Lawyer

Chapter 585 I'm Uneducated
Fang Yi sat on the defense bench, listening with a blank expression, but his heart was full of joy.Although what Yu Sanqiang said was not pleasant, it made sense.

"Appellant Yu Sanqiang, did you transfer the company's assets to Jiang Lin's cement factory before or after the credit union's loan expired?" The inspector adjusted his mood and continued to ask.

"Before the loan expires." Yu Sanqiang said.

"How is the business situation of your two companies at this time? Do you have the ability to repay the loan?" the inspector asked.

"The operating conditions of the two companies were very good at the beginning, but later the market became more and more volatile, and the operations were not very good, so they barely maintained. They could not make any money at all, let alone repay the loan." Yu Sanqiang To tell the truth, did not deceive the prosecutor.

"Since you have realized that the loan cannot be repaid when it is due, why don't you use the money from the transfer of assets to repay the credit union loan?" the inspector asked puzzled.

"I'm not a cultured person, and I think simple. I do this for two reasons:

The first reason is that my upstream and downstream customers and suppliers are not easy. Everyone is trying to make ends meet, so I can’t default on their money. The refund, the payment that should be paid, have all been paid off.

The employees in the company followed me, they were all old, they had feelings, they had a weak foundation, they lived on their wages, and besides, they were all locals, so it was not good to be pointed at the spine.So the employees' money is also cleared.

I thought about it, the credit union has money, and it is not bad for me. Besides, the money from selling assets is not enough to repay the loan, so I didn't repay it.

The second reason is that I have taken good care of these upstream and downstream customers and suppliers. If we make a comeback in the future, people will definitely not say that we are dishonest and do not cooperate with us. I still have a chance to make a comeback.

I gave all the money to the credit union, owed money to suppliers and customers, and the employees couldn't eat. Who will cooperate with me in the future?Will the credit society help me?Don't talk about it, if I don't have land, real estate, or running water, they won't even bother to look at me.Do you think it makes sense?

So after I sold the property, I didn't pay back the loan.Anyway, the fact is such a fact. "Yu Sanqiang thought he was telling the truth, but in fact it was true.

"Judge, we're done with the questioning." The prosecutor couldn't ask any more questions.

"The defender of the appellant Yu Sanqiang asked questions." After listening to Yu Sanqiang's speech, the presiding judge lowered his head and took a few notes before looking at Fang Yi.

"Defendant Yu Sanqiang, after you got the loan, where did the money go? I'm talking about all the money you borrowed from the credit union." Fang Yi asked.

"All of it was used in the operation of the two companies. At the beginning, the loan was 320 million yuan, which was used for the construction of factories and office buildings and the purchase of equipment, which was recorded in the financial records; later, more than 600 million yuan was brought in, and part of it was repaid before. The rest of the loan was used for factory construction.

The third loan was 50 yuan, including the outstanding principal and interest of the previous loan.The fourth loan of 350 million yuan was used for operations.

These payments were recorded at the first instance, and the court asked an accounting firm to check the accounts. "Yu Sanqiang said while recalling.

"Did the people from the credit union go to the company to check the financial statements when applying for a loan? Did they check the certificate of title of the collateral?" Fang Yi asked.

"That's for sure. None of the procedures that should be followed have been followed. We are all following the formal procedures." Yu Sanqiang poked his neck and stared at Fang Yi.

"Presiding judge, the defender is done questioning." Fang Yi stopped asking questions, and if he continued to ask, Boss Yu might say something else.

"The next step is to present and cross-examine evidence in court. Do the prosecutors, defenders, and appellants have any new evidence to submit?" The presiding judge looked at everyone.

"No." All three said.

……

"The court investigation is over, and the court debate is now underway. Before the debate, the court draws the attention of both the prosecution and the defense. The debate should focus on determining charges, sentencing and other controversial issues.

First, the appellant Yu Sanqiang will defend himself. " said the presiding judge.

The appellant Yu Sanqiang's speech was almost the same as before. After finishing the main topic, he began to ramble, but he was ruthlessly interrupted by the presiding judge just after he said a few sentences.

"The defender of the appellant Yu Sanqiang spoke." The presiding judge looked at Fang Yi.

"The presiding judge and the judge: the defender believes that the appellant Yu Sanqiang's loan behavior does not meet the constituent elements of the crime of loan fraud stipulated in Article 190 of the Criminal Law, and the appellant's behavior does not constitute the crime of loan fraud. The reasons are as follows:

190. The appellant in this case does not have any of the five types of loan fraud listed in Article [-] of the Criminal Law.

Judging from the facts of this case, the appellant Yu Sanqiang did not implement false reasons such as fabricating funds and projects, using false economic contracts, using false certification documents, and using false property right certificates as guarantees or duplicating the value of the collateral. Guarantee etc.

Judging from the available evidence, the defendant, Yu Sanqiang, did not commit any acts that could be identified as 'frauding loans by other methods'.

[-]. Yu Sanqiang, the defendant in this case, did not have the purpose of illegally occupying the loan.

The existing evidence in this case shows that Yu Sanqiang did not have the purpose of illegally possessing the loan during the loan process and after obtaining the loan.

Although he used the defect in the mortgage contract to transfer the collateral without authorization when the loan was about to expire, and did not use it to repay the loan after obtaining the transfer income.However, the existing evidence cannot prove that Yu Sanqiang defrauded the above-mentioned funds by means of squandering, hiding, fleeing or illegally transferring, nor can it directly prove that Yu Sanqiang subjectively has the purpose of illegally occupying the loan.

In fact, in order to repay the loan, Yu Sanqiang tried to take back the collateral through litigation. In the end, the court confirmed that the asset transfer contract between the enterprise under his name and the cement plant under Jiang Lin’s name was valid and failed to do so. As a result, Sanqiang Yu could not The collateral is then used to repay the loan.The facts of this case proved that Yu Sanqiang subjectively did not have the purpose of taking the loan as his own.

In summary, the defender believes that in this case, the defendant Yu Sanqiang had neither the purpose of illegally possessing the loan nor the five types of loan fraud listed in Article 190 of the Criminal Law.The defendant did not constitute the crime of loan fraud.complete. After Fang Yi put down his defense, he looked at the presiding judge.

"Now it's up to the prosecutor to speak." The presiding judge said blankly.

"Presiding judge, judge: We believe that the facts of the case identified in the first instance are clear and the law is correctly applied. We ask the court to reject the appellant's claim according to law..." the prosecutor said coldly.

"The prosecutor can respond to the defender's defense opinion." The presiding judge said.

(End of this chapter)