Lawyer

Chapter 800 I'm Not Guilty

Meng Guangda's guess was accurate.

After the trial, the court held that the defendant, Shan Guangsheng, used the method of fabricating the threat of an explosion to extort money from several units, causing some units to close down and suffer serious economic losses. The behavior has constituted the crime of fabricating false terrorist information and caused serious consequences.

In accordance with Article 291 of the Amendment to the Criminal Law (60) and Article 12, Paragraph [-] of Article [-], Paragraph [-] of Article [-], and Article [-] of the Criminal Law, the court sentenced defendant Shan Guangsheng to imprisonment for the crime of fabricating false terrorist information. Imprisonment for [-] years, deprivation of political rights for three years; tools of crime shall be confiscated.

After the judgment of the first instance was pronounced, the defendant Shan Guangsheng refused to accept it and filed an appeal.The court of second instance ruled to dismiss the appeal and uphold the original judgment.

Of course, Meng Guangda didn't know it yet.

"Your Tieguanyin belongs to Yunwu Tea House, right?" Du Yong picked up the tea box on Meng Guangda's table, looked at it and said.

"How do you know?" Meng Guangda was taken aback and smiled.

"I also have a box here." Du Yong said with a chuckle: "Follow Boss Fang, there are enough tea tubes, and the tea in Yunwu Tea House is really good."

Meng Guangda also laughed.

After Gu Mingguo's loan fraud case was sent back for retrial by the High Court, the trial finally started.Not only Gu Mingguo's wife Yu Wanru attended the audit, but even the bank sent someone to attend.

"...Defendant Gu Mingguo fabricated a lie, obtained a new house certificate from the real estate department by deceptive means, and used it as a mortgage certificate to sign a loan contract with the bank and obtained a loan of 200 million yuan. loan.

In addition, Gu Mingguo did not use the loan in the manner stipulated in the contract, but used it for economic activities such as futures trading and purchasing companies, which should be regarded as the use of the loan in breach of contract.

When Gu Mingguo failed to repay the loan to the bank for a long time, he signed an agreement with others to transfer the company under his own name, and the buyer of the company assumed Gu Mingguo's loan debt of 200 million yuan in the bank. There was obviously an intention to evade the debt. .

The above-mentioned behavior of the defendant Gu Mingguo violated the provisions of Article 193 of the "Criminal Law of the People's Republic of China". The facts of the crime are clear and the evidence is reliable and sufficient. He should be investigated for criminal responsibility for the crime of loan fraud.According to the provisions of Article 176 of the "Criminal Procedure Law", if a public prosecution is filed, please sentence it according to law.

The indictment has been read out. "The prosecutor glanced at Gu Mingguo in the dock with a righteous face.

"Defendant Gu Mingguo, did you hear clearly the indictment read out by the public prosecutor just now? What crime do you accuse you of? Do you have any objection to the criminal facts charged in the indictment?" The presiding judge is a male judge with two big bull eyes. , looking towards the dock.

"I disagree with the procuratorate's accusation. I did not have the purpose of illegally possessing the loan, and there was no deception. The operator of the entire loan was Zhao Jinku, director of the credit department of Yuancheng Commercial Bank. I did not conceal the fact that the house had already been loaned. And take active measures to repay the loan, I am innocent." Gu Mingguo felt wronged.

"The public prosecutor can interrogate the defendant on the criminal facts charged in the indictment." The presiding judge said.

……

"The facts of this case have been investigated clearly, the court investigation is over, and the court debate is now beginning. The court debate mainly revolves around the disputed facts that have not been certified by the court and how to apply the law based on the facts.

Let the prosecutor speak first. " said the presiding judge.

The public prosecutor's statement is basically consistent with the allegations, and it is recommended that the court sentence the defendant Gu Mingguo to life imprisonment.Then the defendant defended himself, and the content was roughly the same as what he said before.

"The defendant's defender made his defense opinion." The presiding judge looked at the defense seat.

"Presiding judge, judge: The defender believes that the defendant Gu Mingguo does not constitute a crime of loan fraud for the following reasons:

According to the Minutes of the Symposium on the Trial of Financial Crime Cases by the National Courts (2001), if there is evidence to prove that the perpetrator did not have the purpose of illegal possession, and obtained the loan by fraudulent means because he did not meet the conditions for the loan, there was evidence at the time of the case. Ability to fulfill the loan repayment obligation, or the failure to repay the loan at the time of the case is due to reasons other than will, such as poor management, being deceived, market risks, etc., should not be convicted and punished for the crime of loan fraud.

The defender believes that, based on the above minutes, it cannot be determined that the defendant has the subjective purpose of illegally possessing the loan simply because the defendant used fraudulent means to actually obtain the loan or the loan cannot be repaid when it expires. Instead, the principle of consistency between subjectivity and objectivity should be adhered to. Concrete analysis of specific situations.

On the basis of a comprehensive analysis of the actor's ability to perform the loan, the means of obtaining the loan, where the loan is used, the reasons why the loan cannot be repaid, etc., and relevant objective facts, determine whether the actor has the purpose of illegally occupying the loan, whether Constitute loan fraud.

In this case, the facts of the case accused by the public prosecution agency can be summarized as follows: the defendant Gu Mingguo obtained a bank loan of 200 million yuan by using a false property right certificate, of which 100 million yuan was used for speculating in futures and incurred losses, and the other 100 million yuan was used to purchase Equity in engineering companies.

Gu Mingguo did not repay the loan even after being urged by the city commercial bank many times.After that, Gu Mingguo planned to repay the loan with the loan through the transfer of the engineering company, but the case occurred because the bank failed to approve it during the transfer process.

The evidence in the case shows that Gu Mingguo did use fraudulent means to obtain a bank loan by using a false property right certificate as a guarantee, and changed the purpose of the loan without authorization after the loan. He did not use the loan for company operations, but for the purchase of fixed assets and However, based on the facts of the whole case, it cannot be determined that Gu Mingguo subjectively had the purpose of illegal possession.The specific reasons are as follows:
[-]. Judging from the ability to perform the loan at the time of the loan, first, Gu Mingguo purchased and obtained the property rights of the three-story office building, and second, the defendant held equity in the engineering company.It can be seen that Gu Mingguo has the ability to perform the contract.

Although Gu Mingguo mortgaged the same building for three loans, except for the one that was sued, one of the other two loans has been paid off, and the other is a normal loan, and most of the principal has been returned.

[-]. From the perspective of the purpose of the loan, Gu Mingguo did not spend money or abscond with the money, but used it to purchase an engineering company and operate it.

If the defendant uses fraudulent means to obtain loans and uses them for business activities, even high-risk business activities such as stock speculation, futures speculation, and real estate development, and the funds cannot be returned objectively, if there is no other proof that the defendant has The fact that the purpose of illegal possession should not be punished as a crime of loan fraud.

200. From the perspective of loan repayment, Gu Mingguo transferred the engineering company to a third party outside the case. Afterwards, the two parties negotiated with the Xijiao Sub-branch of the city commercial bank to mortgage the company's land and factory buildings for a loan of [-] million yuan, and repay the loan with the loan. The true meaning of the three parties.

The land of the engineering company was valued at more than 120 million yuan by the land appraisal agency, and the value of its real estate was 160 million yuan.

It can be seen that Gu Mingguo has been actively looking for ways to repay the loan, and has successively repaid nearly 10 yuan of loan principal and interest during the period. Gu Mingguo has not refused to repay the loan.

To sum up, Gu Mingguo subjectively did not have the purpose of illegally occupying loans from city commercial banks, and his behavior did not constitute the crime of loan fraud.complete. After Fang Yi put down his defense, he looked at the examiner.

……

(End of this chapter)