Lawyer

Chapter 583 The Water Is Too Deep

The next day, in the office, after reading the case files, Zhou Ying assisted Fang Yi to go through the case of Yu Sanqiang's loan fraud case again.

"Lawyer Fang, I don't think there is any room for defense in this case. Yu Sanqiang sold the collateral privately after getting a loan from the credit union. This in itself implies deception." Zhou Ying held a small book in her left hand, and kept turning it in her right hand. Signing pen, frowning and looking at Fang Yi.

"Even defrauding loans depends on the circumstances. There are loan frauds and loan frauds, which do not necessarily constitute crimes." Fang Yi put down the case file in his hand, thought for a while, and said.

"Loan fraud and loan fraud?" Zhou Ying was at a loss, her eyes were full of confusion, and she didn't quite understand.

"To say something that everyone understands, but it is extremely difficult to do: legal professionals must base their facts on the basis of the law and take the law as the criterion. In the absence of a clear understanding of the facts and analysis of the legal provisions, it is best to be cautious in words and deeds, and do not Assertions are either OK or not.

You can read Article 190 of the "Criminal Law" to see how it is stipulated. After Fang Yi finished speaking, he picked up his teacup and took a big sip.

Zhou Ying took the thick criminal law on Fang Yi's desk and began to look through it: "Article 190 stipulates that under any of the following circumstances, for the purpose of illegal possession, defrauding banks or other financial institutions of loans, the amount of which is relatively large ...:
([-]) Fabricating false reasons for introducing funds, projects, etc.;
([-]) using false economic contracts;
([-]) Using false certification documents;
([-]) Using false property right certificates as guarantees or repeated guarantees exceeding the value of the mortgaged property;
([-]) Defrauding loans by other methods. "

"Article 190 of the "Criminal Law" is about the provision of loan fraud. Loan fraud is usually a loan dispute, that is, a civil dispute. resulting in economic disputes.

From a fraud point of view, loan fraud is similar to loan fraud.For example, the five cheating methods stipulated in Article 190 of the "Criminal Law" may appear in the above two acts.

However, in terms of legal liability, there is a world of difference between the two: fraudulent loans are a criminal offense and must bear criminal responsibility; while obtaining loans through fraudulent means, even if the amount is large and cannot be repaid when due, will not constitute a crime, but only civil law. dispute.The difference between the two lies in whether the borrower has the purpose of illegal possession.

Whether there is a purpose of illegal possession is not based on talk, but must be analyzed comprehensively. "Fang Yi explained.

"Oh, I see. I'll look at the case file again and focus on analyzing whether the defendant had the purpose of illegal possession of the loan.

By the way, Lawyer Fang, the high court has called, and Yu Sanqiang's loan fraud case will start at 20:[-] am on NO.[-] of this month. "Zhou Ying said while tidying up the file.

In the afternoon of the next day, Fang Yi was busy revising Zhou Ying's defense opinion on Yu Sanqiang's case, when suddenly the landline on the desk rang, and Wan Kefa asked him to drink tea next door.

"How is it? Is there any drama in Yu Sanqiang's case?" Wan Kefa poured Fang Yi a cup of tea and said with a smile, "His younger brother Yu Sangeng called to ask. Third Geng... urged!"

"Well, I'm going to defend Yu Sanqiang's innocence. The defense is almost ready. I will go to the detention center to see Yu Sanqiang again tomorrow morning. Let's talk about the defense plan." Fang Yi decided to take a gamble, just in case it succeeds This year's income generation has been completed ahead of schedule.

Wan Kefa picked up the purple sand pot and was pouring tea for himself. He was startled when he heard this, and looked up at Fang Yi: "Are you really going to plead not guilty? Are you kidding, for the 220 million legal fees?"

"Old Wan... the tea is full, and it will overflow..." Fang Yi pointed to the fat old man's teacup and reminded.

Wan Kefa hastily put away the purple sand pot, and took out a few facial tissues to wipe the overflowing tea on the table: "I said, if you don't make money this time, you will have another chance next time, so be careful."

"What's so unstable about this..." Fang Yi pretended to be disapproving and said, "Let's talk about whether you have a date or not. If you hit it..., even if you don't hit it, there will be 50 legal fees at the bottom. Why are you in a hurry. Besides, don't you say you have a chance. "

"I just said that, didn't I want to give you confidence, you are still serious... no... The key is that if you throw out this word, the final result is not satisfactory, the consulting unit behind me and the project I am working on will be very difficult. It’s not easy!” Wan Kefa frowned.

"Don't worry! I haven't reached the point of talking nonsense for more than 200 million legal fees.

I have read all the case files, the court of first instance did have loopholes in the judgment, we have a chance.Of course, it depends on the right time, place and people. God can't open his eyes.If you meet a judge who understands, it will be easy to handle. "Fang Yi chuckled.

"Xiao Fang! Don't bring such a thing. I'm old, and this old heart can't bear the roller coaster flicker." Wan Kefa clutched his chest, pretending to be frightened.

"Okay! Lao Wan, your performance in this play is far worse than that of Lao Huang. You can't win the Oscar statuette. The heart is on the left, not in the middle... the stomach is the point below." Fang Yi pouted.

At this moment, Director Hua knocked on the door and walked in: "Old Wan, I can help you with the non-performing assets that you told me, and collected all the debts from the credit union at a discount of [-]%... Yo, Lawyer Fang is here too."

"Come on, Laohua, Pinpin, the authentic Dahongpao." Wan Kefa poured a cup of tea for Hua Liancheng and handed it over: "Xiao Fang is not an outsider. He is the one who handled Yu Sanqiang's case. What do you say?" your."

"Okay. The credit union was beeping non-stop at first, and then I sent someone over to hang them out for a few days, and then they called and said they agreed.

This group of people is cheap, thinking that they are rich, and they don't look at how much the non-performing rate of their own loans has increased, and they can't cover it with ten caps.A bunch of second-hand goods.

Let me tell you that now the higher authorities are very strict on the non-performing ratios of various financial institutions, and the life of financial institutions is not easy. This time we send people to collect non-performing loans from credit unions to give him face. The management company has a lot of non-performing loans, which are cheaper than them and of better quality, so why should we want them.

The non-performing loan of the top three prefabricated component company you mentioned has been collected, and the rest is up to you. "Hua Liancheng looked proud.

"Forget it, isn't this what the customer asked for by name, and we don't need to buy it with money, so stop nagging, why are there so many things to charge for tolls?" Wan Kefa squinted at Hua Liancheng.

Fang Yi listened to the bickering between the two, and the more he listened, the more he felt that the water was too deep.Sure enough, the way for rich people to make money is wild, and their emotional vision and overall situation are used in this.The fat old man's concern about this case is definitely not to earn the 220 million legal fees.

Sure enough, people are old, horses are slippery, and rabbits are hard to catch.

(End of this chapter)