Lawyer's character

Fang Yi sat at the defense table, listening expressionlessly, but his heart was filled with joy. Although what Yu Sanqiang said doesn't sound good, it makes sense.

"Appellant Yu Sanqiang, did you transfer the company's assets to Jiang Lin's cement factory before the credit union's loan expired, or after the loan expired?" The prosecutor adjusted his mood and continued to ask.

"Before the loan expires." Yu Sanqiang said.

"How is the business situation of your two companies at this time? Do you have the ability to repay the loan?" the prosecutor asked.

"The operating conditions of both companies were very good at the beginning, but then the market became more and more convoluted, and the operations were not very good, so they could barely survive and could not make any money, let alone repay the loan." Yu Sanqiang He told the truth and did not deceive the prosecutor.

"Since you have realized that the loan cannot be repaid when it matures, why don't you use the money from the transfer of assets to repay the credit union loan?" the prosecutor asked puzzledly.

"I am a uneducated person and my thinking is simple. I do this for two reasons:

The first reason is that it is not easy for my upstream and downstream customers and suppliers. Everyone is trying to make ends meet, so I cannot default on the money owed to them. Since I am already too poor to sell my assets, I will refund the money to my suppliers and customers. All refunds and payments that should be made have been paid off.

The employees in the company who work with me are all old and have feelings. They all have weak foundations and rely on their wages to survive. Besides, they are all locals. It’s not good to be pointed at and scolded. So the employees’ money was also cleared.

I thought to myself, the credit union has money, and it’s not worth my three melons and two dates. Besides, the money from selling the assets is not enough to repay the loan, so I didn’t pay it back.

The second reason is that I have taken good care of these upstream and downstream customers and suppliers. When I make a comeback in the future, people will definitely not say that I am dishonest or refuse to cooperate with me. I will still have the opportunity to make a comeback.

I gave all my money to the credit union, I owe money to suppliers and customers, and my employees can’t afford to eat. Who will cooperate with me in the future? Will the credit union help me? Don't be ridiculous. If I didn't have land or property or business operations, they wouldn't even bother to look at me. Do you think this is true?

So after I sold the assets, I didn’t repay the loan. Anyway, that's the fact. "Yu Sanqiang thought that what he said was very true, but in fact it was true.

"Presiding judge, we are done asking questions." The prosecutor could not ask any more questions.

"The defender of the appellant Yu Sanqiang asked a question." After listening to Yu Sanqiang's speech, the presiding judge lowered his head and took a few notes, then looked at Fang Yi.

"Defendant Yu Sanqiang, where did you use the funds after you took out the loan? I'm talking about all the money you borrowed from the credit union." Fang Yi asked.

"All of it was used for the operation of the two companies. The initial loan of 3.2 million yuan was used for the construction of factories and office buildings and the purchase of equipment. There are financial records; later, more than 6 million yuan was taken. Part of it was repaid the previous loan, and the rest was used for factory construction.

The third loan was seven hundred and five hundred thousand yuan, which also included the unpaid principal and interest of the previous loan. The fourth loan of 3.5 million yuan was used for operations.

These amounts were recorded in the first instance, and the court asked an accounting firm to check the accounts. "Yu Sanqiang said while recalling.

"When applying for a loan, did the people from the credit union go to the company to check the financial statements? Did they check the certificate of title of the collateral?" Fang Yi asked.

"That's for sure. Not a single step has been missed. We all followed the formal procedures." Yu Sanqiang frowned and stared at Fang Yi.

"Presiding judge, the defender has finished asking questions." Fang Yi stopped asking questions. If he continued to ask questions, Boss Yu might say something else.

"The court will proceed with the presentation and cross-examination of evidence. Do the prosecutors, defenders, and appellant have any new evidence to submit?" the presiding judge looked at the crowd.

"No." All three parties said.

…

"The court investigation is over and the court debate is now underway. Before the debate, the court draws the attention of both the prosecution and the defense that the debate should mainly focus on determining guilt, sentencing and other controversial issues.

First, the appellant Yu Sanqiang will defend himself. "The chief judge said.

The appellant Yu Sanqiang's speech was similar to before. After finishing the main topic, he started to ramble, but he was ruthlessly interrupted by the presiding judge after he had just said a few sentences.

"The defender of the appellant Yu Sanqiang has spoken." The presiding judge looked at Fang Yi.

"Presiding judge and judge: The defender believes that the loan behavior of the appellant Yu Sanqiang does not meet the constituent elements of the crime of loan fraud stipulated in Article 193 of the Criminal Law. The behavior of the appellant does not constitute the crime of loan fraud. The reason as follows:

1. The appellant in this case did not commit any of the five types of loan fraud listed in Article 193 of the Criminal Law.

Judging from the facts of this case, the appellant Yu Sanqiang did not fabricate false reasons for introducing funds or projects, use false economic contracts, use false certification documents, use false property rights certificates as guarantees or exceed the value of the collateral repeatedly. Guarantee and other behaviors.

Judging from the available evidence, defendant Yu Sanqiang did not commit any act that could be identified as "defrauding loans by other methods."

2. The defendant Yu Sanqiang in this case did not have the purpose of illegally possessing the loan.

The existing evidence in this case shows that Yu Sanqiang did not have the purpose of illegally possessing the loan during the loan process or after receiving the loan.

Although he took advantage of the flaws in the mortgage contract to transfer the mortgage without authorization when the loan was about to expire, and after receiving the income from the transfer, he did not use it to repay the loan. However, the existing evidence cannot prove that Yu Sanqiang defrauded the above-mentioned funds by squandering, concealing, escaping or illegally transferring, nor can it directly prove that Yu Sanqiang subjectively had the purpose of illegally possessing the loan.

In fact, in order to repay the loan, Yu Sanqiang tried to recover the collateral through litigation. In the end, he failed because the court confirmed that the asset transfer contract between his company and Jiang Lin's cement factory was valid. As a result, Yu Sanqiang could not The collateral is then used to repay the loan. The facts of this case prove that Yu Sanqiang did not have the subjective purpose of taking the loan as his own.

To sum up, the defender believes that in this case, the defendant Yu Sanqiang neither had the purpose of illegally possessing the loan nor did he commit any of the five types of loan fraud listed in Article 193 of the Criminal Law. The defendant was not guilty of loan fraud. complete. "After Fang Yi put down his defense statement, he looked at the presiding judge.

"The prosecutor will now speak." The presiding judge said expressionlessly.

"Presiding judge, judge: We believe that the facts of the case determined in the first instance are clear and the application of the law is correct. We ask the court to reject the appellant's claim in accordance with the law..." the prosecutor said coldly.

"The prosecutor can respond to the defender's defense opinions," the presiding judge said.