Lawyer's character

"Now let's ask the respondent's defender to express his defense opinion." After speaking, the presiding judge looked at the defense table.

"Presiding judge, judge: The defender believes that the appellee Gu Mingguo in this case did not have the purpose of illegally possessing the loan. The facts found in the original judgment were clear, the evidence was reliable and sufficient, and the law was applied correctly. The specific reasons are as follows:

1. Gu Mingguo applied for mortgage loans from the court for the same office property. Although there were repeated mortgages that exceeded the value of the mortgage, and Gu Mingguo was already heavily in debt at the time of the loan, his ability to perform the contract was indeed insufficient.

However, Gu Mingguo has applied for mortgage loans three times for the same property. Except for the one he was sued for, one of the other two has been repaid, and the other is a normal loan and most of the loan principal has been repaid. This not only directly shows that Gu Mingguo’s loan Later, he had corresponding repayment ability, which does not mean that he was "heavily indebted and his ability to perform was seriously insufficient". It can also indirectly prove that although Gu Mingguo used a false property title certificate as a guarantee, he had no purpose of using the loan for his own purposes.

2. The equity, legal representative, chairman and general manager of the engineering company have been changed from Gu Mingguo to a third party outside the case. From the testimony of a third party outside the case, it can be seen that the equity transfer of the engineering company has been completed, and it was clearly stated that some assets were not transferred because he voluntarily gave up because these assets have nothing to do with the business of the engineering company.

3. Although Gu Mingguo obtained a bank loan by fraudulent means and did not use the loan as stipulated in the contract, Gu Mingguo used the loan to purchase fixed assets and futures transactions, and was able to actively find ways to repay the loan. This was only used as a reason to determine that he was a criminal. There is obviously insufficient evidence for the subjective purpose of illegally possessing bank loans.

In summary, the defender believes that Gu Mingguo’s behavior cannot be treated as loan fraud. None of the grounds for protest raised by the public prosecution agency are tenable, and the court is requested to reject the protest in accordance with the law and uphold the original judgment. complete. "Fang Yi expressed his defense opinion.

…

After walking out of the Provincial High Court, Gu Mingguo stretched out his hand and shook Fang Yi's hand tightly: "Thank you, Lawyer Fang. After more than half a year, I finally feel relaxed. It feels like a heavy burden has been lifted from my heart."

Yu Wanru on the side looked at Fang Yi with eyes filled with gratitude.

Yes, the Provincial High Court adopted Fang Yi’s defense opinion, ruled to reject the protest and upheld the original verdict.

At noon, Gu Mingguo and his wife invited Fang Yi and Yun Qiao to have lunch at a high-end restaurant in the city to express their gratitude.

…

On this day, Meng Guangda walked into the law firm with a bag in hand and an excited look on his face.

"Lawyer Zhou, good thing." After Meng Guangda finished speaking, he picked up the mineral water bottle and took two big sips to moisten his throat.

"What a good thing, did you pick up the wallet, or did you win the five million grand prize?" Zhou Ying looked at him with a smile.

"No, the case of Zhou Zhixue from your village has been decided!" Meng Guangda said with a smile.

"Oh? How was the sentence? Is it similar to what you expected, suspended sentence?!" Zhou Ying asked hurriedly when she saw Meng Guangda's happy face.

"It's much better than I expected. I am exempted from criminal punishment." Meng Guangda said.

The court held that the defendant Zhou Zhixue purchased old materials when building a two-story building. In order to demolish it, he ordered Geng Gui to save money as much as possible. Due to his negligence, he did not foresee the possibility of the consequences and personally used a crane to lift two large buckets of mud. On reaching the second floor, the building eventually collapsed, killing two people and injuring two others.

The defendant was subjectively negligent, and objectively his behavior had a causal relationship with the consequences of two deaths and two injuries. His behavior complied with the legal characteristics of the crime of negligent death.

However, considering that the defendant Zhou Zhixue played a minor role in the entire accident and the circumstances of his crime were minor, he did not need to be sentenced and could be exempted from criminal punishment. In accordance with the provisions of Articles 233 and 37 of the Criminal Law, the verdict is that the defendant Zhou Zhixue is guilty of negligent causing death and is exempt from criminal punishment.

"That's great. Zhou Zhixue's wife didn't treat you to a meal to express her gratitude? She took a taxi to the county for a court hearing early in the morning." Zhou Ying asked with a smile.

"Please. After the verdict was pronounced, Zhou Zhixue's wife kept saying thank you to me. Then she treated me to a big meal at a big restaurant in the county. I just don't know if the procuratorate will protest. After the verdict is issued, Let’s talk about it later,” Meng Guangda replied.

"Okay, there's a call from Deng Qingxia. I'll answer it. She's probably here to thank me." While the two were talking, Zhou Ying's cell phone rang.

Shortly thereafter, the first-instance judgment was issued. The defendant Zhou Zhixue did not appeal, and the procuratorate did not protest. The judgment became legally effective.

…

In the office, Fang Yi sat on the sofa and looked at the four team members sitting or standing around him (because the non-staff member Wu Qinghui went to relax after taking the exam, only Zhou Ying and the other four were left).

“Everyone has worked hard during this period, and our team has achieved good results in several consecutive cases. We are about to have a holiday on October 1. The team decided to give each lawyer a shopping card worth 500 yuan.

In addition, we will have a dinner tomorrow, Friday night. We haven’t had a team building for a long time. Let’s get together, chat, and relax. "Fang Yi said with a smile.

"Thank you, Boss Fang." Zhou Ying took the lead in expressing her gratitude.

"Master, should we have dinner by ourselves or with other companies?" Yun Qiao asked mischievously.

Everyone immediately understood when they heard this. Every time they had dinner before, they were with people from Yunwu Tea House or Tea House. This time, they didn't know if they were going to have another big reunion.

"Let's gather by ourselves. You can bring your family over for this dinner. Report the number of people who will come to Yun Qiaoha before noon tomorrow. After get off work, we will go to the buffet.

Okay, that's it, Yun Qiao sends the shopping cards to everyone. "Fang Yi ordered.

Fang Yi asked everyone to bring their family members to the party because he wanted to let the lawyers and family members of the team get to know each other and become familiar with each other, so as to increase the cohesion of the team and give everyone a sense of belonging.

Over the years, Fang Yi has participated in many colleagues' gatherings and team dinners. To be honest, most of the time it was just a formality, asking everyone to improve the food, which did not have the desired effect at all.

Therefore, Fang Yicai wants to take advantage of the fact that the team is still very weak to cultivate more of everyone's sense of belonging to the team and the recognition of the team by the lawyer's family, so that the team can be more like a big family rather than a simple work group.

Of course, this is just Fang Yi's idea, and it's hard to say whether it can be realized. After all, many times, the ideal is full, but the reality will continue to slap the mouth.

Fang Yi also had another idea when he proposed that everyone bring their families for dinner, that is, he wanted Yun Qiao to bring Yun Mei, so that the latter's contact with Xiao Zhi would appear more natural. This was also Yunmei's idea for Fang Yi.

In fact, the relationship between Fang Yi and Yunmei has reached a bottleneck, and this unavoidable bottleneck is Fang Anzhi. If you want to break through the bottleneck, you have to talk to Fang Anzhi. Neither Fang Yi nor Yunmei have figured out how to talk, fearing that it will affect Xiaozhi's studies.