Chapter 80
"The plaintiff's question just now was not humiliating. The defendant is because you are too sensitive. Please answer the other party's question positively."
The presiding judge of this case, Zhao Yucheng, said in a fair and just manner, and said in a stern manner. His words also revealed the fact that Feng Jianxiong secretly despised Deng Changchun just now, and gave a tone.
Deng Changchun felt depressed and aggrieved, and his blood pressure soared.
Since he offended Feng Jianxiong a few months ago, it has been humiliated once.
He could only respond to the presiding judge's request in anger and said, "Okay, I'll answer! What's the specific question! Ask again!"
The presiding judge nodded and turned to Feng Jianxiong, reminding: "Plaintiff's agent, please pay attention, don't ask too many subjective descriptions and speculations, please be simple and clear."
"Yes, thank you very much for the presiding judge's reminder." Feng Jianxiong took a proper demeanor, then turned to Deng Changchun,
"Mr. Deng, please give a positive answer: Can you ensure that your company is standardized in terms of financial invoice issuance?
In other words, can you guarantee that you have not played financial fraud like "Selling Class A goods, but selling Class B goods on the invoice" when you are invoicing financial invoices? If you don't guarantee, then all the invoice evidence submitted by Lawyer Li should be invalidated! Because your company's financial credit has problems in this regard!"
"I..." Deng Changchun choked and gritted his teeth and was about to answer.
"I object!" Li Yifeng shouted, and quickly interrupted Feng Jianxiong's change of concept, "Previous judge, the plaintiff's agent is really changing concepts! The company run by our party is very standardized in terms of finance, so there is no need to repeat this.
But you should also know the national conditions. As a corporate leader, it is impossible to personally supervise every financial personnel, especially some companies, with a large amount of financial outsourcing. As long as the corporate manager does not evade taxes and is responsible for this issue, how can he be responsible for all minor or possible mistakes in the financial personnel?
Even if there are some flaws, those flaws have nothing to do with this case! Let’s take a step back, can a company possibly have tax flaws and deduce that they will also commit fraud in the field of brand protection? These are two completely unrelated areas!”
When he finished speaking, Li Yifeng was already a little scared and sweated a little, thinking that he was lucky enough to see the opportunity quickly.
Otherwise, Feng Jianxiong's next step would be to verbally run Deng Changchun. After he swears that "our company has never issued false fake invoices", he takes out one or two fake invoices/wrong invoices with problems with Longsheng Food, and then uses this example to prove that "Longsheng Food's financial situation is not standard, so the effectiveness of previous years invoices used in the relevant evidence is questionable."
The key to cross-examination is to eliminate the proof of the other party's evidence, at least it will make the presiding judge feel that the proof is doubtful.
After being disturbed by Li Yifeng, even Deng Changchun felt the smell of conspiracy. Even though he was a little bit of a pig teammate and had a low education, he now realized what to say.
This was also the first time he had really begun to feel that the attorney fee for Li Yifeng was worth it. After all, the other party was really capable of helping him plug the leak.
So Deng Changchun changed his words cunningly: "Yes! Dear presiding judge, has our company evaded taxes? What's the matter with today's case? Although our company definitely does not evade taxes, who dares to do anything, I'm the first to break his leg..."
The presiding judge Zhao Yucheng frowned and thought to himself that Deng Changchun must have asked the finance department to issue fake invoices, but that was also the business of the tax department.
In other words, in the past few years, Deng Changchun should have issued less invoices just for the motivation to avoid taxes and issued invoices incorrectly, but it is unlikely that he would issue invoices incorrectly to protect his brand.
Therefore, even if it is proved that there are many invoices in his family that are problematic, it has nothing to do with this case, at least it cannot prove that "it is possible that the invoice is issued incorrectly for this case."
He was about to remind Feng Jianxiong to pay attention to this point, but Feng Jianxiong asked first: "Mr. Deng, let me change the statement - I will not ask whether your company's finances have any invoice errors or negligence in tax avoidance and amount. I just ask, do your company dare to guarantee that there is no possibility of wrong opening of the "Product Name" column when the amount and tax types remain unchanged?
In other words, as long as you dare to guarantee, even if I take out an invoice that proves your company’s tax evasion in the next second, and prove that your company’s financial dishonesty is no longer proof of this case! I am willing to bear such adverse consequences!"
Feng Jianxiong's words were loud and loud, blocking the thoughts of Zhao Yucheng and Li Yifeng, and both of them stopped talking.
Deng Changchun learned his lesson this time, and first glanced at Li Yifeng. Seeing that Li Yifeng seemed to have not seen him, he was thinking there without any confidence. Deng Changchun gritted his teeth and replied positively: "No! I can guarantee that our company has never deliberately opened the brand name of the product sold to another brand! Of course, if the customer asks us not to reflect the specific product, we can only do it! I hope the presiding judge understands this situation!"
Regarding Deng Changchun's final addition, Zhao Yucheng nodded to express his understanding.
In China, many units buy things. Even if the seller wants to reflect the specific product and model when issuing the invoice, the buyer may not want to reflect it. At this time, they can only open a general product name in a general category.
The reason for this is nothing more than reimbursement.
Many public units spend money to buy inflatable dolls, hoping that only "daily goods" or even "office supplies" will be reflected in the invoice, and finally reimbursed.
So you can't blame the seller for this kind of thing.
In other words, when Presiding Judge Zhao Yucheng agreed to this point, if Feng Jianxiong came up with such evidence, it would have no proof.
"Very good, I fully understand the difficulty of domestic companies." Feng Jianxiong had no intention of fear at all and accepted this setting calmly.
"Is there any deeper conspiracy?" Li Yifeng felt his brain suddenly beating, and he felt inexplicably panic.
However, he didn't have much time to panic, because Feng Jianxiong solved the mystery in an instant.
"Mr. Deng, the invoices I have just issued by your company this quarter. In addition, I have two fax copies here that can be proven to be contacts between your company and your customer units.
According to the fax, the customer clearly asked your company's sales invoice to reflect the product, specifications, and brand, but your company's financial reply stated that there was indeed a difficulty and it was necessary to 'coordinate the product name'. In the end, the customer agreed - I believe you can identify the authenticity."
Li Yifeng was stunned, his face changed suddenly, and he quickly asked Deng Changchun in a low voice: "What's going on! Is your company's finance stupid? It's not for tax evasion, and it doesn't even change the amount. Why do you make a fraud in such an irrelevant place? Also, how could it be controlled by the other party?!"
Deng Changchun didn't understand and said confidently: "This is impossible!"
Feng Jianxiong Zhizhu turned to Zhao Yucheng in her grip: "Previous Judge, I request that the above counter-proof be submitted to the court record to verify the authenticity!"
"Accept the above counter-evidence, please ask the clerk to record the situation." Zhao Yucheng said with a plea.
Soon, the thing was recorded and confirmed to be true after a simple identification. Deng Changchun then saw the specific content displayed.
"Ah?! This is not because..." He immediately regretted it when he saw it.
"It seems that the defendant can't speak anymore, so I'll explain it to him." Feng Jianxiong looked at the other party's panic as if he was defeated and said with a teasing, "Dear Presiding Judge, dear judges. I believe you may not know the characteristics of the local side food specialty enterprises represented by Longsheng Food.
Although these township enterprises started with companies that grew up to tens of millions or even over 100 million in annual sales, their roots are still rooted in special products that protect their origins. For example, in Qiantang and Longjing, there are many village party secretaries in many villages who are the owners of tea stir-frying factories, and they actually monopolized the tea of villagers in their villages, stir-frying and processing, and sell at a higher price. The same is true for companies that make nut roasts such as walnuts.
Perhaps their purchase price of agricultural raw materials for the villagers in this village will be lower than that of foreign households, but because of their favors in the local area, and their prestige of being insured and ensuring profits from drought and flood, many villagers will still succumb to this price difference. Deng Changchun, the boss of the defendant company, obviously also made a fortune-telling model-"
Feng Jianxiong's preparation was a bit long, so that Zhao Yucheng could not hear anything about the case after listening for more than a minute, so he had to remind the other party: "Plaintiff's agent, please pay attention to the connection between your words and this case!"
"Thank you, of course I will talk about it soon." Feng Jianxiong humbly accepted the presiding judge's opinion and continued, "Deng Changchun's enterprise started by relying on his local fishermen supplying goods in Dongou and operating local specialty products. Therefore, he also needs to pay attention to protecting his suppliers like all similar local specialty enterprises - this is also a place where such enterprises are more humane than outsiders.
What are the contents of the two invoices for 2002 provided by Lawyer Li just now? They sold canned spicy sardines from the "Seafood Ginseng" brand. According to our investigation, the "Seafood Ginseng" brand on the promotional materials of their company at that time had only a few products from the big road products. Note that I just said that their promotion was written like this, and I didn't say that I admitted that they had actually used the "Seafood Ginseng" brand to actually sell products and sold them.
However, we are also very surprised because these two invoices were issued in May and June. At other times throughout the year, we not only did not find that the company issued sales invoices with the brand of "Seafood Ginseng", but even their products like "Canned Oil-soaked Sardines" rarely appear in sales invoices - this is obviously unreasonable. Why is a hot-selling product that only sells in a few months of the year and suddenly no one buys it in other months?"
"Maybe it's just a seasonal reason. Are sardines only available in a few months?" It was Li Yifeng who couldn't help but make a long speech from the other party and started to find trouble when he was fine. In short, it was just right that Feng Jianxiong could not speak freely.
Feng Jianxiong smiled: "Lawyer Li, then I can only say that you don't know the grains. It's too common sense: the supply of sardines is available all year round, and it can be imported and processed from neighboring countries at a low price.
However, I still want to thank you for your righteousness, because you have made a good decision—yes, the reason for this abnormal invoice is because of the seasonality of the raw materials, but the form of expression is exactly the opposite!"
"What's going on!" Zhao Yu, Chengdu, became a little curious, but his tone was still majestic.
"Previous Judge, the situation is as follows: We have investigated that in other months of Longsheng Food, the sales of canned pomfrets with oil-soaked spicy yellow croaker and even other flavors of pomfret were high, which was also reflected in the invoice. In a certain two months, those products suddenly disappeared, or they did not write down the specific goods sold in ambiguous manner. Perhaps only when some customers strongly requested that the product name be reflected, they would be included in other products.
At first we were puzzled, but later we investigated the joint case inspection between the fishery administration and taxation department that year and the previous year, and guessed a possibility:
A year ago, in order to strictly investigate illegal fishing during the fishing ban period, the Dongou fishing administration department adopted a method of seeking cooperation from the tax department to verify the short-shelf-life fishing ban products produced by local specialty and non-food companies, and the sales of the fishing bans were successively conducted during the fishing ban period. Then, they followed the clues and questioned the source of goods, forced the illegal quota to be distributed, and the diesel subsidy for fishing boats was banned.
In this case, if it is the "foreign enterprises" mentioned above, it is fine to cooperate with the fishing administration. Because they did not have breeding technology in the past, they must have caught raw materials from wild fishing, and it does not violate any law. The illegal ones are their upstream suppliers, that is, those fishermen who ban fishing against the wind. Therefore, foreign enterprises can provide suppliers without dying.
However, as I said, Deng Changchun's enterprises are local enterprises and must maintain their prestige in the local area and cannot sell them as suppliers. Therefore, he had to make his company's financial department pay attention to it and not to invoice the products in the months when certain products should not appear, so as to leave trouble.
Therefore, it is entirely possible that I just registered a "Seafood Godma" and made up several products in the publicity, but there was no actual sales. Then, in order to deal with the verification, I made up some orders for it to cover up the actual sales of the goods that did not reflect the "Seafood Godma" brand!
In fact, such changes in the product name and trademark sales on invoices are very common in China. For example, in industries involving national energy-saving subsidies refunds, Sanxiong Laser and Leitu Lighting all sell products that are not the specifications of the National Development and Reform Commission subsidy list, and false invoice issuance as products in the subsidy list..."
"But... all of this is just your speculation! You have no direct evidence to prove that these two invoices that year, and even the others later were the situation you predicted! Even protecting suppliers is just your own speculation!" Li Yifeng made the final resistance in his sweat, but a sense of fear arose in his heart.
He no longer dared to despise the young agent opposite him, even if the other party did not have a lawyer's certificate.
Li Yifeng used all his common sense and reasoning, racked his brains and thought for a long time, and seemed to have caught some life-saving straw. He thought he was blessed to the heart and finally refuted:
"Also! The reasoning of the other party's agent is very loophole! As we all know, pomfrets are deep-sea non-farming fish. Due to water pressure, they die when they come out of water, and they are frozen dead fish. Since they are already frozen fish, can't they be frozen for a few more months before selling them until the off-season?
Anyway, it’s no longer fresh fish. Even an ordinary small owner of aquatic products wholesale can think of this method, right? How could the fishery administration department trace back from such suppliers to track down people who violated the fishing ban period?”
Unfortunately, this counterattack did not work, and Feng Jianxiong obviously had done this.
He took out a canned yellow croaker in court.
"It seems that Lawyer Li has a great life and has never eaten canned food. In daily fresh food sales, these non-cultivated sea fish are of course frozen or even frozen to extend the shelf life. But for canned companies, there is basically no such thing as this, because canned food itself is to extend the shelf life. Even if it is to be delayed to the off-season sale, it should be fished and processed immediately, rather than stored in the state of ice fish for two months before processing - every quick freezing and thawing may cause the texture of the fish meat and the cells to be destroyed by ice crystals, affecting the taste. So I don't think that if it is absolutely necessary, canned processing companies will do this."
When Feng Jianxiong said this, Li Yifeng didn't understand these things. He quickly looked at Deng Changchun next to him and looked at him asking for help. Unfortunately, the other party looked dodging and had no intention of explaining. It seemed that what Feng Jianxiong was talking about was common sense in the industry.
Seeing that the other party was silent, Feng Jianxiong pursued the victory and said, "The details of that year are of course speculation, but the two invoices I took today issued this year are real evidence! I can prove that your company has the motivation to open such a brand, and the product name is fabricated, but it does not change the invoice amount, not for tax evasion!
I can prove that your company has the motivation to issue wrong invoices even if it is not for tax avoidance! The rest, I believe the court will judge whether my reasonable doubt is worthy of support - Dear Presiding Judge, I think the above chain of evidence is enough to prove that the defendant's financial integrity in this regard is insufficient! The invoice issued by the defendant is not enough to prove that the defendant has used the trademark involved since then!"
Deng Changchun and Li Yifeng looked at Zhao Yucheng in panic. The latter pondered for a while, communicated with the two jurors, and finally chose to accept Feng Jianxiong.
"It's over! No! We still have evidence of advertising materials, which can prove that we used 'being kindly' for those years!" Li Yifeng was caught off guard and was a little confused, almost thinking that he was going to give in. Fortunately, after calming down, he found that he still had half of the evidence to hold on.
Unfortunately, how could Feng Jianxiong give him a chance to breathe?
Chapter completed!