Meng Guangda's guess was accurate.

After trial, the court held that the defendant Shan Guangsheng used the method of fabricating explosive threats to extort money from several units, causing some units to suspend business and suffer serious economic losses, and that the public security department dispatched a large number of police forces to evacuate personnel, seriously disrupting social order, and that his conduct constituted the crime of fabricating false terrorist information and caused serious consequences.

In accordance with Article 8 of the Criminal Law Amendment (III) and Articles 291, 55, 1, 56, and 64 of the Criminal Law, the court sentenced the defendant Shan Guangsheng to 12 years imprisonment and deprivation of political rights for three years for the crime of fabricating false terrorist information; The instruments of the crime shall be confiscated.

After the first-instance verdict was announced, the defendant Shan Guangsheng was not satisfied and appealed. The court of second instance rejected the appeal and upheld the original judgment.

Of course, Meng Guangda didn't know it at this time.

"Your Tieguanyin is from Yunwu Tea House, right?" Du Yong picked up the tea box on Meng Guangda's table, looked at it and said.

"How do you know?" Meng Guangda was stunned and said with a smile.

"I have a box here, too." Du Yong said with a smile: "Follow Boss Fang, the tea tube is enough, the tea leaves of Yunwu Tea House are really good." ”

Meng Guangda also laughed.

Gu Mingguo's loan fraud case was remanded by the High Court for retrial, and the trial finally began. Not only Gu Mingguo's wife, Yu Wanru, participated in the audit, but even the bank also sent someone to audit.

“…… Defendant Gu Mingguo fabricated lies, reissued a housing certificate from the real estate department through deception, used it as a mortgage certificate, signed a loan contract with the bank, and obtained a loan of 2 million yuan, which should be found to have fraudulently obtained the loan.

In addition, Gu Mingguo did not use the loan in the manner agreed in the contract, but used it for economic activities such as futures trading and the purchase of companies, which should be regarded as a breach of contract.

When Gu Mingguo failed to repay the loan to the bank for a long time, he signed an agreement with others to transfer the company under his name, and the buyer of the company assumed Gu Mingguo's loan debt of 2 million yuan in the bank, which obviously had the intention of evading the debt.

Defendant Gu Mingguo's above-mentioned conduct violated the provisions of Article 193 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 loan fraud. In accordance with the provisions of article 176 of the Criminal Procedure Law, a public prosecution is initiated, and a sentence is requested in accordance with law.

The indictment has been read out. The prosecutor glanced at Gu Mingguo in the dock with a righteous face.

"Defendant Gu Mingguo, did you hear clearly the indictment read out by the prosecutor just now? What crime is he accused? Do you dispute the facts of the crime charged against you in the indictment? "The presiding judge is a male judge with two big bull's eyes, looking at the defendant's seat.

"I disagree with the accusations of the procuratorate, I have no purpose of illegally taking possession of the loan, and there is no deception, and the operator of the entire loan is Zhao Jinku, the director of the credit department of the former City Commercial Bank. I did not conceal the fact that the house had already been borrowed, and I actively took measures to repay the loan, and I am not guilty. Gu Mingguo felt that he was very wronged.

"The prosecutor may interrogate the defendant about the facts of the crime charged in the indictment." The presiding judge said.

……

"The facts of this case have been investigated, the court investigation has been completed, and the court arguments are now begining. Court debates revolve around disputed facts that have not been certified by the court and how the law should be applied based on the facts.

The prosecutor will speak first. The presiding judge said.

The prosecutor's statement was basically consistent with the accusation's opinion, and it was recommended that the court sentence the defendant Gu Mingguo to life imprisonment. This was followed by the defendant's own defense, which was largely the same as before.

"The defendant's defender gives his defense opinion." The presiding judge looked at the defense bench.

"Presiding Judge and Judge: The defender believes that the defendant Gu Mingguo does not constitute the crime of loan fraud for the following reasons:

According to the Minutes of the National Symposium on the Trial of Financial Crime Cases by Courts (2001), where there is evidence to prove that the perpetrator did not have the purpose of illegal possession, obtained the loan by deception because he did not meet the conditions for the loan, and was able to perform the obligation to repay the loan at the time of the crime, or was unable to repay the loan at the time of the crime because of reasons other than his will, such as mismanagement, being defrauded, market risks, etc., he should not be convicted and punished as the crime of loan fraud.

The defender believes that, based on the above-mentioned minutes, it is not possible to determine that the defendant subjectively has the purpose of illegally taking possession of the loan simply because the defendant actually obtained the loan by fraudulent means or cannot return the loan when it expires, but should adhere to the principle of consistency between subjectivity and objectivity, and analyze the specific situation on a case-by-case basis.

On the basis of a comprehensive analysis of the actor's ability to perform the loan, the means of obtaining the loan, the whereabouts of the loan, the reasons why the loan cannot be repaid, and other relevant objective facts, it is to be judged whether the actor had the purpose of illegally taking possession of the loan, and whether the crime of loan fraud is constituted.

In this case, the facts of the case alleged by the public prosecution can be summarized as follows: the defendant Gu Mingguo used false property rights certificates to obtain bank loans of 2 million yuan by repeated mortgages, of which 1 million yuan was used for futures speculation and incurred losses, and the other 1 million yuan was used to purchase the equity of the engineering company.

After repeated reminders from the City Commercial Bank, Gu Mingguo did not repay the loan. After that, Gu Mingguo was ready to repay the loan by transferring the engineering company, but the case was reported due to the bank's failure to approve the transfer process.

The evidence in the case shows that Gu Mingguo did use fraudulent means to obtain a bank loan by using a false property right certificate as collateral, and changed the purpose of the loan without authorization after taking out the loan, and did not use the loan for company operations, but for the purchase of fixed assets and futures speculation, but based on the facts of the case, it cannot be determined that Gu Mingguo subjectively had the purpose of illegal possession. The specific reasons are as follows:

1. From the perspective of the ability to perform the contract at the time of the loan, first, Gu Mingguo purchased and obtained the property rights of the three-storey office property, and second, the defendant held the equity of the engineering company. It can be seen that Gu Mingguo has the ability to perform the contract.

Although Gu Mingguo used three mortgages for the same building, in addition to the one he sued, one of the other two loans has been paid off, and the other is a normal loan, and most of the principal has been repaid.

2. From the perspective of the purpose of the loan, Gu Mingguo did not squander or abscond with the money, but used it to purchase and operate the engineering company.

Where the defendant uses fraudulent means to obtain a loan and then uses it for business activities, even if it is a high-risk business activity, such as stock speculation, futures speculation, real estate development, etc., resulting in the funds objectively unable to be returned, if there are no other facts proving that the defendant had the purpose of illegal possession, it should not be punished as the crime of loan fraud.

3. Judging from the repayment of the loan, Gu Mingguo transferred the engineering company to a third party outside the case, and thereafter, the two parties negotiated with the Xijiao Branch of the City Commercial Bank to mortgage the company's land and factory building with 2 million yuan, and repay the loan with the loan, which is the true expression of the intention of the three parties.

The land of the engineering company was valued at more than RMB 1.2 million by the land appraisal agency, and its real estate was worth RMB 1.6 million.

It can be seen that Gu Mingguo has been actively looking for ways to repay the loan, and has successively repaid the principal and interest of nearly 100,000 yuan during the period, and Gu Mingguo has not refused to repay the loan.

To sum up, Gu Mingguo subjectively did not have the purpose of illegally occupying the loans of the city commercial bank, and his conduct did not constitute the crime of loan fraud. Complete. After Fang Yi put down his defense opinions, he looked at the chief examiner.

……

(End of chapter)