Fang Yi sat on the defense bench and listened expressionlessly, but his heart blossomed. Although what Yu Sanqiang said is not good, it is reasonable.

"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 inspector adjusted his mood and continued to ask.

"Before the loan expires." Yu Sanqiang said.

"How are your two companies doing at this time? Do you have the ability to repay the loan? The inspector asked.

"The business situation of the two companies was very good at the beginning, but then the market became more and more volatile, and the operation was not very good, so they barely maintained, and they couldn't make any money at all, let alone repay the loan." Yu Sanqiang told the truth and did not deceive the prosecutor.

"Now that you've realized that you can't repay your loan when it's due, why don't you repay your credit union loan with the money from the transfer of assets?" The prosecutor asked, puzzled.

"I'm not educated, and I'm 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 here to make a living, so I can't owe them money, since I have sold my assets poorly, I will pay off the money of suppliers and customers, the money that should be refunded, and the payment that should be paid.

The employees in the company follow me, they are not short, they have feelings, everyone has a thin foundation, and they are counting on wages to live, and they are all local to their hometowns, and they are scolded by people pointing at their backbones, which is not good. So the employee's money was also cleared.

I thought that the credit union had money, and it was not bad for me, and besides, the money from selling assets was not enough to repay the loan, so I didn't pay it back.

The second reason is that I have maintained these upstream and downstream customers and suppliers, and in the future, people will definitely not say that we are not honest and do not cooperate with us, and I will have the opportunity to rise again.

I give all my money to the credit union, I owe money to suppliers and customers, employees can't eat, who will work with me in the future? Will the credit union help me? Don't talk about it, if I don't have land, real estate, and business, they won't even bother to look at me. You say it's not true.

So after I sold my assets, I didn't repay the loan. That's what happened anyway. Yu Sanqiang thinks that what he said is very true, but it is also true.

"Presiding Judge, we're done." The inspector could not ask any more questions.

"Appellant Yu Sanqiang's defender asks questions." After listening to Yu Sanqiang's speech, the presiding judge lowered his head and made a few notes, then looked at Fang Yi.

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

"All of them were used for the operation of the two companies, and the initial loan of 3.2 million yuan was used for the construction and purchase of equipment for factories and office buildings, and there are financial records; Later, more than 6 million yuan was brought in, part of which was repaid the previous loan, and the rest was used for plant construction.

The third loan was 500,000 yuan, and the unpaid principal and interest of the previous loan were also included. The fourth loan of 3.5 million yuan was used for operations.

These payments were recorded in the first instance, and the court went to an accounting firm to check and post the accounts. Yu Sanqiang said while recalling.

"When I took out a loan, did someone from the credit union go to the company and look at the financial statements? Have you looked at the certificate of title to the collateral? Fang Yi asked.

"That's for sure, none of the processes that should be taken have been left behind, and we are all going through the formal procedures." Yu Sanqiang stiffened his neck and stared at Fang Yi.

"Presiding judge, the defender has finished asking." Fang Yi stopped asking, and if he continued to ask, this Boss Yu might not know what to say.

"Now that the court will present and debate evidence, do the prosecutors, defenders, and appellants have any new evidence to submit?" The presiding judge looked at the crowd.

"Nope." Tripartite equalization.

……

"The court investigation is over, and now the court argument is open. Before the debate, the court draws the attention of the prosecution and the defense to the fact that the debate should mainly focus on the determination of the charge, sentencing and other controversial issues.

First, the appellant Yu Sanqiang defended himself. The presiding judge said.

Appellant Yu Sanqiang's speech was similar to before, and he began to ramble after finishing the topic, but he was ruthlessly interrupted by the presiding judge after just saying two sentences.

"Appellant Yu Sanqiang's defender spoke." The presiding judge looked at Fang Yi.

"Presiding Judge and Judge: The defender believes that appellant Yu Sanqiang's loan behavior does not meet the constitutive elements of the crime of loan fraud as provided for in article 193 of the Criminal Law, and that the appellant's conduct does not constitute the crime of loan fraud, for the following reasons:

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 carry out any acts such as fabricating false reasons for introducing funds and projects, using false economic contracts, using false supporting documents, using false property rights certificates as guarantees, or repeatedly guaranteeing beyond the value of the collateral.

Judging from the available evidence, the defendant Yu Sanqiang did not carry out an act that could be determined to be 'defrauding loans by other means'.

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

The available evidence in this case shows that Yu Sanqiang did not have the purpose of illegally taking possession of the loan during the loan process and after obtaining the loan.

Although he took advantage of the defects in the mortgage contract to transfer the collateral without authorization when the loan was about to expire, he did not use the transfer income to repay the loan after receiving the transfer income. However, the available evidence cannot prove that Yu Sanqiang defrauded the above-mentioned funds by means of profligacy, concealment, evasion or illegal transfer, nor can it be directly proved that Yu Sanqiang subjectively had the purpose of illegally taking possession of the loan.

In fact, in order to repay the loan, Yu Sanqiang tried to recover the collateral through litigation, but in the end, the court confirmed that the asset transfer contract between his enterprise and Jiang Lin's cement factory was valid and failed to do so, resulting in Yu Sanqiang no longer being able to use the collateral to repay the loan. This case proves that Yu Sanqiang subjectively did not have the purpose of taking the loan for himself.

To sum up, the defender believes that in this case, the defendant Yu Sanqiang did not have the purpose of illegally taking possession of the loan, nor did he have the five types of loan fraud listed in Article 193 of the Criminal Law. The defendant did not commit the crime of loan fraud. Complete. After Fang Yi put down his defense, he looked at the presiding judge.

"It is now up to the Prosecutor to speak." The presiding judge said expressionlessly.

"Presiding Judge and Judge: We believe that the facts of the case determined in the first instance are clear and the law is correctly applied, and we ask the court to reject the appellant's claim in accordance with the law...... "The procurator said coldly.

"The prosecutor may respond to the defender's arguments." The presiding judge said.

(End of chapter)