Lawyer

Wei Xuan had no choice but to call his relatives and friends about the loan, but after a round of phone calls, when he heard about borrowing money, his relatives and friends gave various reasons. To sum it up in one sentence: no money.

Liu Xiaomin was dumbfounded, he didn't expect Wei Xuan's popularity to be so unpopular.

Wei Xuan was also stunned. Before, he was good to his relatives and friends, and he didn't let anyone have troubles. How come he changed his face when he mentioned borrowing money. I really don't know if I don't try it. I was shocked when I tried it.

In the past few years, Wei Xuan has been busy with renovations from morning to night, and it looks very good. In fact, a lot of money has not been recovered, and it has become a triangular debt.Relatives and friends all knew about his situation, and they were afraid that he would not be able to repay the money, so when they mentioned borrowing money, they pushed back and forth.

In desperation, Liu Xiaomin came up with an idea and asked Wei Xuan to draft and sign a loan agreement, the content of which was: I lent Liu Xiaomin RMB 150 million, and guaranteed that all the money would be paid within one month. I would pay 5 yuan in advance on the day of signing, with an annualized interest of 15.00%, and pay it off within two years.

Liu Xiaomin used his real estate as collateral, and the two parties agreed that Liu Xiaomin would help Wei Xuan collect debts without compensation.

After the agreement was signed, the two took a taxi back to the city.When Wei Xuan went to the People's Hospital for medical treatment, Liu Xiaomin ran away because he was afraid of being discovered by the police.Seeing that Liu Xiaomin had run away, Wei Xuan immediately borrowed a mobile phone and called the police.

Early the next morning, Liu Xiaomin was arrested by the police and brought to justice.

More than two months later, the People's Procuratorate brought the defendant Liu Xiaomin to the court for the crime of forced trading.

The district court held that the defendant Liu Xiaomin, for the purpose of illegal possession, used violent means in the name of borrowing money to forcibly rob other people's money and caused minor injuries.

Defendant Liu Xiaomin used violence on the spot to force others to "borrow" and to raise part of the money on the spot. This is not a forced transaction in a market transaction, forcing others to provide or accept services. The procuratorate charged defendant Liu Xiaomin with the crime of forced transaction.

Although the defendant Liu Xiaomin did not receive a huge amount of money, he caused minor injuries to the victim during the robbery, which is an accomplished crime.Accordingly, in accordance with the provisions of Article 263, Article 2000, and Article [-] of the Criminal Law, the defendant Liu Xiaomin was sentenced to six years in prison for the crime of robbery and a fine of RMB [-].

After the verdict was pronounced in the first instance, Liu Xiaomin appealed on the grounds that he borrowed money from Wei Xuan and had no purpose of illegal possession, and that his behavior constituted the crime of forced trading.

Liu Xiaomin's sister, Liu Xiaohua, saw that her younger brother had been sentenced to six years in prison, and was very dissatisfied with her previous lawyer, so she approached Li Mingbo.

Li Mingbo's family lived in the same community as Liu Xiaohua's. She wanted to ask Li Mingbo to defend her brother, but Li Mingbo went to the detention center and met with Liu Xiaomin. After learning all about the situation, she believed that the case was very likely to be dismissed at the second trial, but Liu Xiaohua did not agree.

Later, I don't know who told her that Li Mingbo knew Fang Yi and had a good relationship, so she asked Fang Yi for further consultation.

When Fang Yi practiced in the county, almost everyone in the county knew him. Liu Xiaohua had also heard of Fang Yi. She thought that Fang Yi might have a solution, so she went to grind Li Mingbo. Li Mingbo really had no choice but to call Fang Yi. After making an appointment, the two came to Wanhua United Law Firm for consultation.

Seeing Fang Yi put down the verdict, Liu Xiaohua looked at him: "Lawyer Fang, do you think my brother's case can be changed?"

"Your brother borrowed 150 million yuan from Wei Xuan and mortgaged his real estate. Does your brother have any real estate?" Fang Yi looked at Liu Xiaohua.

"How can he have real estate mortgages! Such a big man, if he had a house, he would have married a wife long ago, and why would he go to gamble all day long? No, he definitely doesn't have real estate." Liu Xiaohua shook her head and replied.

"Lawyer Fang, the procuratorate believed in the first instance that Liu Xiaomin forcibly wrote an IOU against the victim's wishes and did not pay for the victim's settlement. He used violent means to force others to trade, and the circumstances were serious. Liu Xiaomin's behavior constituted the crime of forced trading. Do you think it is possible for the court of second instance to change the sentence of Liu Xiaomin for the crime of forced trading?" Li Mingbo asked.

This is also the question Liu Xiaohua asked Li Mingbo before, and now he asks it face to face to let Liu Xiaohua listen to Lawyer Fang's explanation, whether it is different from his own explanation.

"I don't think so. The defendant, Liu Xiaomin, does not have the purpose of trading at all in view, and what he implemented objectively is not a transaction, but a robbery in the name of borrowing money. Liu Xiaomin's behavior constitutes a crime of robbery." Fang Yi thought for a while and replied.

"Why?" Liu Xiaohua asked.

"According to the provisions of Article 226 of the Criminal Law, the crime of forced trading refers to the act of using violence or threats to forcefully buy or sell goods, force others to provide or accept services, and the circumstances are serious. There are three main manifestations:

First, forcing others to buy or sell goods or provide or accept services when others are unwilling to buy or sell goods or provide or accept services;
Second, forcing others to buy or sell goods, provide or receive services in an abnormal way;
Third, forcing others to buy or sell goods, provide or receive services at unfair prices.

The crime of forced trading and the crime of robbery overlap to a certain extent in terms of constitutive conditions. Objectively, these two crimes manifest themselves as the use of violence and threats, and both violate the property and personal rights of the victim.So sometimes in judicial practice, it is not easy to distinguish the two crimes..." Before Fang Yi finished speaking, Liu Xiaohua spoke.

"Lawyer Fang, what you said was too professional, and I didn't understand it very well. I don't care about the distinction. Can you be more straightforward." Liu Xiaohua asked with a confused face.

"Let's put it this way, in this case, the defendant Liu Xiaomin deceived the victim Wei Xuan to a small hotel, used violence on the spot, forcibly borrowed 150 million yuan from the victim Wei Xuan, and forced Wei Xuan to raise part of the money on the spot.

Although Liu Xiaomin wrote an IOU and promised in writing to collect debts for Wei Xuan without remuneration, which has a certain transactional nature in form, but it does not meet the constituent elements of the crime of forced trading and cannot be identified as a crime of forced trading. On the contrary, it meets the constituent elements of the crime of robbery and constitutes a crime of robbery.I say this for three reasons:
First, the act of borrowing money does not belong to the act of "transaction" in the crime of forced transaction.

Forced transactions must be based on the existence of 'transactions' as a prerequisite.The "transaction" in the crime of forced transaction refers to the behavior of buying and selling goods, providing and receiving services, which is a market behavior.Borrowing is neither buying or selling goods, nor providing or receiving services, and therefore is not a 'transaction' for the purposes of the offence.Without trading behavior, it is naturally impossible to talk about forced trading.

Ms. Liu, do you agree with me? "Fang Yi finished speaking and looked at Liu Xiaohua. (End of this chapter)