Lawyer

Chapter 586 Let's have a snack!

"Okay, in response to the defender's defense opinion, we mainly express the following points of view:
In this case, the appellant Yu Sanqiang used the means of selling assets to avoid debts when the loan was about to expire, and had the obvious intention to illegally occupy the loan.

The accounts of the two companies under the name of the appellant are not only chaotic, but also the transfer of funds is complicated. It is impossible to clearly match the received asset transfer funds with the company's expenditures. We believe that this situation is intentional by the appellant, just to avoid us Check out the whereabouts.

To sum up, we believe that the appellant in this case transferred the collateral before the loan expired for the purpose of illegal possession of the loan, and transferred the transferred funds between the two affiliated companies to achieve the purpose of confusing the audition.His behavior has constituted the crime of loan fraud.complete. "The prosecutor responded to the defender's opinion with indignation.

"The defender can respond to the prosecutor's opinion." After the presiding judge finished speaking, he looked at Fang Yi.

"Based on the Prosecutor's defense opinion and response, the defender issued the following defense opinion:

The defender believes that to judge whether the appellant Yu Sanqiang constituted the crime of loan fraud, we should first analyze whether the appellant subjectively has the purpose of illegal possession.

The "purpose of illegal possession" belongs to the appellant's subjective psychological activity, which is often manifested through his objective behavior.

Some behaviors can directly prove that the borrower has the subjective purpose of illegal possession, such as using a false property right certificate as a guarantee, obtaining a loan from a financial institution, and fleeing with the money.

However, some actions can only indirectly prove that the borrower has the possibility of illegal possession of the loan, but cannot directly prove that the borrower has the subjective purpose of illegal possession, for example, fabricating false reasons for introducing funds to obtain loans, using false certification documents to obtain loans, etc.In this case, other evidence is needed to prove that the borrower has the purpose of illegal possession.

According to the Minutes of the Symposium on the Trial of Financial Crime Cases by the National Courts issued by the Supreme People's Court, in judicial practice, the principle of consistency between subjectivity and objectivity should be adhered to in determining whether the borrower has the purpose of illegal possession. Objective imputation cannot rely solely on the beneficiary's own confession, but should be analyzed in light of the specific circumstances of the case.

According to the content of the minutes, a borrower who illegally obtains funds through fraud, resulting in a large amount of funds that cannot be returned, and one of the following circumstances, can be deemed to have the purpose of illegal possession:

1. Defrauding a large amount of funds knowing that there is no ability to return them;

2. Run away after obtaining funds illegally;
3. Recklessly squandering and defrauding funds;

4. Using fraudulent funds to carry out illegal and criminal activities;
5. Withdrawal, transfer of funds, or concealment of property in order to evade the return of funds;
6. Concealing or destroying accounts, or engaging in fake bankruptcy or bankruptcy, so as to evade the return of funds;
7. Other illegal possession of funds and refusal to return them.

Moreover, the minutes clearly pointed out that when dealing with specific cases, if there is evidence to prove that the borrower does not have the purpose of illegal possession, it cannot be punished as a crime of financial fraud simply because the property cannot be returned.

According to the above minutes, the defender believes that to determine whether the borrower subjectively has the purpose of illegally occupying the loan, the following three conditions must be met at the same time:

First, the borrower obtains the loan through fraudulent means;
Second, the borrower fails to repay the loan when it is due;
Third, the borrower knew that he did not have the ability to repay the loan, or he ran away with the money after the loan, squandered the loan recklessly, fled, transferred funds, and concealed property to avoid repayment of the loan.

Only when the borrower meets the above three conditions at the same time can it be determined that the borrower subjectively has the purpose of illegally occupying the loan.

In this case, the appellant Yu Sanqiang did not have any of the seven situations clearly stipulated in the minutes, and there was no fraudulent behavior when handling the loan. The failure to repay the loan when it expired was not the result of his pursuit, but a normal commercial risk.The existing evidence cannot prove that after the loan expired, the appellant ran away with the money, squandered the loan recklessly, fled, transferred funds, and concealed property.

In summary, the defender believes that the appellant Yu Sanqiang did not have the purpose of illegally occupying the loan in this case.It does not constitute a crime of loan fraud.complete. "Fang Yi had expected that the other party would make a fuss about illegal possession, so he focused on this aspect of preparation.

……

After nearly two hours of verbal confrontation, the trial finally came to an end.

Yu Sanqiang, who was sitting on the above-mentioned seat, watched the defender and the public prosecutor fighting each other. To be honest, it was the first time he had seen such a fierce court confrontation. Although he knew most of the "words" in the words of the two sides , but what it means to be together, he is really a little confused.

He remembered that in the first trial, his defender, lawyer Ma, simply read the manuscript to the manuscript in less than 10 minutes before finishing it hastily, but he didn't dare to confront the public prosecutor like this.

After the adjournment, the presiding judge pronounced the verdict on the same day.

"This case has been deliberated by the collegial panel. In view of the opinions of the prosecution and the defense, combined with the focus of the dispute in this case, and based on the facts and evidence of this case, this court makes the following comments:

... The appellant Yu Sanqiang did not resort to fraudulent means at the time of the loan, but only sold the collateral during the process of repaying the loan. If the mortgage is legal and valid, the credit union can take legal means to take back the collateral at any time. The consequences of making the loan irrecoverable.

(The meaning is very clear. Credit unions don’t deal with the whole thing all day long, manage your own business personnel well, do a good job of risk control, train your business knowledge well, and take care of yourself! If you really can’t hire someone who understands French, don’t think about getting promoted and getting rich all day long)

After Yu Sanqiang transferred the mortgaged property, he did resort to litigation to take back the mortgaged property. Therefore, Yu Sanqiang’s appeal grounds for not constituting the crime of loan fraud were supported, and the original trial found that Yu Sanqiang had committed the crime of loan fraud and could not be established.Verdict: Yu Sanqiang was not guilty. "The presiding judge's voice echoed in the trial court, and everyone listened with breathless concentration.

After the verdict was pronounced, Yu Sanqiang breathed a sigh of relief, his eyes glowed with excitement: Lawyer Fang was so good at spitting, that he really got me out.

Fang Yi finally breathed a sigh of relief, humming a song and started tidying up the case files on the table with Zhou Ying.While loading the case file into the file bag, Zhou Ying thought to herself: The happiness of a criminal lawyer is something other people can't really appreciate, especially the lead lawyer.

Yu Sangeng walked out of the court, sat in the car on the side of the road and waited for his brother Yu Sanqiang, and at the same time took out his mobile phone and dialed: "Lawyer Wan, the result of this case has come out, and my brother was found not guilty. You can start the next step." Don't worry... I'll call you 170 million to settle the legal fees of my brother's case.

For the 100 million legal fees for non-performing assets, I will give you 50 first, and I will pay you the rest according to the agreement.

Don't worry, as soon as I sign the legal counsel agreement of the construction company with you, all lawsuits in our company's construction projects will be handled by your team. "

(End of this chapter)