Lawyer

Chapter 805 Bottleneck
"Next, I invite the defender of the appellee to express his defense opinion." The presiding judge looked at the defense seat after speaking.

"The presiding judge and the judges: the defender believes that the appellee Gu Mingguo in this case did not have the purpose of illegally occupying the loan. The original judgment found the facts clearly, the evidence was reliable and sufficient, and the law was correctly applied. The specific reasons are as follows:
[-]. Gu Mingguo successively applied to the court for mortgage loans with the same office property. Although there were repeated mortgages that exceeded the value of the collateral, and Gu Mingguo was already heavily in debt at the time of the loan, his ability to perform the contract was indeed insufficient.

However, Gu Mingguo used the same property to apply for mortgage loans three times successively. Except for the one that was sued, one of the other two has been repaid, and the other is a normal loan, and most of the loan principal has been returned. This not only directly shows that Gu Mingguo’s loan There is a corresponding repayment ability after the loan, which is not "heavy in debt and seriously insufficient in performing the contract". It can also indirectly confirm that although Gu Mingguo used a false property right certificate as a guarantee, he did not use it for his own purpose after the loan was issued.

[-]. The equity, legal representative, chairman and general manager of the engineering company have been changed from Gu Mingguo to a third party outside the case.From the testimony of a third party outside the case, it can be seen that the equity transfer of the engineering company has been completed, and it is clearly stated that the non-transfer of some assets is due to its voluntary abandonment, because this part of the assets has nothing to do with the business of the engineering company.

[-]. Although Gu Mingguo obtained bank loans by fraudulent means and did not use the loans as agreed in the contract, Gu Mingguo used the loans to purchase fixed assets and futures transactions, and was able to actively seek ways to repay the loans. Subjectively, it has the purpose of illegally occupying bank loans, and the evidence is obviously insufficient.

In summary, the defender believes that Gu Mingguo's behavior cannot be treated as loan fraud.None of the grounds for the protest raised by the public prosecution agency can be established, and the court is requested to reject the protest and uphold the original judgment in accordance with the law.complete. "Fang Yi issued a defense opinion.

……

After walking out of the Provincial High Court, Gu Mingguo stretched out his hand and shook Fang Yi's hand tightly: "Thank you, Lawyer Fang. It's been more than half a year, and I'm finally relieved. It seems like a heavy burden has been lifted from my heart."

Yu Wanru who was on the side also looked at Fang Yi with gratitude in his eyes.

That's right, the Provincial High Court adopted Fang Yi's defense opinion, ruled to dismiss the protest and uphold the original judgment.

At noon, Gu Mingguo and his wife invited Fang Yi and Yun Qiao to have lunch at a high-end restaurant in the city to show their gratitude.

……

On this day, Meng Guangda walked into the law firm with a bag full of excitement.

"Lawyer Zhou, good news." After Meng Guangda finished speaking, he picked up the mineral water bottle and drank two big gulps to moisten his throat.

"What a good thing, you found the wallet, or won the 500 million prize?" Zhou Ying looked at him with a smile.

"Not at all, the case of Zhou Zhixue in your village has been judged!" Meng Guangda laughed.

"Oh? How was the sentence? Is it similar to what you expected, probation?!" Seeing Meng Guangda's happy face, Zhou Ying asked hurriedly.

"Much better than I expected, exempted from criminal punishment." Meng Guangda said.

The court held that the defendant Zhou Zhixue built a two-story building and purchased old materials. In order to demolish the house, he ordered Geng Gui to save money as much as possible. To the second floor, the building eventually collapsed, resulting in two deaths and two injuries.

Subjectively, the defendant was negligent, but objectively, his behavior had a causal relationship with the consequences of two deaths and two injuries, and his behavior conformed to the legal characteristics of the crime of negligent death.

However, considering that the defendant Zhou Zhixue played a secondary role in the whole accident, the circumstances of his crime were minor and he did not need to be sentenced to criminal punishment, so he could be exempted from criminal punishment.In accordance with the provisions of Article 233 and Article 30 of No. [-] of the Criminal Law, the judgment: the defendant Zhou Zhixue committed the crime of negligent death and was exempted from criminal punishment.

"Great, Zhou Zhixue's daughter-in-law didn't treat you to a meal, thank you? I took a taxi early in the morning to go to the county court." Zhou Ying asked with a smile.

"Please, after the verdict was pronounced, Zhou Zhixue's daughter-in-law kept thanking me. Then she treated me to a big meal at a big restaurant in the county. I just don't know if the procuratorate will protest. After the verdict is issued Let's talk." Meng Guangda replied.

"Okay, Deng Qingxia called, I'll answer it, probably to thank me." While the two were talking, Zhou Ying's cell phone rang.

Shortly thereafter, the judgment of the first instance was issued, and the defendant Zhou Zhixue did not appeal, nor did the procuratorate protest, and the judgment became legally effective.

……

In the office, Fang Yi sat on the sofa and looked at the four team members sitting or standing around (because the non-staff member Wu Qinghui went to let himself go after the exam, so only Zhou Ying and the other four were left).

"Everyone has worked hard during this period. Our team has achieved good results in several consecutive cases. We will have a holiday on October [-] soon. The team decided to give each lawyer a shopping card worth [-] yuan.

In addition, we will have dinner tomorrow Friday night. It has been a long time since we have organized a team. Let's get together, chat and relax. "Fang Yi said with a smile.

"Thank you, Boss Fang." Zhou Ying took the lead to express her thanks.

"Master, shall we have dinner by ourselves or with other companies?" Yun Qiao asked treacherously.

As soon as everyone heard this, they immediately understood that every time they had a meal together, they were with people from Yunwu Tea House or Tea House.

"Let's get together by ourselves. You can bring your family over for this dinner. Report the number of people coming to Yun Qiaoha before noon tomorrow. After get off work, let's go to the buffet.

All right, that's it, Yunqiao sent everyone the shopping cards. "Fang Yi ordered.

Fang Yi asked everyone to bring their family members to the party, in order to try to let the family members of the lawyers in the team get to know each other and get acquainted with each other, so as to increase the cohesion of the team and give everyone a sense of belonging.

Over the years, Fang Yi has participated in many colleagues' gatherings and team dinners. To be honest, most of the time he just went through the motions and asked everyone to improve the food, which did not have the desired effect at all.

That's why Fang Yi wanted to cultivate everyone's sense of belonging to the team and the recognition of the lawyer's family while the team was still weak, so that the team could be more like a big family rather than a simple work combination.

Of course, this is just Fang Yi's idea, and it's hard to say whether it can be realized.After all, in many cases, the ideal is full, but the reality will keep slapping your mouth.

However, Fang Yi had another idea for asking everyone to bring their families to dinner, and that was to ask Yun Qiao to bring Yun Mei, so that the latter would appear more natural in contact with Xiao Zhi.This is also Yunmei's idea to Fang Yi.

In fact, the relationship between Fang Yi and Yunmei has reached a bottleneck, and the bottleneck that cannot be avoided is Fang Anzhi.If you want to break through the bottleneck, you have to talk to Fang Anzhi. Fang Yi and Yunmei didn't think about how to talk, and they were afraid that it would affect Xiaozhi's studies.

(End of this chapter)