The beginning was serious, and the opposite side was scared by me and called the police!

Chapter 199 Covert charge: crime of illegally absorbing public deposits
His mood is very heavy now.

on the one hand.

It is because of this subpoena.

On the other hand, it is suspected that Tian Shulan has betrayed him.

The male voice on the phone just now...

It hurt him hard.

"okay, I get it."

And on the other end of the phone.

After hearing that he might go to jail, Tian Shulan's tone was surprisingly calm.

Showed no concern.

"boom!"

Meng Lei gritted his teeth and slapped the table hard.

I twitched with anger.

……

Jincheng.

In the nursing home.

After work.

Qin Mu will communicate with Ma Ming when he finds time to understand the progress of the case and provide remote guidance.

this case...

In fact, it is more troublesome.

Because strictly speaking, Meng Lei's behavior is borrowing money and not repaying it.

In terms of components...

It can indeed be judged as fraud.

But if the other party hires a good lawyer and has professional legal guidance, it is entirely possible to escape the crime.

For example, the act of borrowing money is defended in a loan dispute.

The reason why it is not returned is due to various reasons, which are justifiable.

Coupled with loan disputes, they are only economic disputes, not fraudulent acts.

Lawyers just need to work harder...

It is entirely possible to plead guilty to fraud.

The court's judgment, at most, sentenced Meng Lei to repay the owner's loan.

Meng Lei cannot be sent in.

And now there are still four days until the trial.

During this period of time, it was enough for him to find a good lawyer.

"Another fraud in four days?"

The gossip Zhang Qingyuan and others also inadvertently learned of the follow-up of this incident.

"The verdict has come down, how dare that person transfer property?"

"I know how difficult it is to collect debts. No wonder there are a group of people on the Internet who specialize in debt collection."

"It's too much trouble to rely on the law to collect debts. I heard that this kind of debt collection is very efficient."

"However, I think Xiao Qin's efficiency is high. If he doesn't pay back the money, he will directly engage in fraud and send people in!"

"..."

Everyone surrounded Qin Mu.

Excited to discuss.

They don't care about why it constitutes a fraud, they only care about having fun watching it again.

and.

this case...

Involved in loan disputes.

It is too common in life, they have all encountered it when they were young.

Has a deep sense of substitution.

In a person's life...

It is inevitable to encounter a few old Lai who borrow money and do not pay back.

If they can be sent in by Qin Mu's method, no one will dare to borrow money and refuse to repay it in the future.

"My method does not apply to all Lao Lai. If you want to send people in, you need multiple cases and the circumstances are serious."

Listening to everyone's narration, Qin Mu's mouth twitched.

Patiently explained: "The behavior of borrowing money was originally an economic dispute, but Meng Lei's behavior... borrowed money from many people, and none of them were repaid. The circumstances are more serious."

If a person borrows money from only one person...

That cannot be classified as fraud.

It can only be regarded as an economic dispute.

but……

If a person borrows money from multiple people and fails to repay it, his behavior is suspected of fraud.

But still the same sentence, if the lawyer is a little better, there is a chance to defend the crime of fraud.

Because in essence, this is a loan behavior among classmates.

Not for strangers.

It is a kind of borrowing behavior that is very common in daily life based on the intimate relationship between classmates.

This is a legally recognized and legally protected lending behavior.

Borrowing money and not paying back...

Just illegal, not necessarily criminal.

"The other party still has a chance to win the lawsuit?"

After Zhang Qingyuan and others heard this, their eyes widened again.

This kind of lame...

It is actually protected by the law, just breaking the law, not committing a crime.

"They can't win."

Qin Mu smiled slightly, and continued, "Even if they find a powerful lawyer and can plead guilty to fraud, they will still be convicted of illegally absorbing public deposits."

In this case……

He has already considered it.

A powerful lawyer can plead guilty to fraud, but he can never escape the crime of illegally absorbing public deposits.

This criminal law...

It was newly established two years ago and targets economic crimes.

In the latest judicial interpretation, no distinction is made between units and natural persons, that is, everyone can commit this crime.

The crime of illegally absorbing public deposits refers to the act of illegally absorbing public deposits or absorbing public deposits in a disguised form to disrupt the financial order.

In terms of constituent elements, three conditions need to be met.

First, it is the deposits of others that are violated.

Second, the objective aspect is that the perpetrator has implemented the behavior of illegally absorbing public deposits or absorbing public deposits in disguise, and it is intentional.

Third, it has the purpose of illegal possession.

And obviously.

Meng Lei's behavior fully complied with these three points.

He used the method of borrowing money to absorb the deposits of his classmates in disguise, and refused to return them, forcibly occupying them, which seriously damaged the economic order and living conditions of others.

And the standard for filing a case against the crime of illegally absorbing public deposits...

Need to satisfy the requirement that the number of households that have illegally absorbed others has reached more than 10, or the amount of illegal absorption has reached more than [-] yuan.

For now.

Meng Lei was completely satisfied with the former.

Among the classmates alone, he borrowed 34 people.

on sentencing standards.

A natural person who commits the crime of illegally absorbing public deposits shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be fined not less than 20 yuan but not more than [-] yuan.

and

judicial interpretation.

There are regulations on huge amounts. Individuals illegally absorb or absorb public deposits in a disguised form, and the amount is more than 100 million yuan, which constitutes a huge amount.

For other serious circumstances, relevant regulations have also been made.

That is, the number of illegal borrowers has reached 100, or has caused serious social impact.

Meng Lei was not satisfied with these two points.

and so.

If it cannot be classified as fraud, he could be sentenced to up to three years in prison.

Expected three years.

If it is classified as fraud, his sentence can reach up to ten years.

That's why he...

The reason why Ma Ming suggested to him the priority of prosecuting the crime of fraud.

"Xiao Qin...you're such a listless person."

After Zhang Qingyuan and the others listened, they couldn't help taking a few steps back.

There was a bit of vigilance in his expression.

They didn't fully understand what Qin Mu said just now.

I only understood a rough idea.

to the effect that...

No matter how powerful a lawyer the other party hires, they will go to jail.

The only difference is that one is capped for ten years and the other is capped for three years!
Once again, they deeply felt that a person who understands the law can use different tricks to find charges for you!
Fortunately, Qin Mu is a member of their courtyard.

Have a better relationship with them.

otherwise……

They probably couldn't even sleep well.

……

Four days later.

Yangcheng.

It's time for the trial again.

Ma Ming again...

He and attorney Shi Liangping walked into the court.

Only this time, what they walked into was not a civil court.

It's the Criminal Court.

At 09:30.

The two walked into the First Criminal Court and sat in their respective seats.

Awaiting court hearing.

"Lawyer Shi, don't be nervous. Just follow what I said later. If the other party's lawyer is very good, we will take the next best thing and transfer the other party's crime of illegally absorbing public deposits."

Plaintiffs.

Ma Ming glanced at Shi Liangping, who was a bit unconfident, and comforted him.

When Shi Liangping heard this, his old face turned black.

these days.

Ma Ming proposed many prosecution suggestions to him, and the two discussed the case in detail.

No.

To be precise, Ma Ming should have guided him a lot.

He even helped him think about the way out.

If the crime of fraud is dismissed by the other party's lawyer, it will be changed from the crime of illegally absorbing public deposits.

This charge...

It is a field that he has never imagined!
Generally speaking.

The crime of illegally absorbing public deposits is aimed at crimes in the financial field.

But the law does not specifically refer to finance.

That is, this charge can be applied to any behavior that disrupts the economic order of others.

Borrowing money without repaying it also falls into this category.

As long as the number of borrowers reaches more than [-] households, the case can be filed for investigation.

"You are so proficient in the law... have you ever thought about changing careers?"

while waiting for the trial.

Shi Liangping looked at Ma Ming, and couldn't help persuading him: "Being a programmer is too much of a talent. If you become a lawyer, you will definitely be able to make a career in the lawyer circle of Yangcheng!"

He now has great admiration for Ma Ming's legal attainments.

Even thought he was a programmer...

It's like a pearl covered in dust, a waste of talent.

"Ahem, as I said before, I consulted an expert about these things, and he guided me."

Ma Ming blushed and explained again.

But Shi Liangping smiled.

Not very convinced.

Only when he is humble.

He asked again: "By the way, you know the law so well, you should have majored in law before, right? Where did you learn from?"

The corner of Ma Ming's mouth twitched.

Youyou said: "I major in water supply and drainage. As for the legal knowledge... I learned it online."

Shi Liangping opened his mouth after hearing this.

Suddenly I don't know how to answer.

God, what a water supply and drainage professional.

There are also these tricky prosecution directions and basis for incrimination, which can be learned online?
Don't say anything else.

Many people only know about the crime of fraud, not even the crime of illegally absorbing public deposits.

The act of borrowing money is suspected of this crime!

"Huh? Meng Lei is here?"

While the two were chatting, Ma Ming suddenly saw a figure outside the trial court.

I saw Meng Lei walking in behind a lawyer.

His face was a little haggard.

In just a few days, I seem to have lost a few pounds.

"He actually... didn't find a lawyer?"

At the bar.

Shi Liangping also noticed Meng Lei, showing surprise.

Ma Ming was stunned for a moment: "Isn't the one in front of him a lawyer?"

Shi Liangping shook his head and explained: "This is a legal aid lawyer, free of charge, I mean...he didn't find a lawyer himself."

talking.

He took a deep look at Meng Lei, and suddenly felt that he was underestimated again.

This is a criminal private prosecution case.

If the opponent loses the case, he will go to jail.

But Meng Lei...

To underestimate him so much.

I didn't even look for a professional lawyer, but chose a legal aid lawyer.

To know.

Any criminal case, as long as you apply, you can get free legal aid.

This kind of lawyer...

Strictly speaking, it is far behind those professional lawyers in terms of level and responsibility.

More often, they are just to complete the task indicators.

Make a mechanical defense.

Their salaries are fixed.

Whether it wins or loses, it has no effect on them.

therefore.

It is inevitable that you will not be active at work.

Meng Lei hired this kind of lawyer...

It's a complete insult to him!

Thinking of this, he couldn't help feeling a little angry.

In the last civil lawsuit, Meng Lei didn't even find a lawyer.

This criminal prosecution...

Meng Lei only found a free lawyer.

"I must win this case!"

Shi Liangping took a deep breath and clenched his fists secretly.

"His wife...doesn't seem to be here either."

Plaintiffs.

Ma Ming glanced at the auditorium and found that the auditorium was empty.

There is no one.

That beautiful wife of Meng Lei didn't even come to the scene.

……

at the same time.

Jincheng.

nursing home.

Qin Mu had just set up a projection screen in the courtyard to project the live broadcast of the trial.

I saw that Wan Zhongyuan was very conscious...

Moved a small bench.

Sitting in the middle of the yard.

Find a good viewing location.

"Ahem, I'm done with work today, I have nothing to do, and I'm here to study the Fa."

The elder Wanzhong blushed and explained something.

The corner of Qin Mu's mouth twitched slightly: "..."

It's not even ten o'clock in the morning.

Wan Zhongyuan actually said that the work was done...

This is obviously skipping work to watch the live broadcast.

And it didn't take long.

Zhang Qingyuan and others also came to the yard one after another, sitting in front of the projection screen.

Awaiting the start of the trial.

Unconsciously.

Watching the live broadcast of court trials has become a daily entertainment item in nursing homes.

Second only to on-site audition.

"Come here! It's about to start!"

suddenly.

There was a commotion among the old men.

Sitting next to Wan Zhongyuan, Qin Mu also looked up at the projection screen.

On the screen, the pitch-black picture disappeared.

There was a courtroom scene.

In the solemn court, the plaintiff's seat, the defendant's seat, and the lawyers' seats of both parties have all arrived.

"Something's wrong, why is the auditorium so deserted this time? There's no one there?"

Zhang Qingyuan frowned, his face full of doubts.

In the auditorium...

There is not even a relative who attends.

Since Ma Ming was going to a different place, it was normal for him to have no relatives.

But Meng Lei's relatives didn't show up either.

Qin Mu saw this.

He also frowned slightly, also a little surprised.

If he remembers correctly...

During the last lawsuit, Meng Lei's wife also came to attend the hearing.

at this time.

In the trial screen, the presiding judge led the collegiate panel into the courtroom.

All rise.

Welcome everyone in the collegial panel to sit down.

"Boom-"

The gavel sounded.

The presiding judge glanced at the people below, and said in a deep voice: "Today, the Yangcheng Court publicly heard the case of Meng Lei's suspected fraud. I will serve as the presiding judge and form a collegial panel according to law..."

After routine announcements and court discipline readings.

The trial directly entered the link where the plaintiff read out the indictment and stated the reasons for the case.

Plaintiffs.

Ma Ming's performance was obviously much calmer than last time, and he stood up immediately.

He complained: "The defendant, Meng Lei, used the loan as an excuse to borrow 34 yuan from me and other classmates, a total of 43621 people, during his four years in college, and has not yet returned it."

"Therefore, we accuse Meng Lei of illegally occupying our property under the pretext of borrowing money and refusing to return it, which constitutes a crime of fraud."

"In these years, we have asked him for the owed money many times, but every time he said that he..."

at this presentation stage.

Ma Ming listed the incidents mentioned by other students, and made all Meng Lei's "evil deeds" public.

in the dock.

Meng Lei listened to Ma Ming's complaint with a gloomy expression.

His face became more and more ugly.

During these four days.

He has been through too much.

There is no greater ups and downs in the world than this.

At this moment, he is extremely regretful.

It's not that I regret not repaying the borrowed money, but I regret that I trusted the wrong person.

After he transferred his property...

Tian Shulan became more and more honest with him, and did not return home.

Go out and go shopping with your girlfriends when you have nothing to do.

After hearing that he was prosecuted and may go to jail...

He was even more ruthless and refused to pay a penny.

He couldn't afford a lawyer.

In the end, he was forced to have no choice but to apply for a legal aid lawyer from the relevant department.

after all……

This kind of lawyer is free and does not require money.

This defense attorney who can be assigned to him...

It is said to have just completed the internship period.

"Boom-"

After Ma Ming finished his defense, the gavel sounded.

The presiding judge asked in a deep voice, "Does the defendant have anything to defend against the content of the plaintiff's complaint?"

Meng Lei listened.

He couldn't help swallowing, and turned to look at his defense lawyer.

But your own defense lawyer...

The performance was obviously more nervous than him, and he was still looking around.

He didn't even notice the look in his eyes asking for help.

He cursed angrily in his heart.

I could only bite the bullet and argue: "I... I, I... I borrowed money, but I definitely didn't borrow money from so many people, and I just borrowed money, and I planned to pay it back later. It's definitely not a scam!"

"If I want to cheat, why should I use the method of borrowing money? Why should I choose my classmates to start with?"

"I encountered difficulties before, the money... I, I... I will return it all in two days!"

Facing the judge's sharp eyes.

At this moment, Meng Lei no longer dared to use rogue defense methods.

This lawsuit is different from the last one.

It won't matter if you lose the last lawsuit, at most you will lose money.

But this lawsuit...

If you lose, you will really go to jail!

In the case of a huge pit of legal aid lawyers, he must do his best to save himself.

And in court.

The presiding judge thought for a while and concluded: "According to the statements of both parties, there are two focuses in this case. First, whether the lending behavior is fraudulent."

"Second, if you borrow money and don't repay it, whether you defaulted on purpose or did not intend to default."

After summarizing.

The controversy at the heart of the case also emerged.

If the lending behavior is a fraudulent behavior, there is no doubt that Meng Lei's behavior constitutes a crime of fraud.

Also.

If the borrowed money is not repaid because of personal financial crisis and other circumstances, and it is true that the loan cannot be repaid, the crime of fraud will appear relatively minor.

The punishment can be mitigated according to law.

The same reason.

If the borrowed money is not repaid, it is a deliberate default, and the circumstances of the crime of fraud will appear very serious.

Belongs to malicious fraud.

The sentence will be more severe.

……

Jincheng.

nursing home.

"For four years in college, he actually owed more than 4 yuan in debt?"

"I have never borrowed so much money in my life. The key point is that Meng Lei didn't pay back a penny."

"In the last lawsuit, I heard that he bought a house in Yangcheng, shouldn't he be able to afford it?"

"He said he encountered difficulties. Could it be that housing prices have risen again and he can't afford a second house?"

"..."

Zhang Qingyuan and others watched the live broadcast of the trial.

Can't help complaining.

He completely scoffed at Meng Lei's answer.

Meng Lei's behavior is obviously a deliberate default.

But he actually still quibbled in court that he had encountered difficulties.

This kind of personal economic crisis, logically speaking, can be found out by the court.

"Xiao Qin, how do I feel... the other party's lawyer level is not very good."

in the crowd.

Wan Zhongyuan couldn't help but make a comment.

Qin Mu glanced at the trial screen and nodded, "It's really not that good. They will lose if they defend themselves like this."

this lawyer...

The clothes he was wearing looked like legal aid lawyers.

Not those lawyers in private law firms.

And this part of the statement is crucial to the entire trial.

It is related to the induction of the focus of the trial, as well as the subsequent cross-examination and debate.

The whole case will be handled around these two focuses.

but……

The two focuses mentioned by Meng Lei are not enough to exonerate him.

If the other party's defense lawyer is Zhang Wei, he believes that Zhang Wei's point of defense is definitely that lending is a form of economic exchange in daily life.

This kind of communication happens from time to time.

Using this as a defense point...

Illegal possession and fraud can be totally negated.

"There is still a chance of getting away with this case?"

After listening to Qin Mu's analysis, Wan Zhongyuan couldn't help but gasped.

Just now.

He just instinctively felt that the other party's lawyer was not good enough.

But after hearing what Qin Mu said, he realized that there was a universe inside.

"I can't get rid of it. The other party's behavior of borrowing money is not only suspected of fraud, but also suspected of illegally absorbing public deposits."

Qin Mu glanced at Wan Zhongyuan and shook his head.

Then the crime of illegally absorbing public deposits was mentioned again.

This charge...

Can be used to cover up crimes.

Prevent the other party's lawyer from being too powerful and pleading the crime of fraud.

Wan Zhongyuan swallowed.

He couldn't help turning his head and glanced at Qin Mu.

shivered.

Calmly moved the small bench a little to the side.

He knows that people who study the Fa are scary, but they are not so scary.

Doesn't that mean...

After meeting Qin Mu, even the best lawyer can't make a comeback?
……

Yangcheng Court.

First Criminal Tribunal.

"Boom-"

The presiding judge sounded the gavel, and then said: "Now enter the proof and cross-examination stage."

The voice just fell.

At the lawyer's table, Shi Liangping, who had been preparing for a long time, stood up.

With a cavity of anger.

Throwing out stacks of thick evidence: "This is the chat record between 34 people on our side and the defendant, which records the process of our party asking for the arrears but failing."

"These are part of our transfer and advance payment certificates, and the beneficiaries are all the other defendants."

"This is what we have learned about the defendant's economic situation in recent years and the situation of the RV."

"This is the verdict of the last civil lawsuit. The verdict has been handed down, but the other party has not yet paid back the money..."

He spoke impassionedly.

He vented all the anger that was simmering in his heart.

He has been a lawyer for so many years, and this is the first time he has encountered such an arrogant defendant as Meng Lei.

If he doesn't increase the other party's sentence to the maximum, he will be a lawyer in vain!

(End of this chapter)