Lawyer

Chapter 533 Illegal Debt
"So, 20 is nothing to her. Originally, I wanted to ask her for 50, but after all, it was not her son who was imprisoned, but her nephew. Although she took good care of this nephew, after all, relatives No, the lawyer's fee is too high, and she will definitely not pay it.

You have to study the client's psychology. We are the largest law firm in the province, and you are a partner of our law firm. The partner needs 20 yuan in legal fees. Is it too much?
The most important thing is that Jin Yan has the ability to trust us.Handle the case well for her, don't fool her, as for the outcome, let her do what she wants, some things are beyond the control of lawyers. "Wan Kefa said.

"Well, don't worry. I have asked Zhou Ying to meet with the detention center and review the papers of the procuratorate." Fang Yi said.

The next morning, Fang Yi and Zhou Ying met Jin Yan's nephew Ding Quan in the detention center.Ding Quan is in his thirties, a little bald, with a slightly fat body and an obvious beer belly. He doesn't look like a treacherous person.

"Ding Quan, do you know what the procuratorate charged you with?" Fang Yi asked.

"I know, kidnapping." Ding Quan said.

"Your family is well off, why do you do this?" Fang Yi asked in confusion.

All crimes have motives, some are impulsive, some are persecuted for a long time, and some are for revenge. In short, there will be no love without reason, and there will be no crime without reason.And the motive for the crime matters to defense attorneys.

Ding Quan looked up at Fang Yi: "This time I was arrested on impulse..."

He is a small entrepreneur with ideals and pursuits, and he wants to make his auto repair shop bigger and stronger.

At the beginning of this year, a factory called Hongye in the next county was about to be transferred.After Ding Quan got the news, he went to see it. He felt that the location of the factory was good, the transportation was convenient, the land certificate and real estate certificate were complete, and the procedures were legal.

The most important thing is that Hongye Factory is in the same industry as his factory, both of which are engaged in auto repair, and a lot of equipment can be used. The boss of Hongye Factory, Zhou Wang, is very business-minded, and has made a lot of money running the auto repair factory for many years , Now that I am old, I want to retire bravely, so I want to sell the shares of the factory.

After some bargaining, Ding Quan and Zhou Wang signed an equity transfer contract for the auto repair factory.According to the contract, Zhou Wang transferred all the equity of the auto repair factory to Ding Quan at a price of 1608 million yuan, with a deposit of 10 yuan, and the full payment was made within one month.

Ding Quan immediately paid a deposit of 10 yuan.As a result, shortly after the payment, an accident occurred in Ding Quan's factory. Two employees were killed and the other was injured. Because it was a work-related injury, he did not pay the employees social insurance, and he had to pay all the death compensation and hospitalization expenses.The funds in his hand suddenly became tense.

Originally, he wanted to borrow some money from his aunt Jin Yan to turn around, but it happened that Jin Yan was going abroad to watch a project just in time.

Seeing that one month was approaching, Ding Quan found Zhou Wang and agreed to postpone the transaction for half a month. To show his sincerity, he paid Zhou Wang another 10 yuan, and promised verbally that if the full payment could not be made by the due date, He doesn't want the 20 yuan.

Because Jin Yan has not returned from abroad, Ding Quan failed to raise all the equity transfer funds after the due date.Zhou Wang then sold the shares of the factory to other people.

After that, Ding Quan became more and more useless, so he approached Zhou Wang to discuss the refund, but Zhou Wang naturally disagreed.Later, Ding Quan asked the middleman Zhao Bao to come forward to intercede, but Zhou Wang only agreed to refund half of it, 10 yuan.Dante totally disagrees.

After that, Zhou Wang transferred 10 yuan to Zhao Bao, the middleman, and asked him to pass it on to Ding Quan. At that time, Zhao Bao's company needed working capital, so he decided to keep 10 yuan for his own use, without informing Ding Quan of the matter.Ding Quan didn't know about it.

Ding Quan set his sights on Zhou Wang's two-year-old grandson when he had no hope of recovering the money many times.At noon a few days later, he drove to the door of Zhou's house, saw Zhou Wang's grandson playing in front of the door, carried him into the car, and drove away.

Afterwards, Ding Quan called Zhou Wang and asked for 20 yuan to replace him, and he tore up the ticket when he called the police.Zhou Wang told him that 10 yuan had been refunded, and sent him the bank transfer records. Only then did Ding Quan know that Zhao Bao, the middleman, took 10 yuan and did not tell him.

Later, Ding Quan changed the demanded money from 20 yuan to 10 yuan. In order to save his grandson as soon as possible, Zhou Wang transferred 10 yuan to Ding Quan through his bank account, and then went to the designated place to pick up his grandson.Afterwards, Zhou Wang called the police, and the police quickly arrested Ding Quan and brought him to justice.

"Have you ever thought about the legal consequences of kidnapping?" Fang Yi asked.

"I thought about it, but I was in urgent need of money at the time, and I couldn't borrow it." Ding Quan said and lowered his head.

"Why don't you borrow money from your little uncle?" Fang Yi asked.

"My little uncle has always looked down on my family, and the relationship with my little aunt is not very good. So..." Ding Quan said.

"You were arrested, who is managing your auto repair shop?" Fang Yi asked.

"I have made it clear to the masters in the factory that I will pay all the money to everyone, and I will not owe them wages. In addition, I asked the old master Gao in the factory to help my daughter-in-law deal with the factory, and exchange some money for The two of them lived. Even if I was sentenced to more than ten years, the two of them would not have to worry about eating.

I really have no choice. Two employees died and one was injured. I have already spent a lot of money. The factory cannot survive without working capital.I also have no choice. "Ding Quan said with a troubled face, scratching his scalp with both hands.

"Did you hurt Zhou Wang's grandson?" Fang Yi asked.

"No, I put the child in the hotel, and I didn't treat him badly for three meals a day." Ding Quan said.

After leaving the detention center, Zhou Ying started the car and asked suddenly: "Lawyer Fang, I remember that you had a case similar to this one before, but the parties in that case wanted legal debts, and the court finally found that it was the crime of illegal detention. Convicted of kidnapping.

In this case, the party asked the other party for a deposit of 10 yuan. According to the law, Ding Quan breached the contract first, so it is legal for the other party not to refund the deposit to him. For the later payment of 10 yuan, Ding Quan verbally promised that he would not want it if he breached the contract.

In this case, the 20 requested by Ding Quan is not a legal debt, and strictly speaking, it is not a debt.If that's the case, does it have to be dealt with as the crime of kidnapping? "

Fang Yi smiled: "Yes, I still remember the case we handled before. According to the provisions of Article 230 of the "Criminal Law", anyone who illegally seizes or detains others for the purpose of extorting debts shall be dealt with as the crime of illegal detention.

However, in this case, the dispute between Ding Quan and Zhou Wang has not passed the court, so the dispute has not been resolved. In this case, this case is not without a chance. You can go back and check the judicial interpretation.In the afternoon, let's go to the procuratorate and finish reading the papers. "

In the next few days, Fang Yi and Zhou Ying have been busy with Ding Quan's case, preparing for the trial.

(End of this chapter)