Lawyer

Chapter 233 Want to make money but become a leek
"The Higher People's Court of the Province will now open the trial of Hu Weijun's fraud case." Before the words fell, the presiding judge rang the gavel in his hand: "The appellant Hu Weijun appeared in court."

After a while, as the heavy and thick court door was opened, two bailiffs escorted Hu Weijun into the court and sat on the defendant's bench.

When the presiding judge verified the identity of the appellant and announced the composition of the collegial panel and the rights of the appellant, Fang Yi looked up at Hu Weijun. He was in good spirits, but his complexion was a little weak, and his eyes were calm.As expected of a businessman, he has experienced a lot of troubles at his age, and his mental quality is not ordinary.

"The court investigation will start now, please judge to read out the first-instance verdict." After the presiding judge's voice fell, a collegial panel judge began to read out the first-instance verdict.

Fang Yi took advantage of this effort to scan the prepared defense again.

After the judge read out the first-instance verdict, the presiding judge looked at Hu Weijun: "Next, the appellant Hu Weijun will read out the petition or state the reasons for the appeal."

"Presiding judge, I think that the court of first instance found that I fabricated facts, used forged property certificates as collateral, and defrauded other people's money when the machining factory was insolvent.

I have a private loan relationship with Feng Ping and Wei Xikui, and I have been paying loan interest for the past few years, and I ran away without borrowing money, which does not constitute a crime of fraud at all.I ask the court to find out the facts according to the law and return my innocence. "Hu Weijun read with a piece of A4 paper.

This is the reason for the appeal he wrote himself based on Fang Yi's analysis.

"Please ask the defense lawyer to publish the reasons for the appeal." The presiding judge said.

"The defender believes that the appellant Hu Weijun is not insolvent as the court of first instance found, but has a certain repayment ability, although the machine processing factory and the real estate and land under the name of Hu Weijun have been mortgaged externally, and part of the property has been mortgaged. be executed.

However, the machining factory still holds a number of intellectual property rights and has its own core technology. Last year, the factory introduced two imported equipment for processing high-precision parts. These are all valuable, and the value of the processing factory should be estimated as a whole .

In addition, in terms of the use of funds, although most of the funds borrowed by Hu Weijun were used for stock trading, stock trading is an act permitted and encouraged by the state, and it is a legal investment behavior.

It can be seen from this that Hu Weijun did not squander, transfer, or conceal the money after he borrowed the money, and the court cannot judge that Hu Weijun constituted fraud on this basis.

The presiding judge, the defense's appeal reasons have been stated. "Fang Yi said.

"Appellant Hu Weijun, do you have any objection to the facts and charges identified in the first-instance verdict?" said the presiding judge.

"I have objections. I don't agree with the charges found in the first-instance verdict. I think the facts found in the first-instance trial are unclear. My factory has a certain ability to repay the debt..." Hu Weijun talked about many reasons.It seems that he made a lot of preparations in the guard before the trial.

"The prosecutor questioned the appellant about the facts identified in the first-instance judgment," said the presiding judge.

"Appellant Hu Weijun, when you borrowed money from Feng Ping, was the machining factory still operating normally? Did you inform him of the current situation of the machining factory?" The female prosecutor sitting at the head of the public prosecutor's seat asked coldly.

"At that time, my factory's orders dropped sharply and production was half-stopped. I didn't tell Feng Ping." Hu Weijun said.

"When you borrowed money from Feng Ping, what did you say, and what was the reason for the loan?" asked the female prosecutor.

"I told him that the factory has a big order, which requires capital turnover, purchase of machinery and equipment, and payment of labor costs." Hu Weijun said.

"What did you actually use the loan that Feng Ping transferred to you?" asked the female prosecutor.

"I bought some of the equipment, and most of it was used by me to speculate in stocks." Hu Weijun said.

"There is no order from the factory, why do you still need to buy equipment?" asked the female inspector.

"At that time, the factory didn't have any orders, and Feng Ping asked to see the purchase and sales contract and the actual equipment, so I bought it." Hu Weijun said.

"You mean that the newly purchased equipment is for dealing with Feng Ping, right?" the female inspector said.

"Not exactly, these devices can be used in the future. I also consider for future business development." Hu Weijun said.

"What was the reason when you borrowed money from Wei Xikui?" The female inspector seemed a little dissatisfied with Hu Weijun's answer just now. When interrogating the case before, Hu Weijun didn't mention that the purchase of equipment was for future development, but only said that it was to deal with Feng Ping.

"Is there any collateral for Feng Ping's loan?" asked the female prosecutor.

"Yes, there is a real estate certificate for the factory building and land." Hu Weijun said.

"According to the interrogation record of the public security department, you admitted that you forged the real estate certificate in the collateral. Is it true?" asked the female prosecutor.

"It's true." Hu Weijun said.

"Have you gone through the mortgage procedures?" asked the female prosecutor.

"I can't do it, because the property in the real estate certificate I forged is a small property right house built in the village, and the housing management department can't handle the mortgage procedures, so I mortgaged the real estate certificate to Feng Ping." Hu Weijun said.

"Whose property is that small house? Is it yours?" asked the female prosecutor.

"It's not mine, it's my mother-in-law's house. It's just that we have been renting it out." Hu Weijun said.

"I told Wei Xikui that the bank loan would come down immediately, and he would repay his loan as soon as the loan was settled." Hu Weijun paused, and continued: "At that time, the bank was going to lend money, and the approval had already passed, so it was only necessary to use the collateral as a mortgage. .”

"What's the reason why the bank didn't make the loan?" the female prosecutor asked.

"Because... there is a problem with the real estate certificate of a property used for mortgage." Hu Weijun hesitated.

"What's wrong?" asked the female prosecutor.

"I forged the real estate certificate, I had it at the time..." Hu Weijun wanted to continue, but was interrupted by the female prosecutor: "Appellant Hu Weijun, you can answer whatever I ask you, and you don't need to talk about other irrelevant facts. "

"Judge, I'm done asking." The female prosecutor said.

"The defender of the appellant Hu Weijun asked questions," said the presiding judge.

Fang Yi sorted out his thoughts and asked, "Hu Weijun, the appellant, what is your real purpose for borrowing money from Feng Ping and Wei Xikui?"

"I borrowed money to maintain the operation of the factory. At that time, the factory had a lot of debts to the outside world, and the business was not doing very well." Hu Weijun said.

"Why didn't all the loan be used for the operation of the factory, but you used it for stock speculation?" Fang Yi said.

Even if Fang Yi doesn't ask this question, it will draw a question mark in the minds of the judges of the collegial panel. Rather than letting others guess, it is better to clarify it, which is more beneficial to Hu Weijun.

"I have a friend who specializes in stocks and made a lot of money. My factory has too much foreign debt, and the market is not good. Later, I found that even if all the borrowings are used for the factory, it may not be able to bring the factory back to life. And only borrowing The high interest rates can overwhelm my factory.

So I asked him to recommend some stocks for me. I used the borrowed money to speculate in stocks in order to make more money, pay the principal and interest of the loan, and keep the factory going. Unexpectedly, I was cut off. "Hu Weijun looked helpless.

(End of this chapter)