Becoming a lawyer starts with raising a Xiezhi

Chapter 315 Purpose of Unlawful Possession

Just after Niu Zhao finished speaking, Qiu Xuanxiang said: "I think he also has elements of fraud, but it's hard to say whether it constitutes fraud or not, but his breach of contract is certain. Old wolf, what do you think about this matter? Sue him, or think of other things? way?"

Qiu Xuanxiang looked at Meng Lang.

Meng Lang was thinking about this issue. In reality, it often happens that one house is sold twice. In this case, there are two possibilities. One is civil fraud, and the other is fraud. The key factor to distinguish between the two Yes, it depends on whether the seller has the intention of illegal possession. If there is intention of illegal possession, it is fraud. If not, it is civil fraud.

The case mentioned by Qiu Xuanxiang definitely involves civil fraud, but whether it is suspected of fraud requires further understanding of the situation. That is to analyze whether the house seller Kong had any intention of illegal possession?
"Why does Kong want to sell one house and two houses?" Meng Lang asked.

Qiu Xuanxiang said: "The person involved doesn't know about this matter, so I analyze whether he just wants to defraud Li of his money?"

Meng Lang said: "How can you prove that he just wanted to defraud Li of his money?"

Qiu Xuanxiang said: "Look, he first sold it to Li for 35, and then sold it to Liang. The price was still 35, both of which were 35. Who was he selling to? And Li paid first. 25 yuan does not mean that he cannot afford it. There is absolutely no need for him to resell it to others. If he wants to sell it at a high price, he should not sell it for 35 yuan. Therefore, my analysis is that the only reason he does this is because he wants to illegally possess it. Li’s 25 yuan, although he promised to repay it in installments, he has not paid it back until now, obviously he wants to renege on his debt.”

Qiu Xuanxiang's analysis was clear and logical, but Niu Zhao said after hearing this: "What if Kong just doesn't want to sell to Li? Moreover, Kong later agreed to pay back Li's money. If he had the idea of ​​illegal possession, he would not You should promise to pay back Li’s money again.”

Qiu Xuanxiang said: "This is just his expedient measure. He actually doesn't want to pay back Li's money."

Niu Zhaodao: "Although Kong's behavior is very abhorrent, the existing evidence is not enough to prove that he had the intention to illegally possess it."

Hearing what the two of them were talking about, Meng Lang said to them: "If you want to prove that Kong has the intention of illegal possession, you must find out his motive for selling one house and two houses. If his motive is to sell a house for a high price, then follow the As Lao Qiu said, there is no purpose of illegal possession, but if he has other motives, it will be hard to tell, the key is to find evidence of his motive for selling the house.”

Qiu Xuanxiang said: "Old wolf, how can we find such evidence? Kong will definitely not tell us that he sold one house and sold it twice to defraud money, and this case should be a civil lawsuit, or we should call the police to sue Kong. Is it better to defraud?”

Meng Lang said: "As you just said, if there is a civil lawsuit and Kong has no money, it will not make much sense if he wins the lawsuit. But if he is arrested according to the criminal case, he may return the money in order to reduce the punishment. For Li, therefore, it is better to file a criminal case, but the key is, will the police file a case now? If the police think this is just a civil dispute, then there is nothing they can do."

Hearing this, Qiu Xuanxiang frowned and thought of a way. Niu Zhao thought for a long time and felt that this matter is not easy to handle. Lawyers are not omnipotent. There are some cases where there is no way. If you want to fool the client, you can say that there is a way, but If you don’t want to deceive the person involved, tell the person honestly that he may not get his money back.

After a while, Meng Lang suddenly said to them, "I'll take care of this matter. Old Qiu, you can write a letter of indictment and hand it to me. I'll go to the police station to help Li file a case."

Qiu Xuanxiang said: "Old Wolf, can you get the police to file a case?"

Meng Lang glanced at him and said, "As long as there is evidence to prove that he has the purpose of illegal possession, the police will not fail to file a case."

Qiu Xuanxiang asked: "Then do you have any evidence to prove that he has the purpose of illegal possession?"

Meng Lang smiled and said, "I won't tell you about this yet, just do as I tell you."

Qiu Xuanxiang said: "Old wolf, are you still playing tricks on me? Where can you find evidence to prove that he has the purpose of illegal possession, please tell me quickly, I will study hard."

Meng Lang smiled and said, "I'll tell you later. You go and write the complaint first."

When Qiu Xuan met, he didn't want to say anything, so he turned around and went out to write something.As soon as he left, Niu Zhao asked, "Meng Lang, what do you think? Can the police file a case?"

Meng Lang smiled and said, "Do you want to go to the police station with me?"

"Will you be able to file a case if you go there?" Niu Zhao didn't believe it either.

Meng Lang smiled and said, "Let's go find Fuchunxiu and ask her to help file the case."

"Are you looking for her again?" Niu Zhaoli glared at her.

Meng Lang smiled and said, "Actually, it's okay not to look for her, but wouldn't it be more convenient to look for someone you know? Right?"

"You want to file a case through an acquaintance? If the court finds him innocent, isn't it useless?" Niu Zhao asked in surprise.

Meng Lang stood up and said, "As long as we determine that he is involved in a crime, the court will definitely convict him. Don't worry, I won't make a wrong case."

After saying that, he got up and went to find Fuchunxiu. When Niu Zhao saw him, he hurriedly followed him and went to the police station with him.

After arriving at the police station, Meng Lang found Fuchunxiu. Niu Zhao smiled when he saw Fuchunxiu, and Fuchunxiu shook hands with her.

After sitting down, Meng Lang told Fuchunxiu the situation. After hearing this, Fuchunxiu was not sure whether she was suspected of fraud, but Meng Lang said to her: "Sister Fu, you just need to investigate Kong's bank." By using the account, we can determine whether he has the intention to illegally possess it.”

After hearing this, Fu Chunxiu asked in puzzlement: "How can we find out that he has the intention of illegal possession by checking his bank account?"

Meng Lang said: "Based on the circumstances of the case, I analyze that Kong must have thought of illegally possessing Li's money because he had debts. He will definitely repay the debt after receiving Li's money, and as long as there is evidence that he repaid the debt, It can prove that his purpose of selling one house and two houses was illegal possession. Think about it, after he received Li’s money, he turned around and paid off the debt. He didn’t even think about returning the money to Li. No. What is a scam?”

When he said this, not only Fu Chunxiu's eyes lit up, but also Niu Zhao's enlightenment. He thought that Meng Lang was too smart, how did he think of this?Will his judgment be so accurate?
Fuchunxiu nodded and said: "What you said is really possible. How about I go investigate first and then decide whether to file a case. If a case is filed, I will notify you."

Meng Lang thanked her hurriedly: "Sister Fu, thank you so much. Let's have dinner together tonight?"

(End of this chapter)