"Well, yes! You're right. Liu Xiaohua replied subconsciously.

She doesn't understand big theories, but she can fully understand what Fang Yi said about 'trading'. Borrowing money from one person to another...... It doesn't seem to be much the same as everyday market trading.

"Second, Liu Xiaomin's promise to collect debts for the victim without compensation is not a 'transaction' within the meaning of the crime of forced transaction.

What is Trading? Generally speaking, the act of both parties paying consideration for the realization of a specific cooperation can be called a transaction. For example, you go to the vegetable market to buy groceries, and you go to the mall to buy eggs.

However, judging from the expression of the crime of forced trade in the Criminal Law, this article protects the order of the market economy and punishes those who seek illegal economic benefits through unfair transactions.

Therefore, this offence can only be established if it occurs in the course of a commercial operation. In this case, the defendant's act of forcing the victim to borrow money by writing an IOU and promising to collect debts on behalf of the victim is not within the scope of the text of the crime, so Liu Xiaomin's conduct is not a 'transaction' as referred to in the crime of forced transaction. After speaking, Fang Yi paused and looked at Liu Xiaohua.

Liu Xiaohua nodded silently, as if she understood Fang Yi's words. Unpaid debt collection does not seem to have much to do with business activities.

"Third, in this case, Liu Xiaomin has the purpose of illegally taking possession of other people's property.

Judging from the relationship between the defendant and the victim, the defendant Liu Xiaomin had worked under the victim, and the two parties only knew each other, so under such circumstances, it was impossible for the victim to lend the defendant such a large sum of 1.5 million yuan.

It was precisely because the defendant was aware of this that he deceived the victim and used violence to 'borrow' from him. At the same time, the mortgage on the property claimed by the defendant did not exist at all, and he had no ability to repay.

According to the verdict, Liu Xiaomin had a debt of more than 900,000 yuan before committing the crime, and he did not have real estate in his name.

In other words, defendant Liu Xiaomin had no ability or willingness to repay the loan, and his conduct was a robbery under the guise of 'borrowing money', so it fully met the constitutive elements of the crime of robbery, and should be found to be a crime of robbery.

In addition, according to the relevant provisions of the "Opinions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Criminal Cases of Robbery and Snatching", although the defendant did not actually rob the victim of money, but he used violent means to cause minor injuries to the victim, because the object of the crime of robbery is a dual object (ownership of public and private property and the personal rights of citizens), so the defendant's conduct is still a completed crime.

From the sentencing point of view, although the defendant tried to steal a huge amount of money (1.5 million yuan), he did not actually steal the money, so he could not be sentenced within the range of 'more than 10 years imprisonment, life imprisonment, or death', but should be sentenced within the statutory range of 3 to 10 years imprisonment.

Therefore, I personally believe that there is no problem with the sentencing of the court of first instance for the crime of robbery committed by the defendant Liu Xiaomin. The possibility of a reversal of the verdict in the second instance is very slim. Fang Yi explained.

Liu Xiaohua's eyes were full of disappointment, although she didn't understand everything Fang Yi said, but she understood the final conclusion given by Fang Yi.

"Lawyer Fang, can you ...... this case" Liu Xiaohua didn't give up and wanted Fang Yi to try.

"Ms. Liu, even if I handle this case, I am not sure of the second instance." Fang Yi declined.

There is no hope for the second instance of this kind of case, Fang Yi will be very painful even in the future, rather than unreasonably stirring up three points in the court, making the judge and the procuratorate look down on him, and ruining the reputation he has saved so hard, it is better not to make this money.

Since everyone said so, Liu Xiaohua felt that it was not interesting to stay any longer, so she got up and said goodbye, paid 3,000 yuan for the consultation, and left the conference room.

Li Mingbo chatted with Fang Yi for a while, and seeing that it was almost time to get off work, he asked Fang Yi to eat after work. Fang Yi felt that his old friend hadn't seen him for a long time, so he agreed.

Liu Xiaohua had just walked to the gate of the law firm when a thin man chased him out.

"Wait a minute, lady." The skinny man said as he chased.

"Did you call me?" Liu Xiaohua saw that there was no one else around and stopped.

"Yes, it's you. To introduce myself, my surname is Guo, and I am a lawyer at this law firm. Are you here to consult on a case? The thin man whispered as he glanced around.

"yes, what's wrong?" Liu Xiaohua replied suspiciously.

"Introduce yourself, I am a partner in this law firm, I specialize in all kinds of civil and criminal cases, I see that you are unhappy, can you tell me, maybe I can help you." Lawyer Guo said.

"Do you also do criminal cases?" Liu Xiaohua was happy when she heard that the other party was a partner.

Although she didn't know how professional the partner was, she subconsciously felt that she should be like the village chief of the village, and there were no two brushes that she couldn't do.

"Yes, I've handled more criminal cases in recent years, and a few days ago I defended the son of a bank president.

It's not convenient to talk about cases here, so I happened to make an appointment with a conference room. Let's talk. Lawyer Guo smiled.

"Okay, you're really a partner?" Liu Xiaohua was a little suspicious, but her footsteps had already followed.

After the two left the front desk, the two girls sitting behind the front desk pouted.

"How many are these?" The round-faced girl asked.

"The third." The melon-faced girl replied with disgust.

"Waiting here every day to pick up leaks and pry the line, and claiming to be a partner, why is this lawyer Guo's face so big. I'm surprised, when did our law firm get into such a group of people. No wonder Director Wan withdrew. The round-faced girl complained.

"Shhhh The melon-faced girl looked around and whispered.

"I just can't see it, our law firm is finished. I'll go back and ask Director Wan, does the new law firm need a front desk, if it wants me, I'll change jobs. The round-faced girl whispered.

"Hmmm! When you ask, ask me for me. The melon-faced girl said helplessly.

In a restaurant not far from the law firm, Lee Myung-bak was pouring wine for Fang Yi.

"Lawyer Fang, I heard that many partners in your law firm have changed firms?" Li Mingbo finished pouring Fang Yi's wine, put down the beer bottle, and asked.

"Well, there is some disagreement between the top management of the law firm, and the boss of our team has taken the team out and built a new law firm." Fang Yi didn't hide it from him, and he couldn't hide it.

"You didn't come along?" Lee Myung-bak asked as he ate.

"I'm in the process of quitting the partnership, and I'm going to turn around in June. The lawyer on my team has already transferred. How's it going over there? Fang Yi diverted the topic. (End of chapter)