Lawyer's character

"Xiao Fang, you are not an outsider. You must keep your mouth shut about what the three of us say today. Do you understand?" Wan Kefa looked at Fang Yi.

Fang Yi nodded hurriedly and expressed his stance.

Early the next morning, a case that Zhou Ying handled with Lawyer Song went to trial. She and Lawyer Song went to the court, and Fang Yi went to the detention center alone to meet Yu Sanqiang.

After listening to Fang Yi's defense plan, Yu Sanqiang just nodded, without even a spark in his eyes: "You lawyers really rely on their mouths, each one is better than the other.

Lawyer Ma told me that this case was nothing serious and that he had something to do with it. As a result, I was sentenced to ten years. Later, he came to see me again and told me that even if he was sentenced, he could get me out. At worst, he could get a reduced sentence or be released on medical parole...

Now you are telling me to plead not guilty, is that reliable? Do you know the judge? "

"I don't know. Do you believe it or not? Do you believe what I said? Anyway, the procuratorate did not protest in your case. The worst is ten years in prison. What if it succeeds?" Fang Yisi He looked at Yu Sanqiang with a non-smile.

He figured it out. The man in front of him, Mr. Yu, had been bitten by a snake for ten years and was afraid of ropes. He didn't believe in lawyers at all.

"Okay! That's it. If you can get me out, I'll treat you to a running banquet for a week." Yu Sanqiang took the initiative.

Yu Sanqiang's case finally came to trial. The auditorium was full of people, most of whom were members of the Yu family, and the rest were friends of the Yu family. At the very edge sat two employees sent by the credit union to listen.

Before entering the court, Fang Yi met Yu Sangeng. Yu Sangeng looked very polite. It is said that he came back from studying abroad and later married a daughter-in-law who was quite ordinary in appearance (you can rest assured anywhere) but had a very good background. .

After several years of "struggle", Yu Sangen took over a large-scale construction company in the local area. With the support of his father-in-law, his company has projects all over the country.

The presiding judge sitting on it is a male judge with a Chinese character face and a tall and burly build. He is the president of the criminal court. The other two judges were a man and a woman. The man was in his forties and looked like a serious peacemaker; the woman had sharp eyes and an aggressive look.

The Procuratorate has very well implemented the principle of men and women working together without getting tired. The male prosecutor sitting at the head of the prosecutor's seat is in his thirties and is in the prime of his life. The female prosecutor is relatively young and has a heroic spirit.

…

After the judge read out the first-instance verdict, the presiding judge looked up at Yu Sanqiang, who was sitting on the appellant's table: "Now, the appellant Yu Sanqiang will read out the appeal or state the reasons for the appeal."

"I don't think I committed the crime of loan fraud. When I sold assets such as factories and office buildings to Jiang Lin, I made an agreement with him that he would repay the loan on my behalf. I didn't write it down clearly because I was in a hurry.

Later, Jiang Lin broke his promise and refused to admit that he had repaid the loan on behalf of Sanqiang Prefabricated Company. For this reason, I sued him to the court. As a result, the court found that the sales contract signed between me and him was valid.

I refused to accept the appeal and filed an appeal. As a result, the second-instance court upheld the judgment of the first-instance court. As a result, I was unable to repay the loan. I had no subjective intention to illegally occupy the loan, so it did not constitute a crime of loan fraud..." Yu Sanqiang is worthy of starting from the bottom. , who has been in the society for so many years, he is not afraid at all when sitting in court and behaves very calmly. Of course, some of the words he heard Fang Yi say.

"The appellant's defender will give the reasons for the appeal below," the presiding judge said.

“The defender believes that the facts of the case determined in the first instance were unclear and the law was applied incorrectly, and the appellant was not guilty of loan fraud.

Judging from the evidence in the case, the appellant Yu Sanqiang did not resort to fraudulent means at the time of the loan, and the loan procedures were all in compliance with the requirements of the credit union and were legal and compliant.

Although some loans have the problem of borrowing new ones to repay old ones, and some loans are not used for loan purposes, this is just a violation of the agreement. In fact, the loans are used for the operation of the company, and there is no illegal squandering or embezzlement. Possession situation. Later, due to business problems, the appellant was unable to repay the loan, so he sold the mortgaged property in order to repay the debt.

Taking the whole case into consideration, the credit union also had certain faults. As a professional financial institution, the credit union's business personnel were not of high quality, which resulted in the failure to complete the real estate mortgage registration procedures in a timely manner after signing the loan mortgage contract.

According to the provisions of the Property Law (currently the Property Law has been replaced by the Civil Code), if both parties fail to register the mortgage in time after signing the mortgage contract, the mortgage right has not been established. If a creditor claims to have mortgage rights, it should not be supported by the court. Therefore, the credit union's inability to realize its mortgage rights should not be entirely blamed on the appellant.

If the above-mentioned mortgage is legal and valid, the credit union can take legal measures to recover the mortgage at any time, without the consequences of the loan not being recovered.

After the appellant Yu Sanqiang transferred the mortgage, he actually resorted to litigation to recover the mortgage. It can be seen that the cause of this case was that the credit union loan could not be recovered because the mortgage rights were not established, and the appellant did not have illegal possession. purpose shall not constitute the crime of loan fraud. complete. "Fang Yi looked at the judge after expressing his appeal opinions.

"Appellant Yu Sanqiang, do you have any objection to the facts and charges found in the first-instance judgment?" the presiding judge asked.

"I have objections. I have objections to the facts and charges found in the first instance. I did not defraud the loan at all. It was the idea given to me by the loan officer of the credit union to repay the old loan with a new loan, saying that this would give me a loan. , to ensure my financial needs.

I have used the loan to run the company, and I haven’t received a penny. If you don’t believe me, you can check the accounts. I also checked the accounts in the first instance, and there are no problems..." Yu Sanqiang expressed his opinion confidently. It seems that he means more than the judge. I have enough confidence with the prosecutor.

"The prosecutor asked the appellant questions about the facts found in the first-instance judgment." The presiding judge stopped the pen in his hand and looked at the prosecutor's seat.

"Appellant Yu Sanqiang, you signed a mortgage contract with the credit union and after applying for the loan, what caused the credit union to fail to handle the mortgage procedures? Does the mortgage have a legal title certificate?" the prosecutor asked.

"Of course there is. If the factory or office building does not have a title certificate, can the credit union give me a loan? They like real estate the most. Isn't that what banks do when lending? They only have the ability to recognize real estate." Yu Sanqiang said sonorously replied forcefully.

"Since we have a property right certificate, why didn't we go through the mortgage procedures?" The prosecutor was very unhappy with Yu Sanqiang's attitude.

"You can't ask me about this. I'm just a small business owner who graduated from junior high school. The people at the credit union are much more educated than me. I will do whatever they ask me to do. I don't know why they don't go through the mortgage procedures.

You have to think, if I don't do what they say, can they give me a loan? They didn't go through the mortgage procedures, so I had to read the legal provisions, lick my face, chase after others and tell them: Hey, you didn't go through the mortgage procedures, this is wrong!

Who is the professional lender and who is the lender? I am a borrower, do I have that obligation? Besides, with my level of education, I don’t even understand! "Yu Sanqiang rubbed his neck and yelled at the prosecutor, his stomach filled with anger.