If it were in the past, Zhou Yi would have been unable to resist refuting someone if he heard such nonsense.
But after going through many trials, he knew very well that one has to speak in court. Even those criminal suspects who seem to be guilty of heinous crimes have the right to defend themselves before the court convicts them.
For example, the second instance upheld the original verdict of Lao Moumou.
So Zhou Yi just sat there, and Mr. Fang also sat there calmly, ready to listen to what Lawyer Lian had to say.
"Before the other party made the purchase, although our marked-out price was higher than the original price, the other party must have had some knowledge of gold prices based on their social life experience before purchasing gold products. Therefore, our marked-out price could not cause any misunderstanding on their part!"
"Secondly, we did not have the intention to defraud. We did not clearly inform the original price that the defect was only minor. There was no subjective intent. We believed that after the discount, the price was not significantly higher than the market price, so it should not be considered fraud."
"And, on purpose..."
Zhou Yi almost broke down after listening to the debate. It was so brilliant, really brilliant.
Especially the intentional fraud. In many cases, it is difficult to judge whether it is intentional. After all, this thing is very subjective. There are reasons for saying it is intentional, and there are also reasons for saying it is not intentional.
A smile appeared on Fang Dazhuang's face. It must be said that this lawyer Lian had made progress compared to the previous one, Lu Zuxiong.
Being able to know the situation through other channels was a very important part of the Supreme Court’s ruling in the case of the sky-high luxury car!
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At the beginning, one thing is that the car sales company recorded the PDI behavior in the records of the car. That is to say, if you don’t check it, you may not know it, but if you know about it and check it, you will definitely find it.
Therefore, this is not considered fraud, but simply a violation of consumers' right to know.
Of course, the most important point is whether all PDIs should be informed. The current law does not have clear provisions.
Now, even lawyers believe that since you buy gold products, you must know the price of gold. Currently, major companies are relatively transparent about the profits of gold products, and you can find these things in other ways.
Therefore, generally speaking, the original price can be roughly found.
Then it is obvious that you can find these costs, so there is no need for us to tell the original price... Since there is no need to tell, there is no fraud.
Another point is, of course, that our profits are not high, so a ruling of more than 10 million in compensation goes against the principle of fairness in civil law.
Lian Yukuan was very clear that if he still used the reason from the first trial, that is, to say that Zhou Yi had committed the act of "knowingly buying fake goods" and did not cause misleading, he would definitely lose the case.
Whether the verdict is changed in the second instance, there must be something new. Otherwise, the judge will know that you still have the same content as before and will basically maintain the original verdict.
After saying that, Lian Yukuan sat down.
The audience in the gallery also began to react. This kind of case is all about details.
Attorney Fang stood up. Of course, it didn’t mean that he had to stand up during court debates, but he was just used to doing so. He felt better when he stood up to debate.
"I refute the appellant's two points. First, the appellant's lawyer is clearly trying to confuse the original price by claiming that it was possible to know the original price through other means."
"He has made gold products special, arguing that they are different from other commodities. However, our laws do not have relevant provisions, so gold products should also be considered commodities!"
"Just because everyone knows the price of a product's raw materials, it doesn't make sense to assume the other party knows the original price. This is clearly incorrect. The Consumer Protection Law clearly prohibits fabricating original prices, and doing so is considered price fraud. Gold products fall under the category of goods stipulated in the Consumer Protection Law, and therefore should be covered."
At this point, Attorney Fang took a sip of water and continued, "As for the claim of a lack of subjective intent, I don't think so. The appellant didn't fulfill their obligation to disclose information, and their actions were sufficient to mislead our client into making the purchase. Therefore, I believe this can be presumed to be subjective intent."
This is a bit confusing. To put it simply, what Mr. Fang meant was that you are doing this to trick the "leeks" into buying things because of the high discounts. This is clearly an act of deliberate fraud.
Even though the lawyer refuted the allegations again, he still insisted on his point of view that it did not constitute fraud.
Zhou Yi was able to fill it in at first, but he started to feel dizzy later. This lawyer Lian was indeed capable, but Lawyer Fang's rebuttal was always just right.
Various relevant laws and judicial interpretations are readily available, seemingly as if they had been prepared in advance.
So in the end, even the lawyer turned his attention to the principle of fairness.
In response to this, Mr. Fang believes that the Civil Code is a general law and the Consumer Rights Protection Law is a special law, and the special law should be applied when a conflict occurs.
Merchants are already in an advantageous position, so the principle of fairness cannot be applied.
In other words, if the principle of fairness is truly taken into consideration, then there shouldn't be such a thing as a Consumer Rights Protection Law...
The presiding judge also listened very carefully, and finally the debate between the two ended.
The court was adjourned after asking if anyone had anything to add.
Lian Yukuan started drinking water. He was not sure whether the verdict could be changed, but this kind of compensation case could not be easily acquitted.
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