Many people think, shouldn’t I be able to charge interest if I lend money to friends?
Of course you can. What you call is private lending, while professional lending must be recurring, regular, and profitable. In layman's terms, it means making money through lending.
This thing requires qualifications. Even small online loan companies actually require qualifications. Without qualifications, your contracts will be invalid.
Whether specific professional lending is suspected of crime depends on the situation. In 2019, the two top governments, the Ministry of Public Security and the Ministry of Justice jointly issued the "Opinions on Several Issues Concerning the Handling of Criminal Cases of Illegal Lending".
Only when the circumstances are serious can one be suspected of committing a crime.
Of course, Old Tang is not a god. When he first looked at this transaction, he found that the other party had a lot of transactions with strange accounts.
Until I saw an extremely regular scene - first there was a large transfer, and then the accepted account started making transfers every month...
And if the returned money is calculated as interest, the annual interest rate exceeds 50% in minutes. Anyway, Old Tang felt that the person opposite was really brave.
Looking at this year's interest rate, it has always been maintained below 36%. I am not so courageous, and I don't know who to ask for advice.
But the criminal law does not mean that if you change your ways later, the crimes you committed before can be written off.
The criminal law does not talk about "putting down the butcher's knife and becoming a Buddha immediately". The criminal law talks about frankness and leniency...
Lao Zhou also discovered the problem after being reminded by Lao Tang. It's not that he is an unprofessional judge. As a civil court judge, he is exposed to civil matters all day long. It is really normal for him not to be so sensitive to criminal matters.
In fact, talents like Tang Fangjing are not very common...
As for Zhang Wei, it's strange that he could see the problem that Lao Zhou didn't see.
"You stabilize him first, and I'll call the bailiff and call the police."
He, a judge in a civil court, could encounter such a thing one day. It is indeed a wonder that the world is so vast.
After the two said a few words, the judge went out again. Zhang Wei and the other two people were very puzzled.
"What are you doing? Come on, hurry up and finish the court. I have something to do when I go back!" Lu Haochuan said very dissatisfied.
Tang Fangjing stepped forward and said with a smile: "Wait a moment, the judge just left a piece of material, go get it now."
Next to Zhang Wei was a little assistant, who seemed to have seen him before...
But now Old Tang has no idea. He is a person who has no tomorrow after today, and he is really not suitable for having too much contact with the opposite sex.
Even Li Wanting, who was considered beautiful in the institute, was used as a big animal.
So much so that the single lawyers in the firm felt that he was indeed seriously ill.
After Tang Fangjing finished speaking, he went to make a phone call. If the mediation failed, there would be a court hearing. As a trainee lawyer, he was not qualified. Mr. Song had to be a mascot.
"Why is it so troublesome? This court is also..."
Lu Haochuan was about to say something, but Zhang Wei, who was standing next to him, hurriedly persuaded him: "It's okay, it should be done soon. Our case won't take long."
I don’t know how Lawyer Zhang won the other party’s trust. Anyway, under Tang Fangjing’s confused gaze, Brother Lu actually nodded and said, “Lawyer Zhang, I believe you.”
Awesome, Tang Fangjing could only say "Awesome".
After waiting for a while and no one came, Zhang Wei couldn't help but said: "Tang...Lawyer Tang, why hasn't the judge come yet?"
Tang Fangjing, who was opposite, stood up, looked outside and said, "It's already here."
Indeed, outside the door opened by Tang Fangjing, several policemen filed in. The leading policeman held something that Zhang Wei was very familiar with.
"Who is Lu Haochuan? You are, right? This bank flow is for money, right?" The policeman came over and asked.
Zhang Wei's eyelids twitched, how come the police came in such a good way!
Miss Xiaoyan didn't say anything. She looked at Tang Fangjing opposite, and then at the policeman in front of her. Brother Zhang seemed to really have something. Should he change places...
Lu Haochuan was startled by the police. He stood up and said habitually: "Report to the government... I am Lu Haochuan."
This reaction actually made the policeman laugh: "Have you ever been in? What's the reason?"
"I injured someone once..."
"Now I have to tell you that according to this flow sheet, you are suspected of illegal business. Let's go. You should also understand the rules."
Originally, when they saw the other party, the policemen had already prepared their police equipment. Who knew that this person had been in before. Although he came out now, the rules inside have been deeply rooted in his bones...
Sure enough, after listening to the police, Lu Haochuan habitually cooperated.
But at this moment, he suddenly remembered something, looked back at Zhang Wei and said, "No, Lawyer Zhang, didn't you ask me to hit you with this flowing water? This... what's going on?"
Zhang Wei was speechless, right, what's going on, a simple loan case...
"Wait, are you a professional loan lender? Have you ever made loan sharks before?"
Lu Haochuan, who was opposite, nodded and said: "The interest rate was a bit high before, but I checked online later and found that people online said that as long as it is no higher than 36%, it will be fine. Then my interest rate is only so low now, why...then what comrade? I I fully cooperate and I cooperate.”
But when Lu Haochuan wanted to say why he committed a crime, he saw the policeman's clothes and instantly calmed down.
The policeman also shook his head and suppressed laughter. The best lawyer met the best client. This case will probably be circulated in the Jingzhou political and legal system for many years...
The man was arrested, and the police wanted to take Lu Haochuan back, but they were stopped by Tang Fangjing.
"Comrades, please wait a moment. Judge Zhou, you see, comrade policemen are going to take away the original bank statement. Can the copy I have here be used as evidence?"
This thing is key evidence in both criminal and civil matters.
ah? Luo Duancheng looked at Tang Fangjing and didn't know what to say. The police coming to arrest him was beyond his expectation, but he didn't expect that the court could still be held now?
No one is here anymore.
Tang Fangjing here saw his thoughts and said with a smile: "It doesn't matter if the client is not here. He still has an agent, so it won't affect the court session."
Whether the criminal crime of illegal business operations is determined or not does not affect civil professional lending.
Lao Zhou above hesitated for a moment and then said: "Those comrades, why don't you wait until our case is finished before leaving."
Several policemen looked at each other and realized that the judge had said so, so let's wait.
About ten minutes later, Lao Song finally arrived, and a unique court trial took place.
Lu Haochuan was the plaintiff, but he did not sit at the plaintiff's table. Instead, he sat in the auditorium with the police.
Zhang Wei's face turned pale, he had already anticipated what was about to happen.
"Based on bank statements, it can be determined that Lu Haochuan's repeated lending of funds is repetitive and regular, and the lending objects are unspecific, which is in line with the legal characteristics of professional lending."
"Lu Haochuan has not obtained the qualification to lend, and his behavior of providing loans to unspecified social objects for profit has disrupted the country's normal financial order, violated the mandatory provisions of the law, and harmed social and public interests!"
"Therefore, the contract between him and Luo Duancheng is invalid, and I, Luo Duancheng, have returned the principal of 80,000 yuan and the six-month interest of 7,200 yuan. Now calculated based on the annual interest rate of 3.65%, the six-month interest should be 1,458 Yuan, therefore the plaintiff should return the overpaid interest of 5,742 Yuan and bear the litigation costs..."
Lu Haochuan, who was sitting in the auditorium, was already dumbfounded. This lawsuit was going on. Even if he didn't get back the interest for the remaining three months, he still had to pay the other party?
After Tang Fangjing finished speaking, he looked at Luo Duancheng next to him and said with a smile: "You have enough money to go home during the New Year."
Luo Duancheng still didn't react. I don't have to give him money now, so he still has to give me more than five thousand yuan?
Is this the world of law?
Lao Zhou's judgment was also very fast. The facts of the case were clear and the evidence was clear. The judgment could be made in court.
It's just that the key evidence was brought out by the plaintiff himself...
After the verdict, Lu Haochuan was taken away by the police, his face blank, as if he had been beaten a hundred times.
After the case was decided, Lao Song stepped out again and perfectly assumed the role of mascot.
Walking to the door, Tang Fangjing said: "Master Luo, don't be happy yet. I guess you guys definitely don't have a contract, but it's okay. Go back and contact your co-workers and prepare evidence of previous work according to my requirements."
When migrant workers ask for wages, they basically have to confirm the labor relationship, but there is no need to worry about this. Under the current environment, it can be easily confirmed.
As for Tang Fangjing himself, he planned to first inquire about the boss of some construction company to see what kind of person he was, and he had to do his job first.
