"Next, I would like to ask the appellee's defender to express his defense opinions." After speaking, the presiding judge looked at the defense bench.

"Presiding Judge and Adjudicator: The defender believes that the appellee in this case, Gu Mingguo, did not have the purpose of illegally taking possession of the loan, and that the facts found in the original judgment were clear, the evidence was credible and sufficient, and the law was correctly applied. The specific reasons are as follows:

1. Gu Mingguo applied to the court for a mortgage loan with the same office property, although there was a situation of repeated mortgage exceeding the value of the collateral, and Gu Mingguo was already in debt at the time of the loan, and his ability to perform the contract was indeed insufficient.

However, Gu Mingguo has applied for a mortgage loan three times with the same property, except for the one that was sued, one of the other two has been repaid, and the other is a normal loan, and most of the loan principal has been repaid, which not only directly shows that Gu Mingguo has the corresponding ability to repay after the loan, and is not 'heavily indebted and has a serious lack of performance ability', but also indirectly proves that although Gu Mingguo used a false property right certificate as a guarantee, he did not have the purpose of using the loan for his own purpose after the loan.

2. The equity, legal representative, chairman of the board of directors and general manager of the engineering company have been changed from Gu Mingguo to a third party outside the case. From the testimony of the third party outside the case, it can be seen that the equity transfer of the engineering company has been completed, and it is clearly stated that the failure to transfer part of the assets is caused by its voluntary abandonment, because the part of the assets has nothing to do with the business of the engineering company.

3. Although Gu Mingguo obtained bank loans by fraudulent means and did not use the loans as agreed in the contract, Gu Mingguo used the loans for the purchase of fixed assets and futures transactions, and was able to actively seek ways to repay the loans.

To sum up, the defender believes that Gu Mingguo's behavior cannot be punished as loan fraud. None of the grounds for the protest put forward by the public prosecution could be sustained, and the court was requested to reject the protest in accordance with law and uphold the original judgment. Complete. Fang Yi expressed his defense opinion.

……

After walking out of the Provincial High Court, Gu Mingguo stretched out his hand and shook Fang Yi's hand tightly: "Thank you, Lawyer Fang." It's been more than half a year, and I'm finally relaxed. In my heart, it seems that I have lifted a thousand pounds of burden. ”

Yu Wanru on the side looked at Fang Yi with a look in her eyes that was also full of gratitude.

That's right, the Provincial High Court adopted Fang Yi's defense opinions, ruled to reject the protest, and upheld the original judgment.

At noon, Gu Mingguo and his wife invited Fang Yi and Yun Qiao to have lunch at a high-end restaurant in the city to show their gratitude.

……

On this day, Meng Guangda walked into the law firm with a bag and an excited face.

"Lawyer Zhou, it's a good thing." After Meng Guangda finished speaking, he picked up the mineral water bottle and drank two large sips, moistening his throat.

"What's the good thing, you found your wallet, or did you win the five million jackpot?" Zhou Ying looked at him with a smile.

"No, the case of Zhou Zhixue in your village has been sentenced!" Meng Guangda said with a smile.

"Oh? How is it judged? Isn't it the same as you expected, probation?! Zhou Ying saw Meng Guangda's happy face and hurriedly asked.

"Much better than I expected, exempt from criminal punishment." Meng Guangda said.

The court held that the defendant Zhou Zhixue built a two-story building and purchased old materials, and in order to demolish and relocate, he instructed Geng Gui to save money as much as possible, but due to negligence, he did not foresee the possibility of the consequences, and personally used a crane to lift two large barrels of mud to the second floor, which eventually caused the building to collapse, resulting in two deaths and two injuries.

The defendant was subjectively negligent and negligent, and objectively there was a causal relationship between his conduct and the consequences of two deaths and two injuries, and his conduct met the legal characteristics of the crime of negligence causing death.

However, considering that the defendant Zhou Zhixue played a minor role in the entire accident, the circumstances of his crime were minor, and he did not need to be sentenced to a criminal punishment, and the criminal punishment could be waived. In accordance with the provisions of Articles 233 and 37 of the Criminal Law, it was decided that the defendant Zhou Zhixue committed the crime of causing death by negligence and was exempted from criminal punishment.

"Great, Zhou Zhixue's daughter-in-law didn't invite you to a meal to express your gratitude? Early in the morning, I took a taxi to the county for a court session. Zhou Ying asked with a smile.

"Please, after the verdict was announced, Zhou Zhixue's daughter-in-law said thank you to me vigorously. Then he invited me to a big meal at a big restaurant in the prefecture. I just don't know if the procuratorate will protest, and I'll talk about it after the verdict is issued. Meng Guangda replied.

"Okay, Deng Qingxia called, I'll pick it up, I guess it's to thank me." While the two were talking, Zhou Ying's mobile phone rang.

Shortly thereafter, the first-instance verdict was issued, but the defendant Zhou Zhixue did not appeal, and the procuratorate did not raise a protest, and the judgment took legal effect.

……

In the office, Fang Yi sat on the sofa and looked at the four team members who were sitting or standing around (because Wu Qinghui, a supernumerary person, went to let himself go after the exam, so only Zhou Ying and the other four people were left).

"Everyone has worked hard during this time, and our team has achieved good results in several cases in a row, and it is about to be a holiday on October 1. The team decided to issue each lawyer a $500 shopping card.

In addition, tomorrow Friday night, we will have dinner, we have not had a team building for a long time, let's get together, chat, and relax. Fang Yi said with a smile.

"Thank you, Boss Fang." Zhou Ying took the lead to express her gratitude.

"Master, are we going to have dinner by ourselves or with other companies?" Yun Qiao asked awkwardly.

Everyone immediately understood when they heard it, every dinner party before was with the people of Yunwu Tea House or Tea House, and this time I don't know if it is necessary to have a great unity.

"Let's get together by ourselves, you can bring your family over for this dinner, report the number of people who are coming to Yun Qiaoha before noon tomorrow, and after work, let's go to the buffet."

Okay, that's it, Yun Qiao sent the shopping card to everyone. Fang Yi commanded.

Fang Yi asked everyone to bring their families to the party together, trying to let the lawyers' families of the team know each other and get acquainted with each other, so as to increase the cohesion of the team and give everyone a sense of belonging.

Over the years, Fang Yi has participated in many colleague gatherings and team dinners, to be honest, most of the time it is a formality, so that everyone can improve the food, which does not play its due role at all.

Therefore, Fang Yicai wanted to take advantage of the fact that the team was still very weak to cultivate everyone's sense of belonging to the team and the recognition of the team by the lawyer's family, so that the team would be more like a big family rather than a simple work combination.

Of course, this is just Fang Yi's assumption, and it is difficult to say whether it can be realized. After all, many times, the ideal is full, but the reality will keep slapping the mouth.

And Fang Yi proposed that everyone bring their families to dinner with another idea, that is, he wanted Yun Qiao to bring Yun Mei with him, so that the latter would be more natural to contact Xiao Zhi. This is also the idea that Yunmei gave Fang Yi.

In fact, the relationship between Fang Yi and Yunmei has developed to a bottleneck, and this bottleneck that cannot be avoided is Fang Anzhi. If you want to break through the bottleneck, you have to talk to Fang Anzhi, Fang Yi and Yunmei didn't think about how to talk about it, they were afraid that it would affect Xiaozhi's studies.

(End of chapter)