think that this case is really a benchmark, much better than some places and mud.

For example, there have been cases where it was judged that the value judgment and function of the vehicle and the vehicle paint can be separated. Even if the paint is flawed, it does not affect the safety performance and use of the vehicle, but only affects the appearance of the vehicle and the psychological feelings of consumers. Therefore, What is it called, "partial fraud".

Then the appeal was overturned...

Why, because the Court of Appeals clearly stated that there is a line between fraud and non-fraud, and there is no partial area of ​​"partial fraud".

Why, many frauds are partial. If a partial fraud occurs, the protection of fraud in our consumer protection law will lose its meaning.

There are many people who support it, and there are also many people who oppose it. They are heartbroken there, thinking that this judgment will encourage those unhealthy tendencies, and make many people think of getting rich through such means...

Zhou Yi did not comment on this view.

Because there is really no way to evaluate it.

After staying in the hotel for a day, the two returned to Jingzhou. They came here to file a lawsuit, and naturally they would go home after the lawsuit.

If the other party doesn't enforce it, then just tie it up... No, just send a lawyer to apply for enforcement.

After the lawsuit was over, Fang Dazhuang was very excited. It was obvious that his notebook could write a lot of things again.

And Zhou Yi was equally excited, because Zhou Xinran said that he would come and live with him when he got engaged, and before that, he would visit him every now and then.

Well, as for the "how to see" content that requires members to pay again, I won't say much.

I came back and stayed for a day, which happened to be the fifteenth day of the first lunar month. Zhou Yi naturally went to Zhou Xinran's house to spend such a good day.

The taste of the new year has slowly dissipated, and everyone's life has entered normal.

Similarly, the work of Tenda's legal department began to get busy again.
-
It was another bright morning, and Zhou Yi got up from the bed. He has been a bit depraved in recent days, hurt by alcohol and sex, and his whole body is a bit haggard.

So after hesitating for three seconds, Zhou decided to temporarily quit drinking for a week.

Washing up, going downstairs to eat, and then driving to work has become a daily routine.

It is said that Ah Fu Company has already applied for retrial. It doesn't matter, it is their right.

But Zhou Yi only cares about one thing, whether the compensation is in place.

It's been the sixth day and nothing has happened.

But he was not in a hurry, Ah Fu's company had a big business and couldn't run away.

I came all the way to the company, finished my daily work, and strolled to the legal department.

As a result, before he could go in, he heard bursts of crying coming from the office.

What's the matter again, someone was raped again?Still another employee was cheated of a bride price.

Although it is said that there are legal aid funds, your brains can't be so bad!
Walking in quickly, I saw an employee there, and an old man in his 60s was sitting next to him.

"Hey, Mr. Zhou is here? You sit here!" Wang Daoren, the legal affairs officer on duty today, greeted Zhou Yi quickly when he saw Zhou Yi.

Zhou Yi nodded, looked at the employees and the old man who were a little embarrassed, and said with a smile: "Everyone can do whatever they want, I just came to see, that young man, you continue to talk, it's all right."

Wan Hai, an employee who joined Tengda not long ago, finally stopped being excited, and said, "Mr. Zhou, I just said a little bit. In fact, the thing is like this..."

Listening to what the other party said, Zhou Yi couldn't help frowning!
Although he never thought that everyone was a good person, he never thought that some people could be so bad!
In other words, they don't even feel that their behavior is wrong at all!
　Chapter 2 is here!Thank you Xingshen, another novice, gjvip, Banlangen cures all diseases, cute new boy, thank you brothers for your rewards, I will post a summary in a while, and answer the questions of many people before.

　　
　
(End of this chapter)