Wei Xuan had no choice but to call relatives and friends to contact him about the loan, but after a round of phone calls, as soon as he heard about borrowing money, relatives and friends had various reasons, and summed it up in one sentence: no money.

Liu Xiaomin was dumbfounded, he didn't expect Wei Xuan's popularity to be so bad.

Wei Xuan was also stunned, he was good to his relatives and friends before, and he didn't leave anyone behind, why did he change his face when he mentioned borrowing money, I really didn't know if I tried it, and I was shocked when I tried it.

In the past few years, Wei Xuan has been busy from morning to night, looking very beautiful, but in fact, a lot of money has not been returned, and it has become a triangular debt. Relatives and friends all knew about his situation, and they were afraid that they would not be able to repay the money, so they pushed back when they mentioned borrowing money.

In desperation, Liu Xiaomin came up with the idea and asked Wei Xuan to draft and sign a loan agreement, which reads: I will lend Liu Xiaomin 1.5 million yuan, guarantee that all the money will be in place within one month, pay 50,000 yuan on the day of signing, with an annualized interest of 15%, and repay it within two years.

Liu Xiaomin used his real estate as collateral, and the two parties agreed that Liu Xiaomin would help Wei Xuan collect debts without compensation.

After the agreement was signed, the two took a taxi back to the city. When Wei Xuan went to the People's Hospital for medical treatment, Liu Xiaomin fled for fear of being discovered by the police. Wei Xuan saw that Liu Xiaomin had run away, so he immediately borrowed a mobile phone and called the police.

Early the next morning, Liu Xiaomin was arrested by the police.

More than two months later, the People's Procuratorate indicted the defendant Liu Xiaomin for the crime of forced trading.

The district court held that the defendant Liu Xiaomin, for the purpose of illegal possession, used violent means and borrowed money to forcibly rob others of their money and property, causing minor injuries, and that his conduct violated the personal rights and property rights of others, and constituted the crime of robbery and should be punished in accordance with law.

Defendant Liu Xiaomin's use of violence on the spot to force others to "borrow" and force others to borrow part of the money on the spot is not a forced transaction act of forcibly buying and selling commodities or forcing others to provide services or accept services in market transactions, and the procuratorate's accusation that defendant Liu Xiaomin committed the crime of forced trading is inappropriately characterized and should be corrected.

Although the defendant Liu Xiaomin did not receive a huge amount of money, he caused minor injuries to the victim in the course of the robbery, and the crime was completed. Accordingly, in accordance with the provisions of Articles 263, 52, and 53 of the Criminal Law, it was decided that the defendant Liu Xiaomin committed the crime of robbery and was sentenced to six years imprisonment and a fine of 12,000 yuan.

After the first-instance verdict was announced, Liu Xiaomin appealed on the grounds that he had borrowed money from Wei Xuan and had no purpose of illegal possession, and that his actions constituted the crime of forced trading.

Liu Xiaomin's sister Liu Xiaohua saw that her brother had been sentenced to six years, and she was very dissatisfied with her previous lawyer, so she found Lee Myung-bak.

Lee Myung-bak's family lives in the same neighborhood as Liu Xiaohua's family, and she wanted to ask Lee Myung-bak to defend her brother, but Lee Myung-bak went to the detention center to meet with Liu Xiaomin, and after learning about the whole situation, she thought that the case was very likely to be rejected in the second instance, but Liu Xiaohua did not approve of it.

Later, I didn't know who told her that Li Mingbo knew Fang Yi and had a good relationship, so let her find Fang Yi to consult again.

When Fang Yi practiced in the county back then, almost everyone in the county knew him, Liu Xiaohua naturally heard of Fang Yi, she pondered that maybe Fang Yi had a way, so she ran to grind Li Mingbo, Li Mingbo really had no choice but to call Fang Yi, and after making an appointment, the two came to Wanhua United Law Firm to find Fang Yi for consultation.

Seeing that Fang Yi put down the verdict, Liu Xiaohua looked at him: "Lawyer Fang, do you say that my brother's case can be changed?" ”

"Your brother borrowed 1.5 million yuan from Wei Xuan and mortgaged his own real estate, does your brother have any real estate?" Fang Yi looked at Liu Xiaohua.

"How can he have a mortgage! Such a big person, if he had a house, he would have married a daughter-in-law a long time ago, and he would have gambled all day long? No, he has absolutely no property. Liu Xiaohua shook her head and replied.

"Lawyer Fang, at the time of the first instance, the procuratorate held that Liu Xiaomin's forced writing of an IOU against the victim's will and helping the victim negotiate affairs without remuneration was the use of violent means to force others to trade, and the circumstances were serious, and Liu Xiaomin's conduct constituted the crime of forced transaction. Do you think it is possible for the court of second instance to change the sentence of Liu Xiaomin for the crime of forced trading? Lee Myung-bak asked.

This is also the question that Liu Xiaohua asked Li Mingbo before, and now he asks Liu Xiaohua to ask Liu Xiaohua to listen to how lawyer Fang explained and whether it is different from his own explanation.

"I don't think so. Defendant Liu Xiaomin did not have the purpose of trading at all, and objectively he did not carry out a transaction, but actually committed a robbery in the name of borrowing money, and Liu Xiaomin's conduct constituted the crime of robbery. Fang Yi thought for a moment and replied.

"Why?" Liu Xiaohua asked.

"According to the provisions of Article 226 of the Criminal Law, the crime of forced trading refers to the use of violence or threats to forcibly buy and sell goods, or to compel others to provide or accept services, where the circumstances are serious. There are three main forms of manifestation:

First, forcing others to buy or sell goods, provide or receive services when they are unwilling to buy or sell goods, or to provide or accept services;

second, forcing others to buy or sell goods, provide or receive services in an abnormal manner;

Third, forcing others to buy or sell goods, provide or receive services at unfair prices.

There is a certain overlap between the crime of forced transaction and the crime of robbery, and both crimes are objectively manifested in the use of violence and threats, and both infringe on the victim's property and personal rights and interests. So sometimes in judicial practice, the two crimes are not too easy to distinguish......" Before Fang Yi's words were finished, Liu Xiaohua spoke.

"Lawyer Fang, what you said is too professional, I don't understand it too well. I don't care if you don't distinguish between them. Can you put it bluntly. Liu Xiaohua asked with a confused expression.

"Let's put it this way, in this case, the defendant Liu Xiaomin deceived the victim Wei Xuan into a small hotel, used violent means on the spot, forcibly borrowed 1.5 million yuan from the victim Wei Xuan, and forced Wei Xuan to borrow part of the money on the spot.

Although Liu Xiaomin wrote an IOU and promised in writing to collect debts for Wei Xuan without compensation, which has a certain transaction nature in form, it does not meet the constitutive elements of the crime of forced transaction and cannot be found to be the crime of forced transaction, but instead meets the constitutive elements of the crime of robbery and constitutes the crime of robbery. I say this for three reasons:

First, the act of borrowing money does not fall under the category of 'transaction' in the crime of forced transaction.

Forced trading must be premised on the existence of a 'transaction'. The 'transaction' in the crime of forced trading refers to the act of buying and selling goods, providing and receiving services, and is a market behavior. Borrowing is neither the purchase or sale of goods, nor the provision or receipt of services, and therefore does not fall within the meaning of the offence 'transaction'. If there is no trading behavior, there is naturally no forced trading.

Ms. Liu, do you agree with what I said? After Fang Yi finished speaking, he looked at Liu Xiaohua. (End of chapter)