Chapter 27 You bring up depression? What’s the use?!
The plaintiff is suing her for fraud. If she loses the case...
Ye Fei couldn't imagine the consequences...
Not only did I lose the lawsuit, I didn’t get the legal fees, I also lost the money.
We can't... we absolutely can't continue to debate this aspect.
After Ye Fei calmed down, she quickly changed the topic in another direction.
"Lawyer Su, regarding your statement, even if the source of your evidence is legal, why do you use this evidence to conclude that we have committed fraud?"
"The definition of the crime of fraud is: the object of the infringement is the ownership of public and private property."
"The objective conditions for its formation are: objectively, it manifests itself as the use of fraudulent methods to defraud public and private property."
"The subjective condition is: direct or intentional illegal possession of public or private property."
"In this case, the plaintiff's party Zhang Tongwei and our party Xie Jing are husband and wife, and the property we request to be divided is the joint property of husband and wife. How does this constitute the crime of fraud?"
"Can joint property between husband and wife also be called private property?"
"Furthermore, our client and the plaintiff's client have already become an established fact of marriage. Why is there such a thing as fraud?"
"If Lawyer Su thinks so, then I have nothing to say."
After Ye Fei finished speaking, she looked in the direction of Su Bai.
The difficulty with the crime of marriage fraud is here. The other party has already married you, so it is impossible to determine that the other party has committed marriage fraud.
But....
Who said that the crime of fraud is the crime of marriage fraud?
When he was sued for fraud, he didn't say it was marriage fraud?
During the trial, Su Bai did not intend to establish the fact of Xie Jing's fraud from the perspective of marriage fraud.
Ye Fei's logic...is a bit flawed!
That’s not how you set the rhythm!
This is the result of not studying criminal law properly!
I was completely framed by him!
"Ahem..."
Su Bai coughed twice and looked at Ye Fei: "Has the defendant's lawyer finished speaking?"
"I have finished my statement and I would like to ask Lawyer Su to answer my questions."
Su Bai raised the corner of his mouth slightly and pulled out a piece of information: "Lawyer Ye, I'm afraid you have misunderstood me..."
Ye Fei: I misunderstood...?
Before Ye Fei could react, Su Bai continued to speak:
"What we are accusing is that Xie Jing and her attorney, Lawyer Ye, committed fraud against our client."
"Lawyer Ye is right about the conditions for the crime of fraud. The objective manifestation is fraud and concealment, and the subjective manifestation is direct intentional purpose."
"In this case, Xie Jing and we have completed an established de facto marriage, which is certified by the law. We have not denied it. We have also not denied it in terms of joint property."
"What we have always emphasized is that Xie Jing and Lawyer Ye committed fraud against our client."
"First of all, regarding the issue of common property, based on the evidence submitted by the defendant, the court requested the division of our client's property. The court did not make a determination. The current property is still the private property of our client in a legal sense."
"Let's take a look at the evidence we submitted first."
"The evidence shows that Lawyer Ye has lured his fan group and taught them the purpose of dividing common property. Xie Jing is a fan of Lawyer Ye. Is this an established fact?"
"And based on the evidence submitted by the defendant for the division of property, it was shown that the evidence submitted by Xie Jing for the division of our client's private property was a letter of guarantee signed by us, and he sued us based on the contents of the letter of guarantee."<
/p>
"Among them, Lawyer Ye's methods of inducement include this: You can ask your husband to sign a guarantee. No matter what method is used, as long as he writes the guarantee or the content of the gift, then the division can be done.
The man’s private property before marriage.”
"Is this an attempt to divide our client's pre-marital private property through unfair means?"
"Now, the lawsuit filed by the defendant also requires the division of our client's pre-marital property. This shows that the other party's subjective intention is to possess our client's private property!"
"Isn't this a scam?"
"Presiding judge, I would like to apply for our client to supplement it."
Dong dong dong.
The presiding judge banged the gavel.
"If the application is approved, the plaintiff party can make supplements to it."
In the plaintiff's seat, Zhang Tongwei had long been prepared to tell how miserable his married life was.
At this time, Su Bai whispered a reminder.
"Keep restraint, don't say bad words... a sure win."
Zhang Tongwei nodded solemnly:
"Presiding judge, when the defendant, that is, Xie Jing, asked me to write a letter of guarantee and make a donation, I was extremely reluctant."
"But...but the other party, in order to achieve her inner goal, forced me!"
"She also said that if I didn't write it, she would not feel safe and would divorce me!"
"But is she really insecure?"
"My monthly salary of 20,000 yuan, of which 19,990 yuan is spent on her, and she not only verbally abused me, but also spent all the money on her own clothing and returned it to me.
My parents have a lot of pocket money."
"She also lied to me, saying she wanted to rent out a house I owned before marriage to her colleagues, but instead let her brother live in it for free. Now she wants to defraud me of my pre-marital property."
"President...this marriage is entirely benefiting the woman..."
"...."
Zhang Tongwei wanted to continue talking, but Su Bai pulled the corner of his clothes and interrupted him.
Enough said.
If you continue talking, it might be counterproductive.
On the judgment stand.
Yang Yu frowned slightly, then looked at the defendant's seat.
"Do you have anything to say about the plaintiff's accusation, the defendant's parties and the defendant's lawyer?"
On the defendant's seat.
Xie Jing couldn't help but panic when she heard what Su Bai said so clearly...
"Lawyer Ye...what should I say?"
Ye Fei can't say that she knows nothing about criminal law, she can only say that she doesn't understand it deeply, and she doesn't have a good rebuttal.
But she has a trump card!
Depression!
"Our client suffered from depression and may have mishandled the marriage relationship at that time, but the main factor that caused this was the man. We apply to reject the plaintiff's lawyer's point of view."
Depression?
You start to feel depressed when you don’t get the real estate, right?
Su Bai ignored Ye Fei's statement and asked: "
Is this depression caused by our client?
What is the cause?
Does this have any direct or indirect relationship with our accusation of you defrauding our client in this case?"
Dividing property is useful for depression.
But what I am accusing you of is fraud!
Is it possible that you are depressed because your fraud failed?!
Faced with Su Bai's repeated questions, Ye Fei panicked.
Chapter completed!