Indeed, it does not constitute fraud. But, as long as the dowry money is identified as non-dowry, we can sue the other party for unjust enrichnt. If the other party stubbornly refuses to return it, it will constitute the criminal offense of embezzlent.
I actually forgot about this plan!
Hearing these two points, Wan Zhongyuan slapped his forehead hard, as realization dawned. Qin Mu had just ntioned two plans a few days ago. But when he approached Qi ZhaoYu, he instinctively thought the fraud charge was more severe, so he opted for it first.
Subsequently, he humbly sought advice, asking about the detailed litigation procedures. "But... how can the dowry money be identified as non-dowry?"
"First, check the transfer date of the money. If it was transferred after the two parties obtained their marriage certificates, then you can argue it’s not a dowry," Qin Mu thought briefly and then said. "Secondly, if the money was transferred by you, then asset determination and notarization can be conducted to state that you are not responsible for your son’s dowry expenses for the marriage."
"Legally, there is no rule that a father must bear the dowry expenses for his son. As long as the source of the money is clear, this money can only be regarded as your personal property and not as dowry money."
This plan differs from the fraud charge. The penalty for fraud is more severe; thus, it is more rigorous and not easy to establish. Whereas for embezzlent, one only needs to prove the ownership of the property. Although it is customary for the groom’s parents to bear the dowry, the groom’s parents have no legal obligation to do so, and not bearing it is not illegal. We only need to prove that the property belongs to Wan Zhongyuan... Then he has the right to reclaim it.
"And for the offense of embezzlent, once it exceeds 1,000,000 yuan, it also constitutes an especially large amount and could result in a sentence of up to five years’ imprisonnt."
Qin Mu went through this defense strategy in detail. Embezzlent refers to the act of illegally taking possession with the intent to own, misappropriating the property of others left for safekeeping, lost property, or hidden property, involving large amounts, and refusing to return it. The sentencing depends on the amount. For especially large amounts, it prescribes two to five years of fixed-term imprisonnt and may also include a fine.
After hearing this complete plan, Wan Zhongyuan was incredibly excited. It suddenly felt like seeing light at the end of the tunnel.
If the fraud charge doesn’t work... Switching to this litigation approach, I’m sure to recover the 1,080,000 yuan! If the other party stubbornly refuses to repay, they will be subject to forced execution and could even be sentenced to five years’ imprisonnt! Once the dowry is reclaid, I believe the other party will definitely turn hostile and choose to divorce. My own son will also be able to see the true colors of the other side.
"Ahem, by the way, there’s sothing I’m not sure whether I should ntion or not..."
Finally, after much deliberation, Qin Mu decided to tell Wan Zhongyuan about Wan Feizhang coming to "consult" him. He had no particular relationship with Wan Feizhang, nor did he have any obligation to conceal such an act of duplicity against his own father.
"What?"
As expected, Wan Zhongyuan exploded with anger upon hearing it. He was instantly beside himself. Then, furious, he stord out of the nursing ho. When leaving, he inadvertently took an alloy cane belonging to one of the elderly residents.
「The next day.」
At Qi ZhaoYu Law Firm.
「Two days before the court session.」
Wan Zhongyuan ca to the firm and found Qi ZhaoYu. In front of him, he repeated exactly what Qin Mu had taught him:
"First, confirm the transfer date of the money. If it was transferred after the two parties obtained their marriage certificates, you can argue that it’s not a dowry.
"Secondly, conduct asset determination and notarization for this 1,080,000 yuan, stating your unwillingness to cover your son’s dowry for the marriage, and classify it as personal property..."
"Good idea!"
Qi ZhaoYu couldn’t help but clap in approval after listening.
He hadn’t thought of this thod himself. Utilizing the law from another perspective, he could also protect his rights and recover losses!
At the sa ti, he looked skeptically at Wan Zhongyuan, eyeing him curiously.
Knowing his own client, he was certain this litigation approach couldn’t possibly have been Wan Zhongyuan’s idea! Behind it, there must have been the guidance of an expert!
User Comments
0 comments from readers