Chapter 583 The Water Is Too Deep

The next day, in the office, after reading the case file materials, Zhou Ying assisted Fang Yi to go over the facts of Yu Sanqiang's loan fraud case again.

"Lawyer Fang, I don't think there is any room for defense in this case. After Yu Sanqiang took out a loan from a credit union, he sold the collateral privately, which is inherently deceptive." Zhou Ying held a small book in her left hand and kept turning it with her right hand. Signing pen, frowning and looking at Fang Yi.

"Even loan fraud depends on the situation. There are loan fraud and loan fraud, which do not necessarily constitute a crime." Fang Yi put down the case file in his hand, thought for a moment, and said.

"Loan fraud and loan fraud?" Zhou Ying was confused, her eyes were full of confusion, and she was a little confused.

"Everyone knows something, but it is particularly difficult to do it: Lawyers must base themselves on facts and use the law as their criterion. Without clearly recognizing the facts and analyzing the legal provisions, it is best to be cautious in what you say and do, and do not Assert whether it works or not.

Please read Article 193 of the Criminal Law and see what it stipulates. "After Fang Yi finished speaking, he picked up the teacup and took a big sip.

Zhou Ying took the thick criminal law on Fang Yi's desk and started to read: "Article 193 stipulates that under one of the following circumstances, defrauding banks or other financial institutions of loans for the purpose of illegal possession, A larger amount...:

(1) Fabricating false reasons for introducing funds, projects, etc.;

(2) Using false economic contracts;

(3) Using false certification documents;

(4) Using false property rights certificates as guarantees or repeating guarantees exceeding the value of the collateral;

(5) Using other methods to defraud loans. "

"Article 193 of the Criminal Law is about the crime of loan fraud. Loan fraud usually belongs to loan disputes, that is, civil disputes. It refers to the fact that the lender made fictitious facts or used false information in the process of signing and performing the loan contract. Economic disputes arising from methods of concealing the truth.

From a fraud perspective, there are similarities between loan fraud and loan fraud. For example, the five methods of deception stipulated in Article 193 of the Criminal Law may appear in the above two behaviors.

However, in terms of legal liability, there is a world of difference between the two: loan fraud is a criminal offense and you must bear criminal liability; obtaining a loan through fraudulent means, even if the amount is large and cannot be returned when due, does not constitute a crime, it is only a civil crime. dispute. The difference between the two is whether the borrower has the purpose of illegal possession.

Whether there is a purpose of illegal possession cannot be determined by talking about it. It must be analyzed based on the whole case. "Fang Yi explained.

"Oh, I understand. Let me look at the case file again and focus on analyzing whether the defendant had illegal possession of the loan.

By the way, Lawyer Fang, there's a call from the High Court. Yu Sanqiang's loan fraud case will be heard at nine o'clock in the morning on the 20th of this month. Zhou Ying said while packing up the case files.

In the afternoon of the next day, Fang Yi was busy revising the defense opinions on the Yu Sanqiang case sent by Zhou Ying. Suddenly the landline on the table rang, and Wan Kefa asked him to go next door for tea.

"How's it going? Is there anything going on with Yu Sanqiang's case?" Wan Kefa poured a cup of tea for Fang Yi and said with a smile: "His brother Yu Sangen called to ask. Sangen... hurry up!"

"Well, I'm going to plead not guilty to Yu Sanqiang. The defense statement is almost ready. I will go to the detention center to see Yu Sanqiang again tomorrow morning. Let's discuss the defense plan." Fang Yi decided to take a gamble, just in case it works. This year's revenue generation has been completed ahead of schedule.

Wan Kefa picked up the purple clay pot and was filling himself with tea. He was startled when he heard this and looked up at Fang Yi: "Are you really going to plead not guilty? Are you kidding me? For the 2.2 million legal fees?"

"Old Wan..., the tea is full, and it will overflow if you pour it any more..." Fang Yi pointed at the fat old man's teacup and warned.

Wan Kefa hurriedly put away the purple clay pot and took out a few tissues to wipe the overflowing tea on the table: "I said, if you can't make money this time, there will be a chance next time, so be sure to be steady."

"What's so unstable about this..." Fang Yi pretended to be disapproving and said, "Let's take a shot if you have a date or not. If you hit it..., even if you don't hit it, you still have 500,000 legal fees to pay for it. , what are you in a hurry for? Besides, didn’t you say there was a chance?”

"I just said that, didn't I want to give you confidence, are you serious... No... the key is that if you throw this out, the final result will be unsatisfactory, and the consulting unit behind me and the project I am working on will be It’s not easy!” Wan Kefa frowned.

"Don't worry! I'm not at the point where I'm talking nonsense for more than two million in legal fees.

I have read the case files, and there are indeed loopholes in the first-instance court's judgment. We have a chance. Of course, it also depends on the right time, right place, right people, and God’s will. If you meet a judge who understands everything, everything will be easier. "Fang Yi chuckled.

"Xiao Fang! You can't be like this. I'm getting older, and my old heart can't stand the roller coaster deception." Wan Kefa covered his chest, pretending to be frightened.

"Okay! Lao Wan, your performance is far worse than Lao Huang. You definitely won't win the Oscar. The heart is on the left side, not in the middle... and further down is the stomach." Fang Yi curled her lips.

At this moment, Director Hua knocked on the door and walked in: "Lao Wan, I can help you with the non-performing assets you told me about. I have collected all the credit union's debts at a 30% discount..." .Hey, Lawyer Fang is here too."

"Come on, Lao Hua, Pinpin, authentic Dahongpao." After saying that, Wan Kefa poured a cup of tea for Hua Liancheng and handed it over: "Xiao Fang is not an outsider. He is handling Yu Sanqiang's case. You say your."

"Okay. The credit union was beeping non-stop at first, but then I sent people to wait for a few days, and then they called and said they agreed.

These people are just cheap. They think they are rich and great. They don’t even look at how much the non-performing rate of their loans has increased. They can’t even cover it with ten caps. A bunch of second-rate goods.

Let me tell you, the NPL ratio of various financial institutions is very strict now, and financial institutions are also having a hard time. This time we sent people to collect the credit union's non-performing loans to give them face, otherwise the four major banks and financial assets The management company has many non-performing loans, which are cheaper than them and of better quality. Why should we want them?

The bad loans of the top three prefabricated companies you mentioned have been collected, and the rest is up to you. "Hua Liancheng looked proud.

"Forget it, isn't this what the customer asked for? We don't have to pay for it, so don't nag about it. It's so much trouble to collect tolls." Wan Kefa glanced sideways at Hua Liancheng.

Fang Yi listened to the two bickering, and the more he listened, the more he felt that the water was too deep. Sure enough, the way for rich people to make money is to be wild, and their emotional vision and overall view are all used in this. The fat old man was definitely not so concerned about this case just to earn the 2.2 million in legal fees.

Sure enough, people are old and refined, horses are old and slippery, and rabbits are hard to catch.