Chapter 581 Illegal Debts

"So, 200,000 is nothing to her. Originally, I wanted to ask her for 500,000 yuan, but considering that it was not her son who was imprisoned after all, but her nephew, although she took good care of this nephew, but after all, the relatives are different, and the lawyer's fees are too high, so she will definitely not come out.

You have to study the psychology of the client, we are the largest law firm in the province, and you are a partner of our law firm, and the partner will ask for 200,000 yuan in legal fees, is it much?

The most important thing is that Jin Yan has this strength and trusts us. Handle the case for her well, don't fool her, as for the result, let it be up to the fate of God, there are some things that cannot be controlled by a lawyer. "The universal law.

"Well, don't worry. I have already asked Zhou Ying to meet with the detention center and the procuratorate to read the case file. Fang Yi said.

The next morning, Fang Yi and Zhou Ying met Jin Yan's nephew Ding Quan in the detention center. Ding Quan is in his thirties, a little bald, slightly fat, and has an obvious beer belly, which doesn't look like a treacherous person.

"Ding Quan, do you know the charges against you from the procuratorate?" Fang Yi asked.

"Yes, kidnapping." Ding Quandao.

"You have a good family, why do you want to do this?" Fang Yi asked puzzled.

All crimes have motives, some are impulsive, some are persecuted for a long time, some are for revenge, in short, there will be no love for no reason, and there will be no crime for no reason. And the motive for committing the crime is important to the defense lawyer.

Ding Quan looked up at Fang Yi: "I was arrested this time on impulse......

He is a small entrepreneur with ideals and pursuits, and he is bent on making his auto repair factory bigger and stronger.

At the beginning of this year, there was a factory called Hongye in the next county to be transferred. Ding Quan went to see the news after getting the news, and he felt that the factory had a good geographical location, convenient transportation, complete land certificates and real estate certificates, and legal procedures.

The most important thing is that Hongye Factory and his factory are in the same industry, are engaged in auto repair, a lot of equipment can be used, Hongye Factory boss Zhou Wang is very business-minded, operating the auto repair shop for many years to make a lot of money, now old, want to retreat bravely, so want to sell the equity of the factory.

After some bargaining, Ding Quan and Zhou Wang signed an equity transfer contract for the auto repair factory. According to the contract, Zhou Wang transferred all the equity of the auto repair plant to Ding Quan at a price of 1.68 million yuan, with a deposit of 100,000 yuan, and paid all the money within one month, and then the two parties went to the industrial and commercial department to go through the procedures for changing the equity.

Ding Quan immediately paid a deposit of 100,000 yuan. As a result, not long after the payment, Ding Quan's factory had an accident, and two employees were killed and injured. The funds in his hand suddenly became nervous.

Originally, he wanted to borrow some money from his aunt Jin Yan to turn around, but unfortunately he was just in time for Jin Yan to go abroad to see the project.

Seeing that a month was approaching, Ding Quan found Zhou Wang and agreed to postpone the transaction for half a month, in order to show his sincerity, he paid Zhou Wang another 100,000 yuan, and verbally promised that if he could not pay the full amount when it was due, he would not want the 200,000 yuan.

Because Jin Yan has not returned abroad, Ding Quan has not been able to raise all the equity transfer money after expiration. Zhou Wang then sold his stake in the factory to someone else.

After that, the more Ding Quan wanted to get more and more money, he found Zhou Wang to discuss the refund, but Zhou Wang naturally disagreed. Later, Ding Quan asked the middleman Zhao Bao to intercede, and Zhou Wang only agreed to return half of it, 100,000 yuan. Dante disagreed.

After that, Zhou Wang transferred 100,000 yuan to the middleman Zhao Bao and asked him to transfer it to Ding Quan, who at that time Zhao Bao's company happened to need working capital, so he took it upon himself to keep 100,000 yuan for his own use, and did not inform Ding Quan of the matter. Ding Quan didn't know about this either.

Ding Quan had no hope of chasing the money many times, so he set his sights on Zhou Wang's two-year-old grandson. A few days later, at noon, he drove to the door of Zhou's house, and saw Zhou Wang's grandson playing in front of the door, so he picked him up in the car and drove away.

Subsequently, Ding Quan called Zhou Wang, asked for 200,000 yuan, took the money to replace people, and tore up the ticket when he called the police. Zhou Wang told him that he had returned 100,000 yuan and sent him the bank transfer record, but Ding Quan didn't know that the middleman Zhao Bao had taken 100,000 yuan and didn't tell him.

Subsequently, Ding Quan changed the amount he asked for from 200,000 yuan to 100,000 yuan, and Zhou Wang transferred 100,000 yuan to Ding Quan through his bank account in order to save his grandson as soon as possible, and then went to the designated place to pick up his grandson. After that, Zhou Wang called the police, and the police quickly arrested Ding Quan.

"Have you ever thought about the legal consequences of kidnapping?" Fang Yi asked.

"I thought about it, but I needed money urgently, and I couldn't borrow it." Ding Quan lowered his head as he spoke.

"Why don't you borrow money from your brother-in-law?" Fang Yi asked.

"My sister-in-law has always looked down on my family, and the relationship with my sister-in-law is not very good. So ...... "Ding Quandao."

"You've been arrested, who's in charge of your auto repair shop?" Fang Yi asked.

"I have made it clear to the masters in the factory that I will settle all the money for everyone and do not owe them wages. In addition, I asked Master Gao, the old man in the factory, to help my daughter-in-law deal with the factory and exchange some money for their mothers to live. Even if I was sentenced to more than ten years, the two of them would not have to worry about eating.

I really can't help it, two employees are dead and one is injured, I have spent a lot of money, and the factory can't survive without liquidity to operate. I can't help it. Ding Quan's face was entangled, and he scratched his scalp with both hands.

"Did you hurt Zhou Wang's grandson?" Fang Yi asked.

"No, I put the kid in the hotel, and I didn't treat him badly for three meals." Ding Quandao.

After leaving the detention center, Zhou Ying started the car and suddenly asked: "Lawyer Fang, I remember that you handled a case before, which was similar to this one, but the parties in that case asked for legal debts, and in the end, the court found the crime of illegal detention, not kidnapping."

In this case, the parties asked the other party for a deposit of 100,000 yuan, and according to the law, Ding Quan breached the contract first, and it was legal for the other party not to return the deposit to him, and Ding Quan verbally promised that he would not want to pay the 100,000 yuan paid later.

In this case, the 200,000 yuan that Ding Quan asked for is not a legal debt, strictly speaking, it is not a debt. In this case, will it have to be dealt with as the crime of kidnapping? ”

Fang Yi smiled: "Yes, I still remember the case we handled before." According to the provisions of Article 238 of the Criminal Law, anyone who illegally seizes or detains another person for the purpose of collecting debts shall be dealt with as the crime of illegal detention.

However, in this case, the dispute between Ding Quan and Zhou Wang has not yet passed the court, so the dispute has not been resolved. In the afternoon, let's go to the procuratorate to read the file. ”

In the next few days, Fang Yi and Zhou Ying have been busy with Ding Quan's case, preparing for the trial.

(End of chapter)