The next day, in the office, after reading the case file materials, Zhou Ying assisted Fang Yi in recovering the facts of Yu Sanqiang's loan fraud case.

"Lawyer Fang, I don't think there is much room for defense in this case, after Yu Sanqiang took out a loan from the credit union, he sold the collateral privately, which itself has the meaning of fraud." Zhou Ying held a small notebook in her left hand, and kept turning the pen in her right hand, looking at Fang Yi with a frown.

"Even if it is a loan fraud, there is a distinction between loan fraud and loan fraud, which does not necessarily constitute a crime." Fang Yi put down the case file in his hand, thought for a while, and said.

"Loan scams and loan fraud?" Zhou Ying was confused, her eyes were full of confusion, and she couldn't understand it a little.

"Something that everyone understands, but it is particularly difficult to do: a legal person should be based on facts and take the law as the criterion. In the absence of a clear understanding of the facts and analysis of the legal provisions, it is best to be cautious in what you say and do, and not to assert your words and deeds or not to do it.

You turn to Article 193 of the Criminal Law and see what it says. After Fang Yi finished speaking, he picked up the teacup and took a big sip.

Zhou Ying took a thick copy of the criminal law on Fang Yi's desk and began to read it: "Article 193 stipulates that in any of the following circumstances, for the purpose of illegal possession, a bank or other financial institution is defrauded of a loan, and the amount is relatively large...... ：

(1) Fabricating false reasons for introducing funds, projects, etc.;

(2) Using false economic contracts;

(3) Using false supporting documents;

(4) Using false property rights certificates as collateral or repeatedly guaranteeing beyond the value of the collateral;

(5) Fraudulently lending by other means. ”

"Article 193 of the Criminal Law is a provision on the crime of loan fraud. Loan fraud is usually a loan dispute, that is, a civil dispute, which refers to an economic dispute arising from the lender's use of fictitious facts or concealment of the truth in the process of signing and performing the loan contract.

From a scam perspective, there are similarities between loan fraud and loan fraud. For example, the five methods of deception provided for in Article 193 of the Criminal Law may occur in both of the above-mentioned acts.

However, in terms of legal liability, there is a world of difference between the two: fraudulent loans are criminal offenses and must bear criminal liability; However, obtaining a loan through fraudulent means, even if the amount is large and cannot be returned when due, does not constitute a crime, but is only a civil dispute. The difference between the two is whether the borrower has the purpose of unlawful possession.

Whether there is a purpose for illegal possession is not a matter of words, but a comprehensive analysis of the entire case. Fang Yi explained.

"Oh, I see. I will look at the case file again and focus on the analysis of whether the defendant had the purpose of illegally taking possession of the loan.

By the way, lawyer Fang, the High Court called, and Yu Sanqiang's loan fraud case was heard at 9 o'clock in the morning on the 20th of this month. Zhou Ying said while packing up the case file.

In the afternoon of the next day, Fang Yi was busy revising the defense opinions of Yu Sanqiang's case sent by Zhou Ying, when suddenly the landline on the table rang, and Wan Kefa asked him to go to the next door for tea.

"How? Is there a drama in Yu Sanqiang's case? Wan Kefa poured Fang Yi a cup of tea and said with a smile: "His younger brother Yu Sangen called to ask." Midnight...... Urged! ”

"Well, I'm going to defend Yu Sanqiang's innocence, the defense statement is almost ready, and I will go to the detention center early tomorrow morning to see Yu Sanqiang again. Communicate the defense plan. Fang Yi decided to take a gamble, in case it can become this year's income generation, it will be completed ahead of schedule.

Wan Kefa picked up the purple clay pot and was refilling himself with tea, he was stunned when he heard this, and looked up at Fang Yi: "Are you really ready to defend your innocence?" No kidding, for the 2.2 million lawyer's fees? ”

"Old Wan......, the tea is full, and if you pour it again, it will overflow......" Fang Yi stretched out his finger and pointed to the fat old man's teacup and reminded.

Wan Kefa hurriedly put away the purple clay pot, took a few facial tissues to wipe the tea that overflowed on the table: "I said, if you can't make money this time, there will be a chance next time, so be steady." ”

"What's so unstable about this...... Fang Yi pretended to be disapproving: "If you have dates or not, let's talk about it, if you hit a ......, even if you can't hit it, isn't there still 500,000 lawyer fees at the bottom, what are you anxious about." Besides, don't you say you have a chance? ”

"I just said that, didn't I want to give you confidence, you're still serious...... No...... The point is that if you throw this out, the final result will be unsatisfactory, and the consultant unit behind me and the project I am doing will not be easy to handle! Wan Kefa frowned.

"Don't worry! I'm not at the point where I'm talking nonsense for more than 2 million lawyers' fees.

I have read all the case files, and there are indeed loopholes in the judgment of the Intermediate People's Court of the first instance, so we have a chance. Of course, it depends on the right time, place and people, and God can't open his eyes. It's easy to meet a judge who understands. Fang Yi smiled.

"Xiao Fang! But I don't have that, I'm old, and this old heart can't afford to be on a rollercoaster ride. Wan Kefa clutched his chest socket and pretended to be frightened.

"Alright! Lao Wan, your performance in this drama is far worse than Lao Huang, and you can't get the Oscar. The heart is on the left, not in the middle...... Further down is the stomach. Fang Yi pursed his lips.

At this moment, Director Hua knocked on the door and walked in: "Lao Wan, I can help you with the non-performing assets you explained, and I have collected all the debts of the credit union in three folds......." Yo, lawyer Fang is also there. ”

"Come, Lao Hua, Pinpin, authentic Da Hong Pao." Saying that, Wan Kefa poured Hua Liancheng a cup of tea and handed it over: "Xiao Fang is not an outsider. Yu Sanqiang's case is what he is doing. You say yours. ”

"Good. The credit union was beeping at first, and then the people I sent over hung them for a few days, and then they called and said they agreed.

These people are cheap, they think they are rich, and they don't look at how much the non-performing rate of their loans has risen, and they can't cover them with ten lids. A gang of two goods.

Let me tell you that the non-performing rate of various financial institutions is now very strict, and financial institutions are not having a good time, this time we send someone to collect the bad loans of credit cooperatives to give him face, otherwise the four major banks and financial asset management companies have bad loans, which are cheaper than them and of good quality, so why should we ask them.

The non-performing loans of the top three pre-component companies you mentioned have been collected, and the rest is up to you. Hua Liancheng looked proud.

"Forget it, isn't this what the customer asks for by name, and we don't have to pay for the acquisition, so don't chatter, why do you have so many things to collect tolls." Wan Kefa glanced at Hua Liancheng.

Fang Yi listened to the two arguing, and the more he listened, the more he felt that the water was too deep. Sure enough, the way for rich people to make money is wild, and their emotional vision and overall situation are used in this. The fat old man cared so much about this case, definitely not to earn the 2.2 million lawyer fees.

Sure enough, it is an old man, a horse is slippery, and a rabbit is difficult to take.

(End of chapter)