Chapter 533 Illegal Debt

"So, two hundred thousand is nothing to her. Originally, I wanted to ask her for five hundred thousand, but after all, it was not her son who was imprisoned, but her nephew. Although she took good care of this nephew, After all, the relatives are different, and the legal fees are too high, so she will definitely not pay.

You have to study the psychology of your clients. We are the largest law firm in the province, and you are a partner of our law firm. The partner charges 200,000 yuan in legal fees. Is that much?

The most important thing is that Jin Yan has the strength and trusts us. Handle the case for her and don't fool her. As for the outcome, just leave it to fate. There are some things that lawyers can't control. "Wanke Dharma.

"Well, don't worry. I've asked Zhou Ying to make an appointment with the detention center and review the papers with the procuratorate." Fang Yi said.

The next morning, Fang Yi and Zhou Ying met Jin Yan's nephew Ding Quan in the detention center. Ding Quan is in his thirties, slightly bald, slightly overweight, and has an obvious beer belly. He does not look like a treacherous person.

"Ding Quan, do you know the charges the procuratorate has charged you with?" Fang Yi asked.

"I know, kidnapping crime." Ding Quan said.

"Your family is well off, why do you do this?" Fang Yi asked in confusion.

All crimes have motives. Some are impulsive, some are persecuted for a long time, and some are for revenge. In short, there will be no love without reason, and there will be no crime without reason. And the motive of the crime is important to defense attorneys.

Ding Quan looked up at Fang Yi: "I was caught on impulse this time..."

He is a small entrepreneur with ideals and pursuits, and he wants to make his auto repair shop bigger and stronger.

At the beginning of this year, there was a factory called Hongye in the neighboring county that was to be transferred. After Ding Quan got the news, he went to check it out. He felt that the factory was in a good location with convenient transportation. The land certificate and real estate certificate were all in place, and the procedures were legal.

The most important thing is that Hongye Factory and his factory are in the same industry. They are both engaged in auto repair, and they can use a lot of equipment. Zhou Wang, the owner of Hongye Factory, is very business-savvy and has made a lot of money running the auto repair shop for many years. , Now that I am getting older, I want to quit quickly, so I want to sell the equity of the factory.

After some bargaining, Ding Quan and Zhou Wang signed an equity transfer contract for the auto repair shop. According to the contract, Zhou Wang transferred the entire equity of the auto repair shop to Ding Quan for a price of 1.68 million yuan, with a deposit of 100,000 yuan. The entire amount was paid within one month, and then both parties went to the industrial and commercial department to handle the equity change procedures.

Ding Quan immediately paid a deposit of 100,000 yuan. As a result, not long after the payment was made, an accident occurred in Ding Quan's factory. One employee was killed and the other was injured. Because it was a work-related injury, he did not pay social security to the employees, and he had to pay all the death compensation and hospitalization expenses. The funds in his hand suddenly became tense.

Originally, he wanted to borrow some money from his aunt Jin Yan to make ends meet, but unfortunately, Jin Yan went abroad to look at projects.

Seeing that one month was coming, Ding Quan approached Zhou Wang and agreed to postpone the transaction for another half month. To show his sincerity, he paid Zhou Wang another 100,000 yuan and verbally guaranteed that if he could not pay the full amount by the due date, He doesn't want the two hundred thousand yuan.

Because Jin Yan had not returned from abroad, Ding Quan was unable to raise all the equity transfer funds after the expiration date. Zhou Wang then sold his shares in the factory to others.

After that, Ding Quan thought more and more cowardly, so he approached Zhou Wang to discuss the refund, but Zhou Wang naturally disagreed. Later, Ding Quan found the middleman Zhao Bao to intercede, but Zhou Wang only agreed to return half of the money, 100,000 yuan. Dante disagreed.

Afterwards, Zhou Wang transferred 100,000 yuan to the middleman Zhao Bao and asked him to transfer it to Ding Quan. At that time, Zhao Bao's company happened to be in need of working capital, so he took it upon himself to keep the 100,000 yuan for his own use without informing Ding Quan. Ding Quan didn't know about this either.

When Ding Quan failed to recover the money many times, he targeted Zhou Wang's two-year-old grandson. At noon a few days later, he drove to the door of Zhou's house. When he saw Zhou Wang's grandson playing in front of the door, he picked him up in the car and drove away.

Later, Ding Quan called Zhou Wang and asked for 200,000 yuan. He would exchange the money for someone else and call the police to cancel the order. Zhou Wang told him that he had refunded 100,000 yuan and sent him the bank transfer records. Only then did Ding Quan know that the middleman Zhao Bao had taken 100,000 yuan without telling him.

Subsequently, Ding Quan changed the amount requested from 200,000 yuan to 100,000 yuan. In order to rescue his grandson as soon as possible, Zhou Wang transferred 100,000 yuan to Ding Quan through his bank account, and then went to the designated place to pick up his grandson. Afterwards, Zhou Wang called the police, and the police quickly arrested Ding Quan.

"Have you ever thought about the legal consequences of kidnapping?" Fang Yi asked.

"I thought about it, but I was in urgent need of money at the time and couldn't borrow money." Ding Quan said and lowered his head.

"Why don't you borrow money from your uncle?" Fang Yi asked.

"My sister-in-law has always looked down on my family, and the relationship with my sister-in-law is not very good. So..." Ding Quan said.

"You were arrested, who is managing your auto repair shop?" Fang Yi asked.

"I have made it clear to the masters in the factory that I have paid all the money to everyone and do not owe them any wages. In addition, I asked Master Gao, the boss of the factory, to help my wife deal with the factory and give her some money in exchange. They live a happy life together. Even if I am sentenced to more than ten years, they will not have to worry about food.

I really have no choice. Two employees died and one was injured. I have already spent a lot of money. The factory cannot survive without liquidity. There is nothing I can do. "Ding Quan looked confused and scratched his scalp with both hands.

"Did you hurt Zhou Wang's grandson?" Fang Yi asked.

"No, I put the kid in the hotel and didn't treat him badly for three meals." Ding Quan said.

After leaving the detention center, Zhou Ying started the car and suddenly asked: "Lawyer Fang, I remember you handled a case before, similar to this one, but the person involved in that case wanted a legal debt, and in the end the court found it was illegal detention, and there was no such thing. Found guilty of kidnapping.

The party involved in this case asked the other party for a deposit of 100,000 yuan. According to the law, Ding Quan breached the contract first, and it was legal for the other party not to refund the deposit to him. Ding Quan verbally promised not to give up the 100,000 yuan paid later if he breached the contract.

In this case, the 200,000 yuan demanded by Ding Quan is not a legal debt, and strictly speaking it is not a debt. In this case, does it have to be treated as a kidnapping crime? "

Fang Yi smiled: "Yes, I still remember the case we handled before. According to Article 238 of the "Criminal Law", anyone who illegally seizes or detains others to collect debts shall be treated as illegal detention.

However, in this case, the dispute between Ding Quan and Zhou Wang has not yet passed the court, so the dispute has not been resolved. Under this circumstance, this case is not without a chance. You can go back and check the judicial interpretation. Let's go to the procuratorate and read the papers in the afternoon. "

In the next few days, Fang Yi and Zhou Ying were busy with Ding Quan's case and preparing for the trial.