Finally with the ex -husband's gambling debt "one -size -fledged two breaks"

After 5 years of divorce, Chen is still paying the gambling debt for his ex -husband. After the supervision of the Procuratorate of the Gaogang District of Taizhou City, Jiangsu Province, Chen finally and his ex -husband's gambling debt "one -size -fledged and two broken". What exactly is this matter about?

Is it a single gambling debt or a husband and wife common debt?

At the end of 2017, Chen and Dai divorced. Chen thought that he would never have any entanglement with Dai. Unexpectedly, on March 15, 2018, the court ruled that Dai Mou's 72,000 yuan borrowing occurred during the existence of the relationship between the husband and wife. Chen was not convinced and applied for retrial, but was rejected by the court.

On March 12, 2021, Chen came to the 12309 Procuratorate of the Gaogang District Procuratorate to seek help.

"Prosecutor, these are Dai Mou's gambling debt. We are all divorced. Why do I have to gamble for him?" Chen cried and said.

The prosecutor who received Chen checked the judgment and retrial ruling she provided on the spot. "In June 2017, Dai borrowed money from Cai several times, and each borrowing was tens of thousands of yuan. The amount was not large, and it happened during your marriage relationship. What evidence did you have? Dai Moumou is used to still gambling debts, not for family life? "Prosecutor asked.

"It was because of Dai Mou's gambling that we divorced. I run a fashion store myself, and the benefits are good. The expenses of the family are responsible. I do n’t need to Dai Mou to go out to borrow money." Printing the detailed bank account transaction details.

Prosecutors found that around June 2017, Chen's bank account did have a lot of balances. Her statement had a certain credibility, but it was not enough to prove that Dai's borrowing was used for gambling. And according to the laws of the time, it is necessary to determine that Dai's borrowing was used to repay gambling debts, not for the daily life needs of the family. Gambling is still borrowed.

Prosecutors believe that collecting these evidences is difficult for Chen, and the court's disadvantage of the referee to Chen is also reasonable.

Do creditors know that borrowings are used for gambling?

In order to find more sufficient evidence, the prosecutor handling the case found Dai Mou to understand the real situation of the loan. Dai Mou said: "Around 2017, I played online gambling on Wang's computer, and he lost or losing. These arrears were borrowed from Wang and Wang."

"You borrowed money with Wang, why did you call Cai?" The prosecutor asked.

"Wang is Cai's 'Big Brother'. I wrote Cai Mou in the name, and the actual borrowed was Wang's money. In order to return the money, I was sentenced to illegal detention." Dai Moumou Continue to explain.

According to the clues provided by Dai, the prosecutor handling the criminal trial dose of Wang and Cai's illegal detention case. Wang once confessed: "In 2017, Dai often went to my house to gamble on the Internet. I introduced Cai to him, he borrowed money from Cai, and the money was me." I, let me borrow money to Dai Mou in my name ... "The prosecutor also retracted the bank transaction records of three people within this time period, and found that the confession of the three people confirmed each other. The lender is Wang.

However, the time has passed too long. At that time, the computer used for gambling had long been lost, and Wang's account Wang didn't remember. How could it prove that Wang knew that Dai Mou borrowed money for gambling?

After some efforts, the prosecutor handling the case found two gamblers who played online gambling at the same time at the same time. The process they described in gambling and borrowing money were exactly the same as Dai's statement. The prosecutor continued to look for clues from Wang's bank flowing water, and found that Wang's bank account continued and transferred multiple times every day in the first half of 2017, and the teller of the transfer was the same network transfer port.

After the Gaogang District Procuratorate transferred the crime clue and related evidence of Wang's crime of opening a casino, Wang acknowledged the fact that he registered the online gambling account and recharged the gambler. However, because of the loss of objective evidence, he could not account for criminal evidence standards for Wang to open the crime of casinos, and he could not investigate Wang's criminal responsibility. However, the prosecutor believes that the current evidence is in line with the "height" required by civil lawsuits, which is enough to prove that Wang knows that Dai is used to use money for online gambling when he borrowed money.

The case of procuratorial supervision is ended

On April 6, 2021, the Procuratorate of the Gaogang District asked to protest to the Taizhou Procuratorate; on December 16 of the same year, the case was returned to retrial. During the review, the Gaogang District Court added Wang as a third person.

In order to save litigation resources and recover the losses for Chen as soon as possible, the Gaogang District Procuratorate and the court jointly contributed to the parties to the case to reach a mediation agreement. On August 23 this year, Wang returned Chen's ex -husband Dai Dai's 30,000 yuan gambling debt on the spot, and jointly promised with Cai to ask Chen Mou to ask Chen Mou.

(Source: Procuratorial Daily Author: Jin Qiuhua Zou Xian Chen Jingjing)

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