Why does "investment" change to "borrowing"

"Thanks to the prosecutor Ming Qiu, my house finally kept it!" Recently, the prosecutor of the Kaidong City Procuratorate in Jiangsu Province recently returned to the case and supervised the applicant Gao Ping to thank the prosecutor.

In August 2020, Gao Ping came to the reception window of Qidong City Procuratorate and cried to the prosecutor: "I was pitted by partner Wang Xuepeng! A while ago, Wang Xuepeng sued me to pay me back. The court has seized. I have no choice but to apply for supervision of the procuratorial organs! "

After the case of the Kaidong City Procuratorate accepted the case, the case handling team carefully reviewed the evidence provided by the original file and Gao Ping. After investigation, the court of first trial believed that Gao Ping borrowed a total of 850,000 yuan from Wang Xuepeng, and should be repaid to repay the amount and corresponding interest, and then made a judgment in court. However, Gao Ping told the prosecutor of the case that the case involved was not a loan, but that he and "Wang Xuepeng" jointly established the business funds of Dalang Company. At that time, Gao Ping, as the legal representative of the company, agreed with Wang Xuepeng that Gao Ping took the shareholding with technology, and Wang Xuepeng invested in funds. Considering the risk of losing money in the funds of the shares, Wang Xuepeng requested Gao Ping to issue a debit to him, and promised that he would not be used to ask for funds and prosecute to the court in the future. As a result, Gao Ping issued a debit at the request of Wang Xuepeng.

According to years of experience in handling cases, the prosecutor believes that the case is likely to have other hidden feelings, so the evidence provided by the supervisor's applicant is classified and analyzed, and the investigation and verification are investigated one by one. Is Dalang's shareholder "Wang Xuepeng" and the applicant "Wang Xuepeng", the applicant of the civil loan dispute, "Wang Xuepeng"? This is the first problem encountered by the case handling team. On the series of evidence materials that Gao Ping provided to the procuratorate that can prove that the money invested by shareholders is "Wang Xuepeng" instead of "Wang Xuepeng". When the two names were pronounced similar, but the words were different. When the prosecutor handling the case confirmed to Wang Xuepeng, Wang Xuepeng denied that he had never signed the evidence materials and believed that the signature was forged. The statement of the two sides was completely different, which caused the case review to fall into a deadlock.

Who is lying?

On October 30, 2020, the prosecutor handling the case launched the judicial appraisal procedure, hoping to find out the facts of the case through the handwriting identification. Prosecutors have been transferred to the archives of the industrial and commercial departments and many banks for many consecutive days to find the text written by Wang Xuepeng in the same time as the above evidence. Collection of handwriting materials for Wang Xuepeng. When the prosecutor asked Wang Xuepeng to write the text, Wang Xuepeng said that he could not hold his hand due to stroke, and finally wrote a few lines of words under the help of his wife. The deliberate writing may change the writing habits and the direction of the pen, but the truth will not be covered after all. Combined with the inspection materials extracted from the archive library and the text written by Wang Xuepeng on the spot, the handwriting appraisal opinion believes that the word "Wang Xuepeng" is signed by Wang Xuepeng himself.

However, the proof is not enough based on the handwriting identification. At this time, Zhang Yong, another shareholder at the beginning of Dalang, entered the vision of the prosecutor of the case. In November 2020, the prosecutor handling the case found Zhang Yong. Zhang Yong said that he and Wang Xuepeng were a master and apprentice. For the two names of "Wang Xuepeng" and "Wang Xuepeng", Master was usually mixed. He has established Dalang Company with Gao Ping and Wang Xuepeng, and later withdrew. The prosecutor showed the opening photos and videos of the opening of the "Wang Xuepeng Health Museum" provided by Gao Ping. Zhang Yong made it clear that the man in the photo was Wang Xuepeng.

In order to further find out the facts, the prosecutor handling the case from the industrial and commercial department has retrieved the industrial and commercial archives and company articles of association from Dalang Company, and combed the bills, vouchers, notes, white strips, and registered one by one. The use of the door is separated by the formal form, and the five sets of evidence of 5 sets of evidence are sorted out: the joining intention to be remitted after Dalang company joined its headquarters. And the rent of the apartment expenditure rented by the shareholders, the funds spent for other expenses of Wang Xuepeng, and other necessary expenditures used for the company's operations, etc., a total of more than 760,000 yuan. At the same time, the prosecutor went to the five banks involved in the bill to retrieve the details of the in -in -in -in -lending transaction, and the final inspection was true. These are enough to prove that the so -called "loan" is actually all used in the company's operating expenses.

After investigation and verification, the procuratorate believes that the basic legal relationship of the case is a dispute caused by shareholders' investment, not a non -governmental lending dispute. On January 8, 2021, a retrial prosecution proposal was issued to the court on the grounds of new evidence. After the case entered the retrial process, Wang Xuepeng had withdrawn the prosecution by self -knowledge, and Gao Ping's house was also kept. (The company and characters involved in the text are pseudonym)

(Source: Procuratorial Daily Author: Gao Liangliang Yinchun Liu Chen Yingzhi)

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