Lawyer's character

Although the couple also knew that if they continued to do this, they would drink poison to quench their thirst. The more thirsty they were, the more salt they would eat. Not only would they not be able to solve the problem, but they might also put their own capital into it, but they had no choice but to shoot when the arrow was on the string.

Starting from the year before last, Peng Huayan persuaded her husband Zou Qiang to shrink his business, withdraw funds in time, and prepare for transformation. However, since he was used to working in the real estate industry, it would definitely not make money if he switched to other industries, and they did not understand high technology. In the end, Zou Qiang decided to wash his hands and prepare for retirement after finishing the last project.

But things often backfire. Although most of the debt holes have been plugged, the company's operating conditions are getting worse and worse. More and more workers are owed wages and construction units are in arrears, and the company is becoming insolvent.

In order to continue to operate the company, Zou Qiang concealed the truth. Last year, he instructed the company's sales staff to sign commercial housing sales contracts with customers in the name of the company, and re-sold six houses in the Washington project that had been sold (one house and two houses), defrauding six customers. The purchase price totaled RMB 2.1 million, and all proceeds were used to pay the company's rent, employee wages, and repay debts.

After receiving the report from the defrauded customer, the district public security bureau launched an investigation and arrested Zou Qiang and related personnel. Afterwards, the procuratorate approved the arrest. The district procuratorate filed a public prosecution in the district court for Zou Qiang's contract fraud.

After a public trial, the district court found that the defendant Zou Qiang committed contract fraud and was sentenced to 13 years in prison and fined 500,000 yuan.

This is what happened in the past. Peng Huayan has been managing the company with her husband, so he is relatively familiar with what happened. In order to protect Peng Huayan, Zou Qiang did not let her participate in the matter, and she was spared.

“According to what you said, I think this case should be classified as a sale of one house and two houses.

Article 8(2) of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Commercial Housing Sales Contract Disputes, which came into effect on June 1, 2003, clearly stipulates this situation, which is typical. A civil case should not involve contract fraud.

Have you offended someone? "Fang Yi's first reaction was that someone wanted to use this matter to mess with them.

"Someone did want to mess with us. I only found out after the fact that one of the six house buyers had something to do with the above. It is said that he had said hello. We can't even finish the matter of losing money." Peng Huayan said.

From the bottom of her heart, she still admired the middle-aged male lawyer in front of her, for no other reason than because he could deduce the crux of the case from a simple case (at least she thought so), unlike the previous lawyers. Either he was talking about some legal terms, or he was secretly trying to tell her that he had connections and could spend money to avoid disaster!

"Well, I think this kind of thing can only have two outcomes. First, they are very strong. Mr. Zou has little chance in the first and second trials. Of course, there is another way to go, which is to apply for retrial. I think there is still a chance. .

Secondly, they are not strong enough and can only deal with some people. The first trial of Mr. Zou may be overturned in the second trial. I personally think this is more likely. Of course, it’s still the same sentence. In addition to the lawyer’s professional ability, it also depends on luck. "Fang Yi said.

"Well, Lawyer Fang, if I entrust you to defend my husband, how will the legal fees be paid?" Peng Huayan nodded and asked.

Then the inquiry started. It seemed that the case was promising to be signed, and Fang Yi felt happy.

"If you entrust me to represent your husband's case, the legal fees will be 150,000." The quotation has always been a headache for Fang Yi. He didn't know how much to quote. At this time, he felt a little regretful. If Xie Youhe was by his side, I can definitely help him quote a price that the other party can accept without losing money for me.

"Well, Lawyer Fang, I'll go back and think about it. If I make a decision, I'll contact you again. Thank you very much for providing me with legal advice. I looked at the consultation fee list on your desk and consulted for nearly an hour. It's five hundred yuan for consulting fees." Peng Huayan said, taking out five hundred yuan and handing it over.

Fang Yi returned to his work station, feeling a little regretful. For some reason, he always felt that the case was not signed on the spot because of his own quotation.

"The case was not signed?" Xie Youhe came over and asked in a low voice.

"Well, maybe the price is too high!" Fang Yi said with regret.

"Signing a case sometimes depends on your luck. If the other party thinks you are good, he will sign the contract no matter how much you pay him. If he doesn't trust you enough, if you lower the price to 1,000 yuan, he will think about it again. So you don't have to worry about gains and losses. Yes, you won't be able to escape sooner or later." Xie Youhe advised.

"I hope so!" Fang Yi smiled, turned around and began to review the contract sent by the consulting unit.

"After a while, Lawyer Ma will come over. He is a friend of Boss Gu. Lawyer Ma has a criminal case that he wants to cooperate with us. You can talk to him later." Xie Youhe said.

Fang Yi agreed immediately.

Since Fang Yi entered Jinshi Law Firm, he has participated in several trainings at the firm and met many fellow lawyers.

Because he is a friendly person and never hides his secrets when discussing cases with his colleagues, many lawyers have a good impression of him. When they encounter a criminal case that they do not understand, many lawyers will come to him to discuss it under the guise of cooperation. In fact, the discussion is There are many, but there is little cooperation. In fact, Fang Yi can also understand that everyone is here to make money, and it is not easy to take on a case. Who will share the money when he can live alone.

At around three o'clock in the afternoon, Fang Yi met Lawyer Ma in the conference room. Lawyer Ma was in his forties, very well-dressed, and looked very elegant with gold-rimmed glasses.

"Hello, Lawyer Fang, my surname is Ma, Ma Banshan. Lawyer Gu and I have been old friends for many years. I have a case on hand and would like to hear your opinion." After a few pleasantries, Lawyer Ma got straight to the point. . After speaking, he handed a case file to Fang Yi.

"I went to the court to retrieve this case file. I have already met with the defendant. The defendant is a client of mine. I am basically handling their company's cases. Let me introduce you to the specific situation..." Lawyer Ma said.

There is a consulting company in Ma Banshan. The company’s CEO is named Hu. In February 2010, Mr. Hu started the loan business. In June of the same year, the lending app began to operate online.

The business model of Hu Corporation is very simple: attract borrowers to the company’s APP platform to borrow money through third-party diversion. The software interface will display the loan amount of 1,080 yuan, the loan period of seven days, and the service fee of 620 yuan. The monthly repayment is 1,700 yuan, and the overdue fee is 50 yuan/day.

After the borrower agrees, the loan of 1,080 yuan will be released to the borrower's account. If the loan cannot be repaid on time when it is due, the borrower can choose to pay an extension fee of RMB 620 to defer the repayment. If the borrower fails to repay on time, the company's collection team will harass the borrower, his relatives and friends by "exploding the address book" and other methods to achieve the purpose of collection.