Lawyer

Chapter 584 You Can't Ask Me About This

"Xiao Fang, you are not an outsider. You have to keep everything the three of us said today. Do you understand?" Wan Kefa looked at Fang Yi.

Fang Yi hurriedly nodded and made a statement.

Early the next morning, Zhou Ying followed Lawyer Song to a court case. She and Lawyer Song went to court, and Fang Yi went to the detention center alone to meet Yu Sanqiang.

After listening to Fang Yi's defense plan, Yu Sanqiang just nodded, without even a spark in his eyes: "You lawyers really rely on their mouths to make money, and you can fool each other better than the other.

The lawyer Ma told me that this case was nothing serious and he had something to do with it. As a result, I was sentenced to ten years in prison.Later, he came to see me again, and told me that even if he was sentenced, he would still be able to get me out. At worst, he would have to commute his sentence and release him on medical parole...

Now you are telling me to defend innocence, is it reliable?do you know the judge "

"I don't know you, whether you are reliable or not, I said, do you believe it? Anyway, the procuratorate did not protest your case, and the worst is [-] years in prison. What if it succeeds, don't you think?" Fang Yi seemed He looked at Yu Sanqiang with a smile that wasn't a smile.

He figured it out, the Yu always in front of him had been bitten by a snake for ten years and was afraid of well ropes, so he didn't believe in lawyers at all.

"Okay! Let's do it like this. If you can get me out, I'll set up a water table and treat you to dinner for a week." Yu Sanqiang made the decision.

Yu Sanqiang's case finally opened, and the auditorium was full of people, most of them were members of the Yu family, the rest were friends of the Yu family, and two employees from the credit union sat on the far side.

Before entering the court, Fang Yi met Yu Sangeng. Yu Sangeng looked very gentle. It is said that he came back from studying abroad. Later, he married a daughter-in-law who was quite ordinary (you can rest assured), but had a good background. .

After several years of "struggle", Yu Sangeng took over a large-scale construction company in the local area. With the support of his father-in-law, his company has projects all over the country.

The presiding judge sitting on it was a male judge with a square face and a tall and burly figure. He was the chief judge of the criminal court.The other two judges, a man and a woman, the man was in his forties and looked like a serious peacemaker;

The procuratorate has well implemented the principle of matching men and women to work without getting tired. On the public prosecutor's bench, the male prosecutor who sits at the top is in his 30s, and it is the prime time of youth.The female prosecutor is relatively young and heroic.

……

After the judge read out the judgment of the first instance, the presiding judge looked up at Yu Sanqiang who was sitting on the appellant's seat: "Next, the appellant Yu Sanqiang will read out the appeal petition or state the reasons for the appeal."

"I don't think I constituted a crime of loan fraud. When I sold assets such as factories and office buildings to Jiang Lin, I had an agreement with him, and he would repay the loan on his behalf. At that time, I didn't write clearly because it was urgent.

Later, Jiang Lin broke his promise and refused to admit that he had repaid the loan on behalf of Sanqiang Prefabricated Parts Company. For this reason, I sued him to the court, and the court found that the sales contract between me and him was valid.

I refused to accept the appeal and filed an appeal, but the second-instance court upheld the judgment of the first-instance court, which eventually caused me to be unable to repay the loan. I did not have the subjective intention of illegally possessing the loan, so it does not constitute a crime of loan fraud..." Yu Sanqiang is worthy of starting from the bottom. After so many years in the society, sitting in court is not at all timid, and he behaves very calmly. Of course, he heard Fang Yi say some things.

"Next, the appellant's defender will announce the reasons for the appeal," said the presiding judge.

"The defender believes that the facts of the case found in the first instance were unclear, the law was wrongly applied, and the appellant did not constitute a crime of loan fraud.

Judging from the evidence in the case, the appellant Yu Sanqiang did not resort to fraudulent means when taking the loan, and the loan procedures all met the requirements of credit unions and were legal and compliant.

Although some loans have the problem of borrowing new ones to repay old ones, and some loans have not been used for loan purposes, this is only a violation of the agreement. In fact, the loans are used for the operation of the enterprise, and there is no such thing as squandering or private embezzlement. possession situation.Later, due to business problems, the appellant was unable to repay the loan, so he sold the collateral in order to repay the debt.

Looking at the whole case, the credit union also had certain faults. As a professional financial institution, the credit union’s business personnel were not high-level, which led to the failure to go through the real estate mortgage registration procedures in time after signing the loan mortgage contract.

According to the "Property Law" (currently the "Property Law" has been replaced by the "Civil Code"), if the two parties fail to handle the mortgage registration in time after signing the mortgage contract, the mortgage right has not been established.If the creditor claims to enjoy the mortgage right, it should not be supported by the court.Therefore, the failure of the credit union to realize the mortgage right should not be entirely attributed to the appellant.

If the above-mentioned mortgage is legal and valid, the credit union can take legal means to take back the mortgage at any time, which will not cause the consequence that the loan cannot be recovered.

After the appellant Yu Sanqiang transferred the pledged property, he actually resorted to litigation to recover the pledged property. It can be seen that the cause of this case was that the credit union loan could not be recovered due to the failure to establish the mortgage right, and the appellant did not have illegal possession. It should not constitute the crime of loan fraud.complete. Fang Yi looked at the judge after expressing his appeal.

"Appellant Yu Sanqiang, do you have any objection to the facts and charges identified in the first-instance verdict?" asked the presiding judge.

"I have objections. I have objections to the facts and charges found in the first instance. I did not cheat the loan at all. It was the idea of ​​the loan officer of the credit union to repay the old loan with a new loan, saying that it would give me a loan. , guarantee my financial needs.

I have used the loan for the company’s operations. I didn’t take any money. If you don’t believe me, you can check the accounts. I also checked the accounts in the first trial, and there is no problem..." Yu Sanqiang expressed his opinion with full confidence. Seeing what he means, he is better than the judge. And the prosecutors are still confident.

"The prosecutor questioned the appellant about the facts found in the first-instance verdict." The presiding judge stopped the pen in his hand and looked towards the public prosecutor's seat.

"Appellant Yu Sanqiang, after you signed a mortgage contract with the credit union, and after the loan was processed, what caused the credit union to fail to go through the mortgage procedures? Does the mortgage have a legal title certificate?" asked the inspector.

"There must be. If the factory buildings and office buildings don't have title certificates, can the credit union give me a loan? They like real estate the most. Isn't that what banks do when they lend? They only recognize real estate, and that's all they have." Yu Sanqiang clanged replied forcefully.

"Since there is a property right certificate, why didn't you go through the mortgage procedures?" The inspector was very unhappy with Yu Sanqiang's attitude.

"You can't ask me about this. I'm a small boss who graduated from junior high school. The people in the credit union are much more educated than me. I will do whatever they ask me to do. I don't know why they don't go through the mortgage procedures.

You have to think this way, can they give me a loan if I don't do what they say?They don't go through the mortgage procedures, so I have to read the legal regulations, lick my face, chase people's buttocks and tell them: Hey, you didn't go through the mortgage procedures, this is wrong!

Who is the professional lender and who is the lender?I am a borrower, do I have that obligation?Besides, I don't understand my level of education! "Yu Sanqiang, the procurator who was holding his neck, was full of anger in his stomach.

(End of this chapter)