Case record
When Su Liyun and Chen Feng, lawyers of our criminal team, were entrusted by the family of Wang, the case was close to the end of the review and prosecution period, and there was not much time left for lawyers. Because the amount involved in this case is very large, if the final conviction is punishable by loan fraud, Wang is very likely to be sentenced to life imprisonment. Based on this, the defense work in this case has become a hard battle, and it is necessary to race against time.
After accepting the entrustment, Lawyer Su prepared the materials to go to the detention center to meet with Wang on the second day, and listened to his detailed statement and opinions on the case. After getting all the evidence materials in this case, Mr. Su and Chen lawyer carefully reviewed the more than 80 volumes of evidence in this case. After more than a month of overtime work, they finally got a deep understanding of the situation in the case, and also ushered in A major turning point in the defense work.
In criminal law, the crime of establishing loan fraud requires the perpetrator to have the purpose of illegal possession. By making false grounds such as introducing funds and projects, using false economic contracts, supporting documents and other materials or using other methods to defraud banks or financial institutions, the amount is relatively high. Big. In this case, Wang’s reason for going to the bank loan was to run the company’s business. After the loan was obtained, the purpose of the loan was also the company’s business behavior. There was no evidence that Wang had used the loan for personal squandering. There is no illegal possession purpose. The case is a qualitative error. Wang’s behavior does not constitute a crime of loan fraud. After in-depth research and analysis, Mr. Su drafted legal opinions overnight, and after the case went through two investigations, the prosecutor accepted the lawyer’s opinion at the last moment and transferred the case to the next-level procuratorate for review and prosecution.
In the case that Wang does not constitute a crime of loan fraud, is his behavior consistent with the constituent elements of the crime of fraudulent loans, which constitutes a crime of fraudulent loans? We have started a new round of defense campaigns. Through the study of the same jurisprudence of fraudulent loans, Mr. Su and Chen found that the crime of fraudulently obtaining loans was required to cause significant losses to the bank or other serious circumstances. The current judicial interpretation did not provide corresponding provisions for “other serious circumstances”. According to the theory of criminal law, the harm of “other serious plots” must be equal to “significant losses”, which makes the bank’s financial assets at a high risk that cannot be recovered.
In the case of Wang’s case, the company has always been a real-life company as a loan entity. Each loan provides the bank with a real, legal and sufficient amount of real estate collateral, and the above-mentioned loan bank is involved in the case. A company has filed a civil lawsuit and won the case. Most of the above-mentioned properties have entered the civil execution procedure before the criminal prosecution and are waiting for the auction. Once the auction is executed, the bank will not incur any economic losses. Under this circumstance, although Wang has made a large number of false contracts on the grounds of false trades on multiple loans, these false trade contracts are obviously insufficient to cause bank staff to fall into misunderstanding, thus substantially affecting bank loans. The issuance of approvals allows banks to issue loans based on misconceptions. If in this case Wang did not provide sufficient legal collateral, the bank would never apply through Wang’s loan. Therefore, the nature of the above-mentioned deceptive behavior is not a “poor means”, nor does it expose the bank to the risk that the loan cannot be recovered. Should not be rated as “other serious circumstances.” In summary, Wang’s behavior is very likely not to constitute a crime of fraudulent loans.
The days of the court were on schedule. At the court, Mr. Su and Mr. Chen elaborated on the defense viewpoint and reasons of the case, and presented the original real estate appraisal report approved by the court in the civil execution procedure. It is confirmed that the collateral is full and the value is higher than the total amount of bank loans owed by Wang. The bank will not incur any actual loss after the execution of the collateral auction.
A serious, responsible and active criminal defense lawyer is the last bastion of the party’s freedom. After the unremitting efforts of Su Liyun and Chen Feng, the court finally sentenced Wang to a prison term that was almost identical to his detention period. Wang was released from prison.