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

This year, the province launched a special governance routine loan action, and Mr. Hu's company was defined as a routine loan, and the result can be imagined, he caught up with the wind and drifted into the detention center.

The whole company was in a nest, Mr. Hu's daughter-in-law cried and found Ma Banshan, lawyer Ma wanted to get Mr. Hu out in his heart, because without Mr. Hu, his annual income would be reduced by more than half, but he had never done a criminal case, and he was not sure about it, so he finally found Gu Datong to help.

"Actually, I think Mr. Hu's matter is at most a loan shark, not a routine loan at all. Mr. Hu has a relatively simple brain, I have known him for more than ten years, he came out to mix in society before he finished junior high school, and was the first to work as a collector in a loan shark company.

Later, the boss of the loan shark company ran away, and he also went home to rest for a while, and then the rumors passed, he wanted to come out to find a job, but he was uneducated but couldn't look down on jobs like security guards, and felt that he made less money.

In the end, he found a few friends who had been collecting together, and contacted the previous boss, who was still benevolent and righteous, and washed his hands by himself, so he gave him some of the resources in his hand. Later, he followed the old path of the boss. "Horse Half-Mountain Road.

"I read that the procuratorate charged him with fraud in the case file, but I felt that it should not constitute a crime of fraud. I agree with you, Mr. Hu is essentially a loan shark. Fang Yi thought for a while.

"Look, I'm going to say that this case shouldn't be contract fraud. With Mr. Hu's IQ, he can't do the routine loan, at most he can drink a little wine and sing a song, and charge high interest. Lawyer Fang, 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 the system will remind the borrower to pay attention to the terms of the contract before the loan, and after the money enters the borrower's account, it will not be withdrawn for various reasons, and there is no fee such as cutting interest." Borrowing is real.

Judging from the content of the case file, the procuratorate did not provide evidence that Mr. Hu defrauded others of their property by fabricating facts and concealing the truth, so this case does not meet the constitutive elements of the crime of fraud. ”

"Lawyer Fang, if this case is handed over to you, how sure are you?" Ma Banshan listened while touching his chin and pondering, and suddenly asked.

"I really can't say this, after all, it's not us who adjudicate the case, we just provide defense opinions. You also know that legal provisions are one thing, and judicial practice is another. But I think there's still a chance in this case. Fang Yi thought for a moment.

"Lawyer Fang, it's better to be like this, let's handle this case together, how about the lawyer's fee, how about we split the lawyer's fee? If you agree, I'll talk to Lawyer Gu in a moment.

The lawyer's fee for this case is 200,000 yuan, and I have already negotiated with the client. You are responsible for the later court debates, and I am responsible for cross-examination and communication with the parties. "Horse Half-Mountain Road.

"Okay, as long as you communicate with Lawyer Gu, I have no opinion." Fang Yi said.

200,000 lawyer fees, half of the team has 100,000 yuan, and you can get a commission of 10,000 yuan for handling this case yourself.

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

One afternoon a week later, Mr. Hu's case was opened, and Fang Yi followed Ma Banshan to the eighth trial court of the district court.

On the defense bench, 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.

In the dock sat Mr. Hu, in his forties, with a big bald head, a sideways 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 the indictment.

“…… This court believes that the defendant Hu Meng's conduct has violated the provisions of Article 266 of the Criminal Law of the People's Republic of China, the facts of the crime are clear, the evidence is credible and sufficient, and he should be investigated for criminal responsibility for the crime of fraud.

In view of the fact that the amount of fraud committed by the defendant Hu Meng is particularly huge, it is recommended that the defendant Hu Meng be sentenced to 15 years imprisonment. In accordance with the provisions of article 176 of the Criminal Procedure Law of the People's Republic of China, a public prosecution is initiated, and a sentence is requested in accordance with law. The female prosecutor on the opposite side showed a bitter and hateful expression.

"Defendant Hu Meng, did you hear clearly the indictment read out by the prosecutor just now? Do you have any objections to the facts and charges of the crime charged against you in the indictment? The presiding judge said.

"If there is an objection, I don't approve of it. I'm not a scam at all, I put all the loans that the customer applied for, but I just want to charge more interest, I haven't defrauded anyone......" Hu Meng sat in the dock and shouted.

The procurator's face became more and more ugly, and you said that if you admit it, you will get it, and everyone in the province will be troublesome, so it should be recommended that you be sentenced to life imprisonment and confiscated all your personal property.

Fang Yi looked at Hu Meng, who was sitting in the dock and shouted grievances, and said in his heart: This buddy's name was not taken in vain, it is fierce enough.

"The prosecutor may interrogate the defendant about the facts of the crime charged in the indictment." After the presiding judge stopped Hu Meng's speech, he said.

"Defendant Hu Meng, when you make a loan, do you have any other expenses besides interest?" The inspector asked.

"Yes, there is also a service fee, a rollover fee. Most of the funds lent by our company are investors, and we don't have that much money ourselves. Most of the interest earned is also given to investors.

Who provides services must not charge a service fee, otherwise what are we busy all day long, the company's employees are going to drink the northwest wind, if you don't give your salary, you can sit here and talk, and generate electricity for love? If you don't pay for the lawsuit, do you ask the court to handle your case? Hu Meng glanced at the prosecutor and said.

Today is today, Hu Meng is out, the dead bird is facing up, the other party came up and suggested that the court sentence him to fifteen years, cowardice is also a knife, fierce is also a knife, first happy mouth and then say, afraid of a ball!

The inspector gasped for breath. When the judge heard this, he blinked, how could there be any matter about our court.

After calming down, the inspector then asked: "What do you do with the borrower who is overdue?" ”

"What to do? Anyone who borrows money from us is a desperate person, but if the bank gives them a loan, they can't come to us to borrow money. So these people are overdue, and there is only one way, call or come to collect the money. Hu Meng said.

"Did you use violence in the debt collection process?" The inspector asked.

(End of chapter)