Lawyer

Chapter 291 Afraid of a ball!

(Exploding the address book refers to calling everyone in the borrower’s address book and telling you about the money you owe, which will ruin your reputation and affect your work and circle of friends in life)

This year, the province launched a special action to control routine loans. Mr. Hu's company was defined as a routine loan. As you can imagine, he caught up with the trend and drifted into the detention center.

The whole company was in a mess, Mr. Hu's daughter-in-law found Ma Banshan crying, and lawyer Ma wanted to get Mr. Hu out of his heart, because without Mr. Hu, his annual income would be cut by more than half, but he didn't do anything. I was not sure about the criminal case, so I finally asked Gu Datong for help.

"Actually, I think Mr. Hu's matter is at best a usury, not a routine loan at all. Mr. Hu is a simple-minded person. I have known him for more than ten years. He came out to socialize before he finished junior high school. The earliest Do collection work at a loan shark company.

Later, when the crackdown was severe, the boss of the usury company ran away, and he also went home to rest for a while. After the rumors passed, he wanted to come out and look for a job. He was uneducated but looked down on jobs like security guards.

In the end, he found a few friends who had been doing collection work together before, and contacted his former boss. The boss was still kind and righteous, and he gave him some of the resources in his hands after washing his hands.Later he embarked on the boss's old way. "Ma Banshan said.

"I read in the case file that the procuratorate accused him of fraud, but I don't think it should constitute a crime of fraud. I agree with you. Mr. Hu is essentially lending usury." Fang Yi thought for a while.

"Look, I said that this case shouldn't be contract fraud. With Mr. Hu's IQ, he can't handle routine loans. At most, he can drink a little wine, sing a song, and charge high interest. Lawyer Fang, said Say your opinion." Ma Banshan said with a happy face.

Fang Yi smiled, and then explained: "You see, the defendant Mr. Hu's loan is real, and the system will remind the borrower to pay attention to the terms of the contract before the loan is released, and after the money enters the borrower's account, it will not be used again for various reasons. There is no fee such as beheading interest when withdrawing from the arbitrage. The loan is real.

Judging from the contents of the case files, the procuratorate did not provide evidence that Mr. Hu defrauded other people's property by fabricating facts and concealing the truth, so this case does not meet the constituent elements of the crime of fraud. "

"Lawyer Fang, if this case is entrusted to you, how sure are you?" Ma Banshan asked suddenly while rubbing his chin while listening.

"I can't really say that. After all, we are not the ones who judge the case. We just provide defense opinions. You also know that legal regulations are one thing, and judicial practice is another. But I think this case still has a chance." Fang Yi thought about it.

"Lawyer Fang, how about this, let's jointly handle this case, and the lawyer's fee will be [-]-[-], how about it? If you agree, I will talk to Lawyer Gu in a while.

The lawyer's fee for this case is 20, and I have already negotiated with the client.We have two divisions of labor, you are in charge of the subsequent court debate, and I am in charge of cross-examination and communication with the parties. "Ma Banshan said.

"Okay, as long as you communicate with lawyer Gu, I have no objection." Fang Yi said.

20 yuan in legal fees, half of which is 10 yuan for the team, and 1 yuan in commission for handling the case by yourself. Fang Yi thinks this business can be done.

The next day, Ma Banshan filled in Fang Yi's name on the entrustment procedure.After Fang Yi got the case file, he began to write his defense opinion.

One afternoon a week later, Mr. Hu's case was in court, and Fang Yi followed Ma Banshan to the eighth trial division of the district court.

On the defense bench, Ma Banshan sat in the first place, and Fang Yi sat in the second place.There are three judges sitting on it, and the fat judge in the middle is the presiding judge.

Sitting in the dock was Mr. Hu, in his 40s, with a big bald head, a fleshy face, and a burly figure.As long as anyone has seen him, no one will regard him as a good person.

At this time the public prosecutor is reading the indictment.

"...This court believes that the behavior of the defendant Hu Meng has violated the provisions of Article 260 of the Criminal Law of the People's Republic of China. The facts of the crime are clear and the evidence is reliable and sufficient. He should be investigated for criminal responsibility for the crime of fraud.

In view of the huge amount of fraud committed by the defendant Hu Meng, it is recommended that the defendant Hu Meng be sentenced to 15 years in prison.According to the provisions of Article 170 of the "Criminal Procedure Law of the People's Republic of China", if a public prosecution is filed, please sentence it according to law. "The female prosecutor on the opposite side showed an expression of bitterness and hatred.

"Defendant Hu Meng, did you hear clearly the indictment read out by the public prosecutor just now? Do you have any objection to the criminal facts and charges charged in the indictment?" said the presiding judge.

"There is an objection, I don't agree. I am not a fraud at all. I released all the loans that the client applied for, but I just wanted to charge more interest. I have never cheated anyone..." Hu Meng yelled while sitting in the dock.

The procurator's face became more and more ugly, and you said that if you admit it or not, you will be fine, and it will save everyone trouble, so they should recommend that you be sentenced to life imprisonment and all personal property confiscated.

Fang Yi looked at Hu Meng who was sitting on the dock and screaming for injustice, and thought: This buddy's name is not in vain, he is fierce enough.

"The public prosecutor can interrogate the defendant on the criminal facts charged in the indictment." The presiding judge said after stopping Hu Meng's speech.

"Defendant Hu Meng, when you borrowed money, did you pay any other fees besides the interest?" the prosecutor asked.

"Yes, there are also service fees and extension fees. Most of the funds lent by our company belong to investors, and we don't have that much money ourselves. Most of the interest we earn is also given to investors.

Whoever provides services is not allowed to charge a service fee, otherwise what are we busy with all day long, the employees of the company go to drink Northwest Wind, if you don’t get paid, you can sit here and talk, and generate electricity for love?If there is no legal fee for a lawsuit, do you ask the court to take care of your case? Hu Meng gave the inspector a blank look and said.

Today is today, Hu Meng is going all out, the dead bird is up, the other party comes up and suggests that the court sentenced him to 15 years, cowardly is a knife, fierce is also a knife, let's talk about it first, I'm afraid of a ball!

The inspector was panting heavily.The judge blinked when he heard this, why is there still something about our court?

After calming down, the inspector asked, "How do you deal with the overdue borrower?"

"How to deal with it? Let's ask for money. Anyone who borrows from us is a desperate person. If the bank gives them a loan, they can't come to us to borrow money. So these people are overdue. There is only one way, call or come to the door Reminder." Hu Meng said.

"Was violence used in the debt collection process?" asked the prosecutor.

(End of this chapter)