Lawyer

Chapter 1049
"What method did this family use to cheat? A financial company?" Zhou Ying looked at Du Yong in confusion.

"Private lending, they are not the kind of financial people we have encountered before, such as P2P. On the contrary, the Zuo family is quite famous in the local area and owns its own construction company.

The Zuo family's business mainly focuses on real estate development. They previously developed two properties in the local county that sold well, and later acquired a piece of land..." Du Yong began to tell the story of the case.

The Zuo family started out in construction. At that time, the Zuo family's father was the largest local contractor. The Zuo family's engineering team began to be affiliated with the construction company very early on and contract business.

Later, the old man of the Zuo family gave way to Zuo Shouyuan, the boss of the Zuo family. After the latter used his connections to take over a state-owned construction company, he carried out drastic reforms in the family business and got rid of affiliated operations, laying the foundation for the rise of the Zuo family. .

Later, Zuo Shouyuan saw the opportunity and registered a real estate development company called Xianglong Real Estate. The legal representative is Zuo Shouyuan, the boss of the Zuo family, who holds 50.00% of the equity of Xianglong Real Estate and actually controls Xianglong Real Estate.His two brothers, Zuo Shoupu and Zuo Shoupin, each hold 20.00% of the shares and serve as senior executives in Xianglong Real Estate.

Qin Cui, who worked in an accounting firm, was arranged by Zuo Shouyuan to join the company's finance department, and a year later became the financial director of Xianglong Company.

Local people say that the name of Xianglong Real Estate was calculated by the Zuo family after asking a master. "Xianglong" has the same pronunciation as "subdued dragon", which means that a strong dragon will not suppress a local snake. The Zuo family is a local snake. No matter how strong the dragon is, it will not be able to conquer this area. It has to be restrained and it has to be surrendered.

I don’t know if the master’s words have come true, but the Zuo family’s Xianglong Real Estate has developed two properties in the county. The sales were very good and the money was collected very quickly.

Making money too smoothly may not be a good thing. Under such a good situation, the boss of the Zuo family made a wrong judgment.

Three years ago, Xianglong Real Estate acquired a piece of land in the county for RMB 8 million.Shortly after winning the project, real estate policies were suddenly adjusted, and local banks' lending policies were tightened. Xianglong Real Estate could no longer get loans from banks, and the capital chain suddenly became tense.

In order to raise funds for operating projects and pay the principal and interest of early bank loans, after discussion, Zuo Shouyuan, Zuo Shoupu, Zuo Shoupin and Qin Cui, on the grounds that Xianglong Real Estate development needs funds, in their own name, Xianglong Real Estate guarantee or four They issue IOUs by means of mutual guarantees, etc., and borrow money from unspecified objects in the society at a monthly interest rate of [-] to [-] cents. All borrowed items are first deposited into the respective bank accounts of the four people.

When funds are needed for operating projects, they will be transferred from Zuo Shouyuan's bank account to Xianglong Real Estate's bank account. If the funds in his account are insufficient, funds will be transferred from Zuo Shouyuan's, Zuo Shoupin's, and Qin Cui's accounts to Zuo Shouyuan's bank account.

As of the date of the incident, Zuo Shouyuan, Zuo Shoupu, Zuo Shoupin, and Qin Cui illegally collected more than RMB 150 million in deposits from 360 unspecified individuals and paid RMB 780 million in interest. More than [-] yuan, and more than [-] million yuan of loan principal was returned.

At the time of the incident, there was still a loan principal of more than 4000 million yuan that could not be returned. After the company went bankrupt and liquidated, there was still more than [-] million yuan that could not be returned.

Zuo Shouyuan and others used most of the borrowed funds to purchase land, project construction, company operations and daily expenses, and the remaining part was used to repay the principal and interest of the previous loan.

"After the incident, the Zuo family's lawyer has applied to the police for bail pending trial. Currently, except for Zuo Shouyuan, the other three have been released on bail pending trial.

When we went to the Zuo family, we met Zuo Shoupu, Zuo Shoupin and Qin Cui. This is the general situation of the current case. The Zuo family's case has reached the procuratorate and is in the review and prosecution stage.At this stage, we are mainly bidding, submitting litigation plans and attorney fees. "Du Yong finished speaking and looked at everyone. "According to the provisions of Article 2010 of the "Interpretations of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases of Illegal Fund-raising" (Fa Interpretation [18] No. 20), individuals illegally absorb or absorb in disguised form. The amount of public deposits is more than 30 yuan; or an individual illegally absorbs or absorbs public deposits from more than 10 people in a disguised form; or an individual illegally absorbs or absorbs public deposits in a disguised form, causing a direct economic loss of more than [-] yuan to the depositor. , should be investigated for criminal responsibility in accordance with the law.

According to the above provisions, the four defendants in this case were all guilty of illegally absorbing deposits from the public.The issue now is sentencing.

Lao Song, you have handled several cases of illegally absorbing public deposits before. Let's start with this first.Tell me what you think. "Fang Yi looked at Song Hui.

"Did the defendant in this case squander funds?" Song Hui looked at Du Yong.

“I asked the three defendants who were released on bail pending trial. Most of the borrowed funds were used to purchase land, pay for project construction, and maintain company operations; some of the funds were also used to repay the principal and interest of the previous loans.

According to Qin Cui, every incoming and outgoing fund of Xianglong Real Estate has an account that can be checked, and the money borrowed by the four of them was invested in the project through bank transfer. No cash was used, which can be checked through bank statements. .

The bank statements of the four people matched the amounts and transfer records in the loan agreement in the hands of the lender. Judging from Qin Cui's statement, the defendant should not have squandered funds.Of course this requires further verification. " Du Yong said.

"Oh, what they did is quite formal. It makes it easier for the public security organs to investigate the case." Yun Qiao said in surprise.

"Well, it seems that they really want to develop real estate, not just collect money and run away." Cao Yongzheng also echoed.

"The defendants are all locals, and the Zuo family has a big business in the local area. Their purpose of attracting money should be for the project. Otherwise, the Zuo family would not actively raise funds and negotiate repayment with creditors after the incident." Du Yong said.

"Although the four defendants in this case illegally absorbed public deposits in a 'huge amount', they were mainly used for production and operation needs. After the incident, the defendants actively liquidated most of the funds.

I believe that this case meets the four requirements for the application of probation in Article 70 of the Criminal Law. It can be used as a defense of minor crime and strive for probation. "Song Hui took over the conversation.

"A suspended sentence?! More than [-] million yuan was illegally raised. Can this be done?" Zhou Ying said in surprise.

"Well, I also think it's a bit confusing. The defendant in this case committed a huge amount and the circumstances were serious. I don't think it falls within the 'minor circumstances of the crime' mentioned in Article No. 70 [-] of the Criminal Law regarding the application conditions for probation, and probation should not be applied." Ji Hongying also opposed Song Hui's opinions.

"Well, since everyone has such big differences on the sentencing of this case, let's express our opinions and discuss it." Fang Yi said.

(End of this chapter)