The beginning was serious, and the opposite side was scared by me and called the police!
Chapter 128 Although Outrageous, But Reasonable
Chapter 128 Although Outrageous, But Reasonable
This lawsuit...
Seemingly civil.
But it may escalate into a criminal case at any time!
By comparison.
Civil is just an appetizer, and criminal is the highlight!
And the top of the court.
The judge did not expect this civil dispute to end so quickly.
I froze for a while.
He has tried hundreds of civil dispute cases, each of which was quarreled in court.
Stick to one word.
No one can convince anyone.
In some cases, it is even difficult for the collegial panel to decide.
In criminal cases, it is only necessary to establish the facts of the crime.
But civil...
But it has multiple complexities of human nature, morality, ethics, and law.
All aspects need to be considered.
Some people who are in court, even parents and brothers, are close relatives by blood.
As the saying goes, it is difficult for an upright official to break up housework.
For this kind of event...
The collegial panel is sometimes a headache.
And this case...
Originally a lottery dispute, it is also a very complicated civil case.
A lottery dispute involving both parties.
He had thought that the two sides would argue for at least a few hours.
Unexpectedly, the defendant admitted the ownership of the lottery ticket so quickly.
And the heart of the case...
It's a dispute over the first prize.
The content of Qin Mu's lawsuit is also to determine the ownership of the first prize and the fourth prize.
Now it's like saying...
As soon as the court session started, the civil case was over.
However, the necessary process still needs to be followed.
"Boom-"
The judge struck the gavel and said in a deep voice, "Next, let's enter the cross-examination session."
Followed by.
Qin Mu listed many backup evidence provided by the procuratorate and displayed them in court.
The whole case was videotaped and the trial was open to the public.
Showcase the evidence...
It is also to let the public outside the court see the fairness of this case.
"Does the defendant have any objections?"
Whenever Qin Mu presented a piece of evidence, the judge looked at Chen Ping and Xie Lianqing.
"No."
Chen Ping clenched his teeth, not daring to deny anything.
Only when you understand the law can you know that the law is strict.
There's nothing terrible about it in hindsight without offense.
But once violated...
Only then did I know where its high voltage is, and there are red lines inside the law.
There's no point in arguing any longer.
It's better to show a good attitude of repentance, according to what Brother Zhang said...
Fight for a reduced sentence.
"Does the defendant have any objections?"
"No."
"Does the defendant have any objections?"
"No."
"Does the defendant have any objections?"
"No."
The most complicated cross-examination session in court ended in less than 10 minutes.
The judge took a deep breath.
Then he said: "Now enter the debate, the lawyers of both sides... the plaintiff and the defendant can start the debate."
This time the plaintiff here...
No lawyer was hired.
Therefore, in this debate, only the plaintiff can appear in person.
This link is mainly for the lawyers of both parties to advocate their own rights and interests as much as possible within the scope of the law.
Strive for the approval of the collegial panel.
however……
He just finished.
Lawyer Zhang Wei in the dock stood up directly: "Our client has already admitted the fact that he lied about the wrong ticket. There is no dispute in this case. I have nothing to say."
He directly gave up his claim of rights and interests and admitted his own infringement.
Thus……
Qin Mu didn't even need to speak, the debate was over.
Judge:"……"
Watching the scene in court.
He was suddenly speechless.
This was the first time he had seen such a peaceful civil court.
In this position yesterday, both the plaintiff and the defendant were almost beaten to death, but luckily they were stopped by the judicial police in time.
As for Qin Mu and Chen Ping...
Dare to have no dispute at all.
He didn't even understand what the purpose of both parties coming to the court was.
Civil courts resolve civil disputes and arbitrations, and if there are no conflicts, they generally do not go to court.
"Boom-"
"Since both parties have no objections, the determination of this lottery dispute case is quite clear."
He struck the gavel again, and spoke in a deep voice.
Civil litigation is different from criminal litigation.
The criminal procedure is suspected of committing a crime, and there is an extra final statement link to protect the personal rights of the defendant.
And civil suits...
There is no such link.
Next, it is directly the link of the collegial panel to discuss and judge.
The session is private and will take place in a conference room at the rear of the courtroom.
The final judgment is determined by voting for the minority to obey the majority.
"Do you have anything to add to this case?"
before an adjournment was announced.
He looked at the plaintiff and the dock, and asked routinely.
"we do not have."
Seeing this, Chen Ping showed joy, and rushed to answer.
This is tantamount to declaring...
This civil lawsuit is about to be sentenced.
only……
As soon as he finished speaking, Qin Mu stood up: "I have!"
"Judge, judges, regarding this case, I want to prosecute two more charges."
above the court.
The judge and several other judges exchanged glances.
charges!
These two words have directly risen to the criminal level.
Civil lawsuits, mainly torts and various arbitrations, have no criminal liability.
But the charge is different.
In terms of procedure, it is also allowed to transfer a civil lawsuit to a criminal lawsuit.
In many cases in previous years, there were often lawsuits in the name, and the judicial precedent of criminal prosecution was suddenly added.
"The defendants, Fang Chenping and Xie Lianqing, not only corrupted my first prize lottery ticket, they also corrupted all the winning lottery tickets I bought online at the lottery shop in the past thirteen days, and lied about not winning."
"The two illegally occupied the lottery ticket many times, took it as their own, and did not return it."
"I want to sue them for embezzlement!"
"In addition, there is bill fraud..."
Qin Mu then opened his mouth and stated the two charges.
About these...
He still learned from the investigation and evidence collection of the procuratorate.
Since I added the lucky value, I basically won the prize for every bet.
The last one also has the sixth prize.
Another time the second prize won 27.
"Based on the above, I apply to the court to deal with it fairly, so that the two people will be punished as they should be, and it will demonstrate the solemnity of the criminal law!"
Subsequently.
He reworked his claim again.
Chen Ping and Xie Lianqing were required to return 727 million bonuses, and another 17 yuan for mental damage, lost wages, and nutrition.
The voice just fell.
in the dock.
Xie Lianqing couldn't sit still for a while, stood up and retorted: "This is a court, don't open your mouth like a lion!"
"Your first prize and second prize, etc., do you think there is no tax deduction?"
"You have to pay 20% of the personal tax, and we will pay you all the money we received. Aren't you extorting people?"
"In court, I can sue you for extortion!"
Just now.
He was in the dock and heard Qin Mu's new series of lawsuits.
The previous charges were subconsciously ignored by him, and what concerned him the most was the return of bonuses and compensation.
The bonus of 700 million, when he redeemed the prize, he paid 140 million in taxes.
Plus the previous second prize.
zero zero total total...
Anyway, it is impossible to exceed 600 million!
But Qin Mu opened his mouth like a lion and said a pre-tax bonus!
"shut up!"
When Chen Ping saw his brother-in-law's reaction, his expression sank again.
He knows the law...
For the time being, I have not been entangled in the issue of pre-tax and post-tax return of bonuses.
Now his mind is full of the two crimes Qin Mu mentioned.
As his senior brother expected, even if the other party did not have a lawyer, they had accurately found out these two charges.
"Brother-in-law, don't stop me, if you lose the lawsuit, you lose, but we can't suffer in vain!"
Xie Lian was light but extremely angry.
Continuing to argue with reason, glaring at Qin Mu: "We admit that we have falsely claimed your bonus, but we can't be too shameless, and it's not enough to return it all to you. You still want the lion to speak up?"
Plaintiffs.
Qin Mu looked at Xie Lianqing, and said calmly, "Isn't the first prize worth 700 million before the prize is redeemed?"
Xie Lian was slightly taken aback, then nodded.
"Is it a lottery ticket worth 700 million and two yuan that you embezzled?"
Xie Lian swallowed lightly.
"Is there any problem with my request for the return of 700 million? I will save you the change of two dollars."
Qin Mu opened his mouth lightly, and continued.
Xie Lianqing was so angry that she opened her mouth, but didn't know how to refute for a long time.
Intuition tells him...
What Qin Mu said was all nonsense.
But he really couldn't find a way to refute it.
"quiet!"
And in court.
After seeing the escalation of the case, the judge briefly discussed with the rest of the judges.
It was also decided to escalate the case.
The case will be reopened.
Judging from the current situation, the charges Qin Mu sued...
There are indeed corresponding criminal facts.
"Boom-"
The gavel sounded.
"Now, because the case is more complicated, after the collegial panel deliberated, the criminal trial will continue!"
The whole case was upgraded to a criminal case in court.
Seeing this, Chen Ping's face paled instantly.
The last thing he wanted to see had finally happened.
other side……
Didn't mean to let them go at all.
These two charges are both criminal offenses, but one is a crime of private prosecution and the other is a crime of public prosecution.
No one has yet charged them.
Logically speaking, they only need to bear civil tort liability.
But Qin Mu was the first to point out...
The consequences will be extremely serious!
"Brother-in-law, what's wrong with your face?"
Xie Lianqing didn't realize the seriousness of the problem, so she couldn't help but say.
Chen Ping gave him a hard look.
He said angrily: "Please, don't talk later!"
Done.
Turning around, looking at Zhang Wei behind him, he said, "Brother, I'll leave it to you later."
Zhang Wei nodded: "Don't worry, this is an area I am familiar with."
In the previous civil litigation link, he paddled the whole way.
but now……
He held his head high and his chest high, in high spirits.
It seems to have returned to a familiar battlefield.
……
four hours later.
in court.
After a heated defense session, both sides made their final presentations.
The judge immediately announced a temporary adjournment.
He led the rest of the judges into the collegial panel meeting room at the rear of the court.
"Brother Zhang, are you sure? How many years do we have to be sentenced?"
Chen Ping swallowed.
His face was full of uneasiness and anxiety.
In this link, he followed Zhang Wei's instructions throughout.
Nothing goes wrong.
as a law graduate.
Many years ago, he learned about the relevant procedures of criminal trials in law classes.
totally unexpected……
One day, the criminal trial actually happened to him.
And Xie Lianqing, who was next to him, finally realized the problem.
I was paralyzed with fright.
He also looked at Zhang Wei nervously.
"Judging by your performance..."
Zhang Wei took a deep breath.
Combined with his own experience, he gave a guess sentence: "It should be within 15 years."
"Year 15?"
When Chen Ping and Xie Lianqing heard the words, they felt that their eyes went dark.
The whole world seemed to lose all color.
After half an hour.
The trial continues.
After the collegial panel discussed, the judge announced the judgment of the case.
"This court believes that the defendants, Chen Ping and Xie Lianqing, attempted to embezzle lottery tickets with clear intentions, conclusive actions, sufficient chain of evidence, and clear facts, violating Article 270 of the Criminal Law and committing the crime of embezzlement.
Chen Ping was sentenced to three years and six months in prison according to the law; Xie Lian was sentenced to three years in prison.
After embezzling the lottery ticket, the two changed the owner of the lottery ticket and falsely claimed the bonus at the lottery center.
Chen Ping was sentenced to 11 years in prison according to law; Xie Lian was sentenced to 11 years in prison according to law.
In accordance with the principle of concurrent punishment for several crimes, Chen Ping was sentenced to 14 years and six months in prison, and Xie Lian was sentenced to 14 years in light imprisonment, and a bonus of 727 million yuan was returned to the plaintiff, Qin Mu, and civil compensation totaled 8 yuan.
Within [-] days, if you are not satisfied with this judgment, you may apply for a second instance, or appeal to the higher court. "
The solemn voice echoed in the court.
And in the dock.
After hearing the verdict, Chen Ping and the other two slumped down in the dock.
Feeling weak.
It just feels like the future is gloomy.
"No, no, why is it still 727 million?"
Xie Lian shook his head frantically, still struggling with the amount of compensation.
"I don't agree!"
"We have to pay taxes on the prize money. Even if we didn't take it, if he went to the lottery center to redeem the prize, he still wouldn't get 727 million..."
He raised his head abruptly and questioned the judge and judges.
He did not know about the criminal sentence.
But they were sentenced to return the 727 million bonus...
All of a sudden, his mentality completely collapsed.
It's like saying...
In this incident, not only did he not get any money, but he also had to pay 8 yuan in compensation, plus more than 140 million yuan in taxes!
"That's right, what is legally recognized is the current value of the embezzled property."
aside.
Zhang Wei looked at Xie Lianqing, who had an explosive mentality and didn't understand the law, and patiently explained: "When your embezzlement happened, the cumulative value of the lottery ticket was 727 million yuan."
"The other party asked you to pay 727 million yuan in compensation, which is not legally wrong."
After Xie Lian listened lightly, he was completely dumbfounded.
This logic, it seems, is this logic.
But he couldn't accept it at all!
As we all know, the lottery requires payment of personal income.
After deducting personal income, the actual value of the lottery ticket.
But now...
With this judgment, not only will he go to jail, but he will also have to help others pay more than 140 million in taxes!
Stealing chickens is not enough to turn back a lot of rice, losing his wife and losing his army, it seems that he is the one who is talking about it!
……
outside the courthouse.
Qin Mu, who received the verdict, walked out.
Behind him, followed by a group of old people who were discussing the case intensely.
"Today's lawsuit is interesting, and it's finally over!"
"The other party is too cooperative and not rebellious at all. I still like the couple in the previous case."
"Speaking of it, it's Xiao Qin who has the courage to ask the other party to return 727 million. It's shameless. I like it!"
"By the way, Xiao Qin, you won so many prizes this time, do you want to invite us old men to a five-star hotel for dinner?"
"..."
Zhang Qingyuan, Li Weiguo, Song Tiancheng and other old people chatted while walking.
enraptured.
Sitting in the gallery, they witnessed the whole process of the trial.
I opened my eyes again.
This is much more interesting than their usual boring entertainment in the nursing home.
And Qin Mu listened to the discussion and exchange of people, and several black lines appeared on his face.
God is so shameless.
He was clearly following the rules.
Before his lottery ticket was embezzled, what he lost was a bonus worth 727 million.
There is nothing wrong with that.
The problem is...
Chen Ping, Xie Lianqing and the others went to claim the prize!
When redeeming the prize, the lottery center is responsible for paying the individual tax, so what they get is before and after the tax is deducted.
Of course, he received the lottery prize by himself, and he also needs to deduct taxes, so the actual income is also the same.
But the law is dead.
The judged lottery value cannot be after tax.
and so……
He asked for the return of the pre-tax 727 million demands, which is extremely legitimate!
The court allowed it too!
This is a small loophole within the rules, which falls under the fair use rules.
and……
Because the 727 million bonus is an act of restitution, and it belongs to him.
When the other party redeemed the prize, the tax had already been deducted once.
It can no longer be double taxed.
That is to say...
Chen Ping and Xie Lianqing had to pay out of their own pockets to help him make up for the tax money!
After finishing the lawsuit this time, his bonus is equivalent to a tax-free one!
These……
It sounds outrageous though.
But they are all within the scope permitted by the rules of the law.
Among them, the "loss" caused by this bonus will be borne by the trespasser.
"Finally solved the trouble."
After finishing this tricky case, Qin Mu stretched himself.
With Zhang Qingyuan and other old people...
returned to the nursing home.
As soon as he returned to the nursing home, he received a message from Qing Lan.
"up what are you up to these days?"
these days.
Except for the live broadcast, Qing Lan sent him messages without a word when she was free.
And he replied without saying a word.
For Qing Lan, he appreciates her character more.
Although she has good looks, she doesn't have the temper of a young lady and is approachable.
It can be seen from the fact that she is bullied by fans every day.
"Just finished a lawsuit."
Qin Mu thought for a while, and replied a few words directly.
"Good guy! Up, are you living in court? It feels like you are either in a lawsuit or on the way to a lawsuit!"
After ten seconds.
Qing Lan replied with a line of text, followed by a shocked emoji.
Qin Mu smiled.
Did not reply to her again.
This is not what he wants.
At that time, he found a lottery shop. If the other party was willing to return the lottery ticket, the matter would not be brought to court.
And a few minutes later.
Seeing that he didn't return, Qing Lan took the initiative to say: "Up has good news for you! I bought my new house!"
Across the screen.
There was an unconcealable joy.
After Qin Mu saw it.
He simply replied with two words: "Congratulations."
More than a month has passed since Qinglan's house cracked.
After waiting for so long, the compensation finally came down.
She also solved the problem of living in the house, and she no longer has to live in a hotel.
"By the way, I'll go back to Jincheng to visit my grandfather in two days. I'll listen to you and spend more time with the old man at home. I'll treat you to dinner then."
Soon.
Qing Lan sent another message.
Qin Mu's eyes lit up, and he typed back: "I have a few friends, can I invite them together then?"
This time, Lao Zhang and the others clamored for him to treat him.
He also said that this time he said that he would not go to the food stall next door.
And it happened that Qing Lan wanted to treat her.
"Of course, how many friends do you have?"
Without even thinking about it, Qing Lan agreed directly.
Qin Mu quickly stood up and counted the number of people in the nursing home.
Replied: "Not many, just 27."
Qing Lan: "..."
……
That night.
Shanshui Garden District.
After get off work, Qin Mu had a meal in the canteen of the nursing home.
Straight back home.
Not long after returning home, the system sounded quietly.
"Ding! Congratulations to the host, you have completed this task, and the task completion rate is 100%."
Hearing this voice, Qin Mu was extremely excited.
It finally appeared!
After the lawsuit ended today, he has been waiting for the settlement of the system.
I almost thought that my task was not completed.
Fortunately, although this task is difficult, the task completion rate has reached 100%.
The reason for not reaching 150%...
The high probability is that Chen Ping and Xie Lianqing successfully got their sentences reduced and did not reach the maximum punishment.
"If it's 100%, I wonder if I can get rare rewards?"
Qin Mu murmured.
With some anticipation, I waited patiently.
"Ding! Now the task is settled, congratulations to the host, and you will get a random rare reward [Void Finding Enemy] skill."
"[Void Finding Enemy] skill: Any information left by the opponent on the network can automatically display the specific IP address, accurate to the home."
Followed by.
A skill to be learned appeared in his backpack on the system panel.
"Finding enemies in the void?"
Looking at this skill, Qin Mu couldn't help taking a deep breath.
This is simply magic!
In modern society, everyone speaks on the Internet.
And this skill...
It can be traced directly to the specific location of the other party.
If he meets a criminal, he doesn't have to scare him to the police station like he did at the beginning.
and.
In the future, if you encounter a troll while playing games, you can directly reveal the other party's home address, which will definitely make the other party have three days of nightmares!
This skill is the most practical besides the [Photographic Memory] skill.
I will meet internet trolls later...
When you prove yourself, you can submit the other party's home address by the way.
It saves the time of the procuratorate searching for evidence.
Can speed up case handling efficiency.
Subsequently.
Qin Mu opened a website and found the comment section under his video.
Activated the [Void Searching Enemy] skill.
On those "weather is very good" comments, a line of IP addresses accurately specific to a certain household in a certain community immediately appeared!
Incredibly powerful!
"As expected of a rare reward, it's much better than pure luck..."
Qin Mu couldn't help but sigh with emotion.
At present, in his opinion, the biggest benefit of luck is...
Just to help him get rich.
But after reviving his life, his desire for money is not that great.
He is actually very satisfied with the present day.
There is a group of year-end friends.
Work with ease every day.
Still have nothing to do to enjoy life.
Occasionally, if you win a prize of several million, you can get by.
"It's time to make a video."
After figuring out the [Void Finding Enemy] skill.
Qin Mu walked into the study and began to record the video of this issue as usual.
Lest this year's netizens...
He also came up with all kinds of strange ways to remind people.
The cause of this incident was indeed that he gave the opportunity.
But it also reacted sideways...
Human nature cannot stand the test.
"Hi everyone, long time no see."
towards the camera.
Qin Mu first said hello briefly, and then went straight to the topic: "This video, I will start with the lottery ticket purchased by up a few days ago..."
He first briefly described his "wrong" operation of buying lottery tickets.
A classic rethinks.
At the same time, he told about the actions of Chen Ping and Xie Lianqing, as well as the futility of his own report.
"In daily life, I believe everyone has many such experiences."
"After reporting the case, my appeal has not been resolved."
"Actually, the main reason is that the way of reporting the crime was wrong."
Followed by.
Qin Mu focused on analyzing the reasons why this report was useless.
Before there is conclusive evidence of the crime, only relying on disputes...
It is not filed at all.
Therefore, if you want to effectively protect your rights and interests, you must make sufficient preparations and collect complete information and evidence.
"In contrast, the court is the place suitable for civil litigation. As long as you have a corresponding dispute, if you cannot find all the evidence yourself, you can apply to the procuratorate for help in obtaining evidence."
And then later.
Qin Mu explained in detail the procuratorate's obligation to collect evidence and the relevant rules involving the public industry.
If not for this...
It is impossible for him to obtain so much evidence.
In civil litigation, it is absolutely impossible to win.
If it is a simple civil lawsuit, both parties present their own evidence and cross-examine each other.
He relied on empty words and was completely useless in convincing.
"Finally, after a civil to criminal trial, the case was gradually settled."
Facing the camera.
Qin Mu described the final trial results of the case.
of course.
In addition to the other party's punishment of fixed-term imprisonment, it also focused on explaining the reasons for not paying taxes.
According to the law, this money does not need to be taxed repeatedly.
But the compensation of 8 yuan...
Need to pay personal income tax.
According to the relevant regulations, except for the state compensation, the rest of the litigation compensation needs to pay the corresponding type of tax.
However, 727 million belongs to the retroactive property, which has already been taxed, so there is no need to levy it again.
"Here is a final piece of advice to everyone, especially those who study the Fa."
The video is at the end.
Qin Mu earnestly advised: "Study the law first, learn morality, know the law and understand the law, you should abide by the law, don't become a lawless fanatic, and don't take advantage of the loopholes and ambiguities of the law to become a scumbag."
this incident.
He deeply realized the horror of knowing the law.
The other party was in court, calling Zhang Wei senior brother over and over again.
Apparently he also studied the Fa.
Because of this, it caused him a lot of trouble.
If it weren't for the other party's half-baked, leaving too many loopholes...
His lawsuit is really not easy to fight.
It's still like this for a half-baked guy.
Those who are proficient in the law will be more terrible than anyone when they endanger society.
Because of the law...
It is no longer possible to sanction them.
And the conscience that can sanction them is probably gone.
Sorry for the late chapter.
(End of this chapter)
This lawsuit...
Seemingly civil.
But it may escalate into a criminal case at any time!
By comparison.
Civil is just an appetizer, and criminal is the highlight!
And the top of the court.
The judge did not expect this civil dispute to end so quickly.
I froze for a while.
He has tried hundreds of civil dispute cases, each of which was quarreled in court.
Stick to one word.
No one can convince anyone.
In some cases, it is even difficult for the collegial panel to decide.
In criminal cases, it is only necessary to establish the facts of the crime.
But civil...
But it has multiple complexities of human nature, morality, ethics, and law.
All aspects need to be considered.
Some people who are in court, even parents and brothers, are close relatives by blood.
As the saying goes, it is difficult for an upright official to break up housework.
For this kind of event...
The collegial panel is sometimes a headache.
And this case...
Originally a lottery dispute, it is also a very complicated civil case.
A lottery dispute involving both parties.
He had thought that the two sides would argue for at least a few hours.
Unexpectedly, the defendant admitted the ownership of the lottery ticket so quickly.
And the heart of the case...
It's a dispute over the first prize.
The content of Qin Mu's lawsuit is also to determine the ownership of the first prize and the fourth prize.
Now it's like saying...
As soon as the court session started, the civil case was over.
However, the necessary process still needs to be followed.
"Boom-"
The judge struck the gavel and said in a deep voice, "Next, let's enter the cross-examination session."
Followed by.
Qin Mu listed many backup evidence provided by the procuratorate and displayed them in court.
The whole case was videotaped and the trial was open to the public.
Showcase the evidence...
It is also to let the public outside the court see the fairness of this case.
"Does the defendant have any objections?"
Whenever Qin Mu presented a piece of evidence, the judge looked at Chen Ping and Xie Lianqing.
"No."
Chen Ping clenched his teeth, not daring to deny anything.
Only when you understand the law can you know that the law is strict.
There's nothing terrible about it in hindsight without offense.
But once violated...
Only then did I know where its high voltage is, and there are red lines inside the law.
There's no point in arguing any longer.
It's better to show a good attitude of repentance, according to what Brother Zhang said...
Fight for a reduced sentence.
"Does the defendant have any objections?"
"No."
"Does the defendant have any objections?"
"No."
"Does the defendant have any objections?"
"No."
The most complicated cross-examination session in court ended in less than 10 minutes.
The judge took a deep breath.
Then he said: "Now enter the debate, the lawyers of both sides... the plaintiff and the defendant can start the debate."
This time the plaintiff here...
No lawyer was hired.
Therefore, in this debate, only the plaintiff can appear in person.
This link is mainly for the lawyers of both parties to advocate their own rights and interests as much as possible within the scope of the law.
Strive for the approval of the collegial panel.
however……
He just finished.
Lawyer Zhang Wei in the dock stood up directly: "Our client has already admitted the fact that he lied about the wrong ticket. There is no dispute in this case. I have nothing to say."
He directly gave up his claim of rights and interests and admitted his own infringement.
Thus……
Qin Mu didn't even need to speak, the debate was over.
Judge:"……"
Watching the scene in court.
He was suddenly speechless.
This was the first time he had seen such a peaceful civil court.
In this position yesterday, both the plaintiff and the defendant were almost beaten to death, but luckily they were stopped by the judicial police in time.
As for Qin Mu and Chen Ping...
Dare to have no dispute at all.
He didn't even understand what the purpose of both parties coming to the court was.
Civil courts resolve civil disputes and arbitrations, and if there are no conflicts, they generally do not go to court.
"Boom-"
"Since both parties have no objections, the determination of this lottery dispute case is quite clear."
He struck the gavel again, and spoke in a deep voice.
Civil litigation is different from criminal litigation.
The criminal procedure is suspected of committing a crime, and there is an extra final statement link to protect the personal rights of the defendant.
And civil suits...
There is no such link.
Next, it is directly the link of the collegial panel to discuss and judge.
The session is private and will take place in a conference room at the rear of the courtroom.
The final judgment is determined by voting for the minority to obey the majority.
"Do you have anything to add to this case?"
before an adjournment was announced.
He looked at the plaintiff and the dock, and asked routinely.
"we do not have."
Seeing this, Chen Ping showed joy, and rushed to answer.
This is tantamount to declaring...
This civil lawsuit is about to be sentenced.
only……
As soon as he finished speaking, Qin Mu stood up: "I have!"
"Judge, judges, regarding this case, I want to prosecute two more charges."
above the court.
The judge and several other judges exchanged glances.
charges!
These two words have directly risen to the criminal level.
Civil lawsuits, mainly torts and various arbitrations, have no criminal liability.
But the charge is different.
In terms of procedure, it is also allowed to transfer a civil lawsuit to a criminal lawsuit.
In many cases in previous years, there were often lawsuits in the name, and the judicial precedent of criminal prosecution was suddenly added.
"The defendants, Fang Chenping and Xie Lianqing, not only corrupted my first prize lottery ticket, they also corrupted all the winning lottery tickets I bought online at the lottery shop in the past thirteen days, and lied about not winning."
"The two illegally occupied the lottery ticket many times, took it as their own, and did not return it."
"I want to sue them for embezzlement!"
"In addition, there is bill fraud..."
Qin Mu then opened his mouth and stated the two charges.
About these...
He still learned from the investigation and evidence collection of the procuratorate.
Since I added the lucky value, I basically won the prize for every bet.
The last one also has the sixth prize.
Another time the second prize won 27.
"Based on the above, I apply to the court to deal with it fairly, so that the two people will be punished as they should be, and it will demonstrate the solemnity of the criminal law!"
Subsequently.
He reworked his claim again.
Chen Ping and Xie Lianqing were required to return 727 million bonuses, and another 17 yuan for mental damage, lost wages, and nutrition.
The voice just fell.
in the dock.
Xie Lianqing couldn't sit still for a while, stood up and retorted: "This is a court, don't open your mouth like a lion!"
"Your first prize and second prize, etc., do you think there is no tax deduction?"
"You have to pay 20% of the personal tax, and we will pay you all the money we received. Aren't you extorting people?"
"In court, I can sue you for extortion!"
Just now.
He was in the dock and heard Qin Mu's new series of lawsuits.
The previous charges were subconsciously ignored by him, and what concerned him the most was the return of bonuses and compensation.
The bonus of 700 million, when he redeemed the prize, he paid 140 million in taxes.
Plus the previous second prize.
zero zero total total...
Anyway, it is impossible to exceed 600 million!
But Qin Mu opened his mouth like a lion and said a pre-tax bonus!
"shut up!"
When Chen Ping saw his brother-in-law's reaction, his expression sank again.
He knows the law...
For the time being, I have not been entangled in the issue of pre-tax and post-tax return of bonuses.
Now his mind is full of the two crimes Qin Mu mentioned.
As his senior brother expected, even if the other party did not have a lawyer, they had accurately found out these two charges.
"Brother-in-law, don't stop me, if you lose the lawsuit, you lose, but we can't suffer in vain!"
Xie Lian was light but extremely angry.
Continuing to argue with reason, glaring at Qin Mu: "We admit that we have falsely claimed your bonus, but we can't be too shameless, and it's not enough to return it all to you. You still want the lion to speak up?"
Plaintiffs.
Qin Mu looked at Xie Lianqing, and said calmly, "Isn't the first prize worth 700 million before the prize is redeemed?"
Xie Lian was slightly taken aback, then nodded.
"Is it a lottery ticket worth 700 million and two yuan that you embezzled?"
Xie Lian swallowed lightly.
"Is there any problem with my request for the return of 700 million? I will save you the change of two dollars."
Qin Mu opened his mouth lightly, and continued.
Xie Lianqing was so angry that she opened her mouth, but didn't know how to refute for a long time.
Intuition tells him...
What Qin Mu said was all nonsense.
But he really couldn't find a way to refute it.
"quiet!"
And in court.
After seeing the escalation of the case, the judge briefly discussed with the rest of the judges.
It was also decided to escalate the case.
The case will be reopened.
Judging from the current situation, the charges Qin Mu sued...
There are indeed corresponding criminal facts.
"Boom-"
The gavel sounded.
"Now, because the case is more complicated, after the collegial panel deliberated, the criminal trial will continue!"
The whole case was upgraded to a criminal case in court.
Seeing this, Chen Ping's face paled instantly.
The last thing he wanted to see had finally happened.
other side……
Didn't mean to let them go at all.
These two charges are both criminal offenses, but one is a crime of private prosecution and the other is a crime of public prosecution.
No one has yet charged them.
Logically speaking, they only need to bear civil tort liability.
But Qin Mu was the first to point out...
The consequences will be extremely serious!
"Brother-in-law, what's wrong with your face?"
Xie Lianqing didn't realize the seriousness of the problem, so she couldn't help but say.
Chen Ping gave him a hard look.
He said angrily: "Please, don't talk later!"
Done.
Turning around, looking at Zhang Wei behind him, he said, "Brother, I'll leave it to you later."
Zhang Wei nodded: "Don't worry, this is an area I am familiar with."
In the previous civil litigation link, he paddled the whole way.
but now……
He held his head high and his chest high, in high spirits.
It seems to have returned to a familiar battlefield.
……
four hours later.
in court.
After a heated defense session, both sides made their final presentations.
The judge immediately announced a temporary adjournment.
He led the rest of the judges into the collegial panel meeting room at the rear of the court.
"Brother Zhang, are you sure? How many years do we have to be sentenced?"
Chen Ping swallowed.
His face was full of uneasiness and anxiety.
In this link, he followed Zhang Wei's instructions throughout.
Nothing goes wrong.
as a law graduate.
Many years ago, he learned about the relevant procedures of criminal trials in law classes.
totally unexpected……
One day, the criminal trial actually happened to him.
And Xie Lianqing, who was next to him, finally realized the problem.
I was paralyzed with fright.
He also looked at Zhang Wei nervously.
"Judging by your performance..."
Zhang Wei took a deep breath.
Combined with his own experience, he gave a guess sentence: "It should be within 15 years."
"Year 15?"
When Chen Ping and Xie Lianqing heard the words, they felt that their eyes went dark.
The whole world seemed to lose all color.
After half an hour.
The trial continues.
After the collegial panel discussed, the judge announced the judgment of the case.
"This court believes that the defendants, Chen Ping and Xie Lianqing, attempted to embezzle lottery tickets with clear intentions, conclusive actions, sufficient chain of evidence, and clear facts, violating Article 270 of the Criminal Law and committing the crime of embezzlement.
Chen Ping was sentenced to three years and six months in prison according to the law; Xie Lian was sentenced to three years in prison.
After embezzling the lottery ticket, the two changed the owner of the lottery ticket and falsely claimed the bonus at the lottery center.
Chen Ping was sentenced to 11 years in prison according to law; Xie Lian was sentenced to 11 years in prison according to law.
In accordance with the principle of concurrent punishment for several crimes, Chen Ping was sentenced to 14 years and six months in prison, and Xie Lian was sentenced to 14 years in light imprisonment, and a bonus of 727 million yuan was returned to the plaintiff, Qin Mu, and civil compensation totaled 8 yuan.
Within [-] days, if you are not satisfied with this judgment, you may apply for a second instance, or appeal to the higher court. "
The solemn voice echoed in the court.
And in the dock.
After hearing the verdict, Chen Ping and the other two slumped down in the dock.
Feeling weak.
It just feels like the future is gloomy.
"No, no, why is it still 727 million?"
Xie Lian shook his head frantically, still struggling with the amount of compensation.
"I don't agree!"
"We have to pay taxes on the prize money. Even if we didn't take it, if he went to the lottery center to redeem the prize, he still wouldn't get 727 million..."
He raised his head abruptly and questioned the judge and judges.
He did not know about the criminal sentence.
But they were sentenced to return the 727 million bonus...
All of a sudden, his mentality completely collapsed.
It's like saying...
In this incident, not only did he not get any money, but he also had to pay 8 yuan in compensation, plus more than 140 million yuan in taxes!
"That's right, what is legally recognized is the current value of the embezzled property."
aside.
Zhang Wei looked at Xie Lianqing, who had an explosive mentality and didn't understand the law, and patiently explained: "When your embezzlement happened, the cumulative value of the lottery ticket was 727 million yuan."
"The other party asked you to pay 727 million yuan in compensation, which is not legally wrong."
After Xie Lian listened lightly, he was completely dumbfounded.
This logic, it seems, is this logic.
But he couldn't accept it at all!
As we all know, the lottery requires payment of personal income.
After deducting personal income, the actual value of the lottery ticket.
But now...
With this judgment, not only will he go to jail, but he will also have to help others pay more than 140 million in taxes!
Stealing chickens is not enough to turn back a lot of rice, losing his wife and losing his army, it seems that he is the one who is talking about it!
……
outside the courthouse.
Qin Mu, who received the verdict, walked out.
Behind him, followed by a group of old people who were discussing the case intensely.
"Today's lawsuit is interesting, and it's finally over!"
"The other party is too cooperative and not rebellious at all. I still like the couple in the previous case."
"Speaking of it, it's Xiao Qin who has the courage to ask the other party to return 727 million. It's shameless. I like it!"
"By the way, Xiao Qin, you won so many prizes this time, do you want to invite us old men to a five-star hotel for dinner?"
"..."
Zhang Qingyuan, Li Weiguo, Song Tiancheng and other old people chatted while walking.
enraptured.
Sitting in the gallery, they witnessed the whole process of the trial.
I opened my eyes again.
This is much more interesting than their usual boring entertainment in the nursing home.
And Qin Mu listened to the discussion and exchange of people, and several black lines appeared on his face.
God is so shameless.
He was clearly following the rules.
Before his lottery ticket was embezzled, what he lost was a bonus worth 727 million.
There is nothing wrong with that.
The problem is...
Chen Ping, Xie Lianqing and the others went to claim the prize!
When redeeming the prize, the lottery center is responsible for paying the individual tax, so what they get is before and after the tax is deducted.
Of course, he received the lottery prize by himself, and he also needs to deduct taxes, so the actual income is also the same.
But the law is dead.
The judged lottery value cannot be after tax.
and so……
He asked for the return of the pre-tax 727 million demands, which is extremely legitimate!
The court allowed it too!
This is a small loophole within the rules, which falls under the fair use rules.
and……
Because the 727 million bonus is an act of restitution, and it belongs to him.
When the other party redeemed the prize, the tax had already been deducted once.
It can no longer be double taxed.
That is to say...
Chen Ping and Xie Lianqing had to pay out of their own pockets to help him make up for the tax money!
After finishing the lawsuit this time, his bonus is equivalent to a tax-free one!
These……
It sounds outrageous though.
But they are all within the scope permitted by the rules of the law.
Among them, the "loss" caused by this bonus will be borne by the trespasser.
"Finally solved the trouble."
After finishing this tricky case, Qin Mu stretched himself.
With Zhang Qingyuan and other old people...
returned to the nursing home.
As soon as he returned to the nursing home, he received a message from Qing Lan.
"up what are you up to these days?"
these days.
Except for the live broadcast, Qing Lan sent him messages without a word when she was free.
And he replied without saying a word.
For Qing Lan, he appreciates her character more.
Although she has good looks, she doesn't have the temper of a young lady and is approachable.
It can be seen from the fact that she is bullied by fans every day.
"Just finished a lawsuit."
Qin Mu thought for a while, and replied a few words directly.
"Good guy! Up, are you living in court? It feels like you are either in a lawsuit or on the way to a lawsuit!"
After ten seconds.
Qing Lan replied with a line of text, followed by a shocked emoji.
Qin Mu smiled.
Did not reply to her again.
This is not what he wants.
At that time, he found a lottery shop. If the other party was willing to return the lottery ticket, the matter would not be brought to court.
And a few minutes later.
Seeing that he didn't return, Qing Lan took the initiative to say: "Up has good news for you! I bought my new house!"
Across the screen.
There was an unconcealable joy.
After Qin Mu saw it.
He simply replied with two words: "Congratulations."
More than a month has passed since Qinglan's house cracked.
After waiting for so long, the compensation finally came down.
She also solved the problem of living in the house, and she no longer has to live in a hotel.
"By the way, I'll go back to Jincheng to visit my grandfather in two days. I'll listen to you and spend more time with the old man at home. I'll treat you to dinner then."
Soon.
Qing Lan sent another message.
Qin Mu's eyes lit up, and he typed back: "I have a few friends, can I invite them together then?"
This time, Lao Zhang and the others clamored for him to treat him.
He also said that this time he said that he would not go to the food stall next door.
And it happened that Qing Lan wanted to treat her.
"Of course, how many friends do you have?"
Without even thinking about it, Qing Lan agreed directly.
Qin Mu quickly stood up and counted the number of people in the nursing home.
Replied: "Not many, just 27."
Qing Lan: "..."
……
That night.
Shanshui Garden District.
After get off work, Qin Mu had a meal in the canteen of the nursing home.
Straight back home.
Not long after returning home, the system sounded quietly.
"Ding! Congratulations to the host, you have completed this task, and the task completion rate is 100%."
Hearing this voice, Qin Mu was extremely excited.
It finally appeared!
After the lawsuit ended today, he has been waiting for the settlement of the system.
I almost thought that my task was not completed.
Fortunately, although this task is difficult, the task completion rate has reached 100%.
The reason for not reaching 150%...
The high probability is that Chen Ping and Xie Lianqing successfully got their sentences reduced and did not reach the maximum punishment.
"If it's 100%, I wonder if I can get rare rewards?"
Qin Mu murmured.
With some anticipation, I waited patiently.
"Ding! Now the task is settled, congratulations to the host, and you will get a random rare reward [Void Finding Enemy] skill."
"[Void Finding Enemy] skill: Any information left by the opponent on the network can automatically display the specific IP address, accurate to the home."
Followed by.
A skill to be learned appeared in his backpack on the system panel.
"Finding enemies in the void?"
Looking at this skill, Qin Mu couldn't help taking a deep breath.
This is simply magic!
In modern society, everyone speaks on the Internet.
And this skill...
It can be traced directly to the specific location of the other party.
If he meets a criminal, he doesn't have to scare him to the police station like he did at the beginning.
and.
In the future, if you encounter a troll while playing games, you can directly reveal the other party's home address, which will definitely make the other party have three days of nightmares!
This skill is the most practical besides the [Photographic Memory] skill.
I will meet internet trolls later...
When you prove yourself, you can submit the other party's home address by the way.
It saves the time of the procuratorate searching for evidence.
Can speed up case handling efficiency.
Subsequently.
Qin Mu opened a website and found the comment section under his video.
Activated the [Void Searching Enemy] skill.
On those "weather is very good" comments, a line of IP addresses accurately specific to a certain household in a certain community immediately appeared!
Incredibly powerful!
"As expected of a rare reward, it's much better than pure luck..."
Qin Mu couldn't help but sigh with emotion.
At present, in his opinion, the biggest benefit of luck is...
Just to help him get rich.
But after reviving his life, his desire for money is not that great.
He is actually very satisfied with the present day.
There is a group of year-end friends.
Work with ease every day.
Still have nothing to do to enjoy life.
Occasionally, if you win a prize of several million, you can get by.
"It's time to make a video."
After figuring out the [Void Finding Enemy] skill.
Qin Mu walked into the study and began to record the video of this issue as usual.
Lest this year's netizens...
He also came up with all kinds of strange ways to remind people.
The cause of this incident was indeed that he gave the opportunity.
But it also reacted sideways...
Human nature cannot stand the test.
"Hi everyone, long time no see."
towards the camera.
Qin Mu first said hello briefly, and then went straight to the topic: "This video, I will start with the lottery ticket purchased by up a few days ago..."
He first briefly described his "wrong" operation of buying lottery tickets.
A classic rethinks.
At the same time, he told about the actions of Chen Ping and Xie Lianqing, as well as the futility of his own report.
"In daily life, I believe everyone has many such experiences."
"After reporting the case, my appeal has not been resolved."
"Actually, the main reason is that the way of reporting the crime was wrong."
Followed by.
Qin Mu focused on analyzing the reasons why this report was useless.
Before there is conclusive evidence of the crime, only relying on disputes...
It is not filed at all.
Therefore, if you want to effectively protect your rights and interests, you must make sufficient preparations and collect complete information and evidence.
"In contrast, the court is the place suitable for civil litigation. As long as you have a corresponding dispute, if you cannot find all the evidence yourself, you can apply to the procuratorate for help in obtaining evidence."
And then later.
Qin Mu explained in detail the procuratorate's obligation to collect evidence and the relevant rules involving the public industry.
If not for this...
It is impossible for him to obtain so much evidence.
In civil litigation, it is absolutely impossible to win.
If it is a simple civil lawsuit, both parties present their own evidence and cross-examine each other.
He relied on empty words and was completely useless in convincing.
"Finally, after a civil to criminal trial, the case was gradually settled."
Facing the camera.
Qin Mu described the final trial results of the case.
of course.
In addition to the other party's punishment of fixed-term imprisonment, it also focused on explaining the reasons for not paying taxes.
According to the law, this money does not need to be taxed repeatedly.
But the compensation of 8 yuan...
Need to pay personal income tax.
According to the relevant regulations, except for the state compensation, the rest of the litigation compensation needs to pay the corresponding type of tax.
However, 727 million belongs to the retroactive property, which has already been taxed, so there is no need to levy it again.
"Here is a final piece of advice to everyone, especially those who study the Fa."
The video is at the end.
Qin Mu earnestly advised: "Study the law first, learn morality, know the law and understand the law, you should abide by the law, don't become a lawless fanatic, and don't take advantage of the loopholes and ambiguities of the law to become a scumbag."
this incident.
He deeply realized the horror of knowing the law.
The other party was in court, calling Zhang Wei senior brother over and over again.
Apparently he also studied the Fa.
Because of this, it caused him a lot of trouble.
If it weren't for the other party's half-baked, leaving too many loopholes...
His lawsuit is really not easy to fight.
It's still like this for a half-baked guy.
Those who are proficient in the law will be more terrible than anyone when they endanger society.
Because of the law...
It is no longer possible to sanction them.
And the conscience that can sanction them is probably gone.
Sorry for the late chapter.
(End of this chapter)
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