Chapter 291 Afraid of a ball!
Chapter 291 I’m afraid of a ball!
Author: Snow Yinghong Plum
Chapter 291 I’m afraid of a ball!
(Breaking address book means calling everyone in the borrower's address book to tell you what you owe, ruining your reputation and affecting your work, life and circle of friends)
This year, the province launched a special campaign to manage routine loans, and Mr. Hu's company was defined as routine loans. As a result, he caught up with the trend and drifted into the detention center.
The whole company was full of trouble, and Mr. Hu's wife cried and found Ma Banshan. Lawyer Ma wanted to get Mr. Hu out of his heart, because his income would be reduced by half every year, but he had never done any criminal cases and was not sure about it, so he finally found Gu Datong for help.
"Actually, I think President Hu's affairs are considered usury at most, and they are not considered a routine loan at all. Mr. Hu is a relatively simple person. I have known him for less than ten years. He went out to participate in society before he finished junior high school. He was the first to collect debts in an usury company.
Later, the crackdown was severely cracked down, and the boss of the usury company ran away. He also went home to rest for a while. Later, the news passed and he wanted to find a job. He was not educated but looked down on jobs such as security guards and felt that he made less money.
Finally, he found a few friends who had worked together in debt collection and contacted his previous boss. The boss was quite kind and righteous. He washed his hands with his golden basin and gave him some of the resources he had. Later, he embarked on the old path of his boss." Ma Banshan said.
"I read the case file that the Procuratorate accused him of suspected fraud, but I feel that it should not constitute fraud. I agree with your opinion. Mr. Hu is essentially lending usury." Fang Yi thought for a while.
"Look, I just say that this case should not be a contract fraud. With Mr. Hu's IQ, he can't do the trick of lending. At most, he can drink a little wine and sing a song and charge high interest. Lawyer Fang, tell me your opinion." Ma Banshan said happily.
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 contract terms before the loan is released. Moreover, after the money enters the borrower's account, it will not be withdrawn for various reasons, and there is no such fee as head interest. The loan is real.
Judging from the content of the case file, the procuratorate did not provide evidence that Mr. Hu used to fabricate facts and conceal the truth to deceive others' property, so this case does not meet the constituent elements of the crime of fraud."
"Lawyer Fang, if you leave this case to you, how sure is it?" Ma Banshan asked suddenly while listening, touching his chin and thinking.
"I really can't say about this. After all, it's not us who judged the case. We just provide defense opinions. You also know that legal provisions are one thing, and judicial practice is another. But I think there is still a chance in this case." Fang Yi thought about it and said.
"Lawyer Fang, it's better to do this. Let's jointly handle this case, and the lawyer fee is 55 cents for both parties. How about it? If you agree, I will go to Lawyer Gu to communicate later.
The attorney fee for this case is 200,000 yuan, and I have already negotiated with the parties. We are the two of us. You are responsible for the subsequent court debate. I am responsible for cross-examination and communication with the parties." Ma Banshan said.
"Okay, as long as you communicate well with Lawyer Gu, I have no objection." Fang Yi said.
The team has half of the lawyer's fees, and half of the team can get 100,000 yuan. You can get a commission of 10,000 yuan when handling this case yourself. Fang Yi thinks this transaction can be done.
The next day, Ma Banshan filled in Fang Yi's name on the entrustment procedures. After Fang Yi received the case file, he began to write a defense opinion.
One afternoon a week later, Mr. Hu's case began trial, and Fang Yi followed Ma Banshan to the Eighth Trial Court of the District Court.
On the defense table, Ma Mianshan sat in the first place, and Fang Yi sat in the second place. There were three judges sitting on it, and the fat judge in the middle was the presiding judge.
Mr. Hu sat in his forties, with a big bald head, a fat face and a burly figure. As long as he has seen him, no one will regard him as a good person.
At this time, the prosecutor was reading the indictment.
"...This court believes that the defendant Hu Meng's behavior has violated Article 266 of the Criminal Law of the People's Republic of China, the crime is clear, the evidence is true and sufficient, and he should be held criminally responsible for the crime of fraud.
Given that the amount of fraud by the defendant Hu Meng is particularly huge, it is recommended that the defendant Hu Meng be sentenced to fifteen years in prison. According to Article 176 of the Criminal Procedure Law of the People's Republic of China, public prosecution is filed and sentenced according to law." The female prosecutor opposite showed a bitter and revengeful expression.
"Defendant Hu Meng, have you heard clearly the indictment read by the prosecutor just now? Do you have any objections to the criminal facts and charges accused of you in the indictment?" said the presiding judge.
"I don't agree with the objection. I'm not a fraud at all. I have released all the loans applied for by the client, but I just want to collect more interest. I have never deceived anyone..." Hu Meng sat in the dock and shouted.
The prosecutor's face became increasingly ugly. If you say you can accept it, it will save everyone trouble. You should recommend that you be sentenced to life imprisonment and confiscate all your personal property.
Fang Yi looked at Hu Meng who was sitting in the dock and shouting for justice, and thought to himself: This guy’s name is not in vain, it’s so fierce.
"The prosecutor can interrogate the defendant about the criminal facts alleged in the indictment." The presiding judge said after stopping Hu Meng's speech.
"Defendant Hu Meng, are there any other fees in addition to interest when you borrow money?" asked the prosecutor.
"Yes, there are service fees and extension fees. Most of the funds lent out by our company are investors, and we don't have that much money ourselves. Most of the interest earned is also given to investors.
No service fee is allowed for anyone who provides services, otherwise what will we do all day long? The company's employees go to drink the northwest wind. If you don't pay you a salary, you can sit here and speak, generate electricity for love? If you don't pay litigation fees, do you ask the court to take care of your case?" Hu Meng said with a stunned look at the prosecutor.
Today is today. Hu Meng is trying his best. He is dead and the bird is facing up. When the other party comes up, he suggests that the court sentence him to fifteen years. It is a slap, and it is a slap. He is happy and he is happy. He is afraid of a ball!
The prosecutor was so angry that he was panting. When the judge blinked, why was there any matters in our court?
After calming down, the prosecutor continued, "What should you do if the borrower is overdue?"
"How to deal with it? Just collect the money. Anyone who borrows from us is desperate. If the bank gives them a loan, they cannot come to us to borrow money. So if these people are overdue, there is only one way to call or come to collect the money." Hu Meng said.
"Have violence been used during debt collection?" the prosecutor asked.
Chapter completed!