Lawyer's character

(Exploding the address book means calling everyone in the borrower's address book to tell you that you owe money, which will discredit you and affect your work and life circle of friends)

This year, the province launched a special campaign to deal with routine loans. Mr. Hu’s company was defined as a routine loan. As you can imagine, the result was that he caught the wind and drifted into the detention center.

The whole company was in trouble, and Mr. Hu’s wife came to Ma Banshan crying. Lawyer Ma wanted to get Mr. Hu out of his heart, because without Mr. Hu, his annual income would be reduced by more than half, but he didn’t do much. I was not sure about the criminal case, so I finally found Gu Datong for help.

"Actually, I think what Mr. Hu is doing is a loan shark at best, not a routine loan at all. Mr. Hu is a simple-minded person. I have known him for no less than ten years. He came out to join the society before he finished junior high school. He was the earliest Worked in collections at a loan sharking company.

Later, the crackdown was severe, and the boss of the loan shark company ran away. He also went home and rested for a while. After the news passed, he wanted to find a job. He was uneducated but looked down on jobs such as security guards because he felt that there was little money to be made.

Finally, he found a few friends who had done collection work together before, and contacted his previous boss. The boss was kind and righteous, so he washed his hands in a golden basin and gave him some of his resources. Later, he followed the old path of his boss. "Ma Banshan said.

"I saw in the case file that the procuratorate accused him of fraud, but I feel that it should not be considered a crime of fraud. I agree with you. Mr. Hu is essentially lending usury." Fang Yi thought for a while and said.

"Looking at it, I said this case should not be contract fraud. With Mr. Hu's IQ, he can't do the routine loan thing. The most he can do is drink and sing songs and charge high interest rates. Lawyer Fang, said Tell me 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 before the loan is released, the system will remind the borrower to pay attention to the terms of the contract, and after the money enters the borrower's account, it will not be used again for various reasons. When you take out money, there are no fees such as interest rates. Borrowing is real.

Judging from the contents of the case file, the prosecutorial office did not provide evidence that Mr. Hu defrauded others of their property by fabricating facts and concealing the truth, so this case did not meet the elements of the crime of fraud. "

"Lawyer Fang, if this case is handed over to you, how sure are you?" Ma Banshan asked suddenly while listening, stroking his chin and thinking about it.

"I really can't say this. After all, we are not the ones who judge the case. We only 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 for a while and said.

"Lawyer Fang, how about this, let's handle this case together, and the lawyer's fees will be 50/50 between us. If you agree, I'll talk to Lawyer Gu soon.

The legal fee for this case is 200,000 yuan, and I have already negotiated it with the client. We divide the work, you are responsible for the subsequent court debate, and I am responsible for 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.

The legal fees are 200,000 yuan, and the team will get 100,000 yuan for half of it. If you handle the case yourself, you can get a commission of 10,000 yuan. Fang Yi thinks this business can be done.

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

One afternoon a week later, Mr. Hu's case came to trial, and Fang Yi followed Ma Banshan to the Eighth Tribunal of the District Court.

At the defense table, 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, who was in his forties, with a bald head, a sinewy face, and a burly figure. As long as they have seen him, no one will regard him as a good person.

At this time the prosecutor was reading out the indictment.

“...This court believes that defendant Hu Meng’s behavior has violated the provisions of Article 266 of the Criminal Law of the People’s Republic of China. The criminal facts are clear and the evidence is reliable and sufficient. He should be held criminally responsible for the crime of fraud.

In view of the extremely huge amount of fraud committed by the defendant Hu Meng, it is recommended that the defendant Hu Meng be sentenced to fifteen years in prison. According to the provisions of Article 176 of the Criminal Procedure Law of the People's Republic of China, if a public prosecution is instituted, please be sentenced in accordance with the law. "The female prosecutor opposite showed a look of bitterness and hatred.

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

"If there is any objection, I don't agree with it. I am not committing fraud at all. I have granted all the loans that customers applied for, just to collect more interest. I have never defrauded anyone..." Hu Meng shouted while sitting in the dock.

The prosecutor's face is getting more and more ugly. If you just admit it, it will save everyone trouble. They should recommend that you be sentenced to life imprisonment and all personal property be confiscated.

Fang Yi looked at Hu Meng who was sitting in the dock shouting injustice, and thought to himself: This guy's name is not in vain, he is fierce enough.

"The public 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, when you lend money, do you have any other expenses besides 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 funds ourselves. Most of the interest earned is also given to investors.

Whoever provides services must not charge a service fee. Otherwise, what would we be busy with all day long? All the company employees go to drink the northwest wind. If I don’t give you a salary, how can you just sit here and talk and generate electricity for love? If you don't pay legal fees for litigating a lawsuit, would you ask the court to take charge of your case? "Hu Meng glanced at the prosecutor and said.

Today is today. Hu Meng is ready to fight. The other party comes up and suggests to the court to sentence him to fifteen years. It’s a knife for cowardice, and it’s a knife for violence. Let’s talk about it first and then talk about it. I’m afraid of a ball!

The prosecutor gasped angrily. The judge blinked when he heard this, why does our court have anything to do with it?

After calming down, the prosecutor then asked: "How do you deal with borrowers who are overdue?"

"How to deal with it? Call for payment. Anyone who borrows money from us is a desperate person. As long as 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. Call for payment," Hu Meng said.

"Was violence used during debt collection?" the prosecutor asked.