Ms. Liu sat on the sofa, and the room was filled with a cold atmosphere that made her shiver. When night fell, the house was empty, and she couldn't imagine that the 31 pounds of gold bars in her house would disappear for no reason. The value of the gold bars almost suffocated her, and she couldn't believe it was real.
Ms. Liu is an elegant and independent woman who has been from a privileged family since she was a child, and met her husband Zhang, a talented and self-motivated man, during college. Since then, she has only been able to accommodate a certain person in her eyes. Ms. Liu didn't know when she started liking him, but she knew that only Zhang could make her happy.
Together, they started a company, and doing business became their main job. Ms. Liu and Zhang both have a keen sense of business, when they heard that the gold price was about to **, Ms. Liu did not hesitate to buy 31 catties of gold bars, she planned to ** when the gold price was high, to make huge profits. To be on the safe side, she stored the gold bars in a safe, feeling that this would give her peace of mind.
However, what she never expected was that the safe would not be safe either. When she opened the safe and found it empty, she almost fainted. 31 pounds of gold bars, but disappeared. She began to think back to everything that had happened recently, trying to find a clue. However, there was no trace of any passivity in the house, and the password to the safe was known only to her and her husband. She fell into despair, and things seemed to be at an impasse.
Ms. Liu could not accept the fact that the gold bar disappeared like this, and did not hesitate to call the police. After an investigation, they found that all this was done by Ms. Liu's son, Xiao Zhang. When Ms. Liu heard the news, she almost broke down. Xiao Zhang is only a teenager, how can he do such a thing?
It turned out that Xiao Zhang accidentally knew the password of the safe. Looking at the gold bars inside, he was greedy and wanted to sell them to satisfy his desire for luxury. However, the bars were too large for him to carry and resell on his own**. So, he found his friend Xiao Lu and asked for help. With Xiao Lu's help, they secretly took away 31 catties of gold bars and sold them all, obtaining a total of 5.65 million yuan.
Suddenly, with so much money in his hands, he began to become arrogant, and luxury stores became his regular customers, shopping without blinking at all. Even boldly bought a luxury car. In order to thank Xiao Lu for his help, Xiao Zhang generously gave him 210,000 yuan.
However, Ms. Liu is still reluctant to accept this fact, and she feels that her children have never been like this. She decided to try to recoup her losses. With the assistance of **, Ms. Liu successfully returned the luxury car bought by Xiao Zhang and successfully recovered part of the loss. However, Xiao Zhang's friend Xiao Lu initially promised to return all the money, but after returning 50,000 yuan, he suddenly repented and refused to return the remaining 160,000 yuan.
Faced with this dilemma, Ms. Liu had no choice but to take Xiao Lu to court and ask him to return the remaining 160,000 yuan. After the court trial, Xiao Zhang helped Xiao Lu sell his family's 31 catties of gold bars, and Xiao Lu received a reward of 210,000 yuan. Although this was given voluntarily by Xiao Zhang, Xiao Zhang was a minor, and the money was not obtained through legal channels, which had damaged Ms. Liu's legitimate rights and interests, and Xiao Lu should return it.
Uncle Guo's point of view:
1.Xiao Lu should return the remaining 160,000 yuan. Xiao Lu helped Xiao Zhang steal and ** Ms. Liu's gold bars, making a profit of 210,000 yuan. Although it was given voluntarily by Xiao Zhang, Xiao Zhang was still a minor and did not fully understand the consequences of his actions. The money was obtained through illegal means, which harmed Ms. Liu's legitimate interests. As a **, Xiao Lu should bear the responsibility of returning this part of the money.
2.Ms. Liu was a victim who bought gold bars and put them in a safe in the hope of profiting when the gold price was **. However, she could not have predicted that her son would steal and change hands on the gold bars. After she called the police, she recovered part of the loss through the investigation of **, and took legal measures to demand that Xiao Lu return the remaining 160,000 yuan. Her actions are reasonable and lawful, and she should recover her losses in order to protect her rights and interests.
Aunt Zhao's point of view:
1.Xiao Lu was not directly involved in the theft, he just helped Xiao Zhang to transfer the gold bars** and get some money from them. The money was given to him voluntarily by Xiao Zhang, and Ms. Liu did not provide evidence to prove that Xiao Lu obtained the money by illegal means. Therefore, Xiao Lu should maintain the status quo and does not need to return the remaining 160,000 yuan.
2.Ms. Liu's son, Xiao Zhang, is the culprit, who is the mastermind and perpetrator of the gold bar theft. Although Xiao Lu helped him, Xiao Zhang voluntarily gave some of the money to Xiao Lu and did not force him. Ms. Liu should put all the blame on Xiao Zhang, rather than holding Xiao Lu responsible. Xiao Lu did not receive the gold bars directly from Ms. Liu and did not participate in the theft, so he should not be asked to return the money.
1.Article 1798 of the Civil Code: Where a minor engages in activities that are incompatible with his age, intelligence, or experience, and that exceed his daily consumption and study needs, the person with whom he or she has conducted a valid civil juristic act may revoke the legal act between him and the minor.
2.Article 251 of the Criminal Law: Whoever illegally embraces, secretly steals, deceives, plunders, or employs other means, and the amount is relatively large, is to be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release, and/or a fine;where the amount involved is huge, the sentence is between three and ten years imprisonment and a concurrent fine.
3.Article 53 of the Contract Law: Where a contract is concluded by means of fraud or coercion, the party who has been defrauded or coerced may request the people's court or arbitration institution to modify or revoke the contract;If the defrauded party discovers or should discover the fraudulent act before the contract is concluded, the contract may be terminated if the circumstances are serious.
The above is a relevant legal opinion on the legal issues involved in this case. Ms. Liu has taken legal steps to protect her interests, and for Xiao Lu's behavior, according to the provisions of Chinese law, he must return Ms. Liu's losses.