Lawyer's character

Of the two million yuan borrowed from the Xijiao Branch, one million yuan was transferred to the machinery company's account, and was later used by Gu Mingguo for futures business. He heard from his friends that futures are more exciting than stocks. One million yuan can be used to make big gains with small gains. Earn high returns.

My friend's words are very accurate. The futures market implements a margin trading system (generally, you only need to pay about 10%-15% of the face value of the contract to buy or sell a contract). Investors can indeed "take small to win big", as long as they operate If done properly, you can use nearly ten times the leverage to obtain high returns.

But if the operation is wrong (most people will make mistakes, and it will always be a small number of people who make money), the loss will be greater, and when the funds are insufficient, additional margin will be required. When the margin is insufficient, the futures company or futures exchange will force a balance. warehouse.

For Gu Mingguo, it doesn't matter whether it is exciting or not. What is important is that he can make big gains with small things. He has limited funds in his hands. If he wants to earn high returns and get himself out of the quagmire of debt, it seems that futures are the most suitable. Either make money. Be rich, or lose everything.

In a sense, Gu Mingguo's wish came true. In just half a month, he lost nearly 900,000 yuan, and all he really lost was his pants.

The other one million yuan was transferred to an information consulting company held by others on Gu Mingguo's behalf. Gu Mingguo withdrew one million yuan in cash five times, and all of the cash was used to acquire equity in the engineering company.

After the loan expired, after repeated requests from the bank, Gu Mingguo only repaid part of the bank loan interest and signed repayment plans with the bank many times, but none of them were fulfilled.

In order to repay the loan as soon as possible, Gu Mingguo transferred the engineering company to Miao Xiangrong, and also transferred the debt of the two million yuan loan from the Xijiao Branch of the City Commercial Bank to him. After the two parties signed the engineering company transfer agreement, they processed Legal person change registration and related equity change procedures.

After that, Gu Mingguo and Miao Xiangrong negotiated with the Xijiao Branch of the City Commercial Bank to borrow new money and repay the old ones. They used the engineering company's factory buildings and land as collateral to obtain a loan of RMB 2 million from the branch to repay Gu Mingguo's loan from the branch.

After that, the engineering company used its real estate as a mortgage and signed a mortgage loan contract with the Xijiao Branch for a loan of RMB 1.06 million, which was notarized.

A few days later, the engineering company used its real estate as collateral to borrow another RMB 940,000 from the Xijiao Branch, with the words "recover and refinance".

After the above two loans totaling RMB 2 million were processed through the internal approval procedures of Xijiao Branch, they were reported to the city commercial bank for approval. However, the city commercial bank did not approve it and believed that Gu Mingguo's behavior of defrauding the use of real estate certificates and repeatedly mortgaging constituted loan fraud. Report the crime to the public security organ.

After Gu Mingguo was summoned by the public security organ, he never came out. Afterwards, the procuratorate filed a lawsuit with the Intermediate People's Court accusing Gu Mingguo of committing loan fraud.

After a public trial, the Intermediate People's Court held that the facts of the procuratorate's accusation of Gu Mingguo committing fraud were clear, the evidence was conclusive and sufficient, and the charges were established, and it supported it.

The defendant's defense and the defender's defense opinions have no legal basis and will not be adopted. For the purpose of illegal possession, Gu Mingguo used repeated mortgages to defraud bank loans. The amount was particularly huge, which was used to invest in high-risk stocks and futures businesses, resulting in the loss of national property. His behavior constituted the crime of loan fraud. According to the provisions of Article 12, Article 193, Items 4 and 5, Article 57, Paragraph 1, and Article 64 of the Criminal Law, the verdict is as follows:

1. The defendant Gu Mingguo committed the crime of loan fraud and was sentenced to life imprisonment, deprived of political rights for life, and confiscated all personal property;

2. The defendant Gu Mingguo shall refund all the principal and interest of the loan from the city commercial bank.

"Lawyer Fang, the idea of ​​borrowing new money to repay old money was an idea given to Lao Gu by the director of the credit department of the city commercial bank, and he also helped to operate it. But now that he is gone, we have no evidence..." Yu Wanru looked confused.

"How do the director of the credit department and Mr. Gu know each other?" Fang Yi asked.

"Hey, don't mention it. Back then, Lao Gu started to set up a meat stall, and after making money, he started a company. The company's business was very good. The bank came to us and asked us for a loan.

At that time, Lao Gu made a lot of money from stock trading and had shifted his focus from the company to stocks. But the bank thought our family's credit was pretty good, so they came to our company again and again.

Later, the director of the credit department came to visit in person. Lao Gu drank with him several times and gradually became familiar with him. In order to help them complete the loan task, we took out several loans and paid them back after maturity.

Later, the director of the credit department came to Lao Gu and told him that a bankrupt company wanted to sell a three-story office property. Lao Gu thought that the three-story office property was quite cheap, so he bought it without much thought. But since he bought the office building, , our Lao Gu didn’t get along well. After the bank loan was overdue, the court applied for enforcement, but it was put up for auction several times and never sold.

Later I found out that when the building was first built, there were deaths, and it was so bizarre that people who knew the details would not dare to buy it. The owner was auctioned once because of debts a few years ago, and the result was that the owner was in trouble. Otherwise, the owner It would not be so cheap to sell the house to Lao Gu.

A few days ago, a friend hired a master to help me take a look and said that the office building had bad feng shui and strong evil spirits and needed to be resolved. But the bad reputation of the house has spread, and even if it is resolved, it will not be easy to sell. "Yu Wanru sighed.

"Are the stocks that Mr. Gu bought still there? Didn't you think of selling the stocks to repay the loan?" Fang Yi asked.

"I thought about it. At that time, the stocks were halved, and Lao Gu borrowed a loan shark from outside. He was forced to do nothing, so he sold the stocks first and paid back the loan shark.

Not to mention futures, you will lose everything. One million went in, but in the end I only got back around 100,000, and all the debts were repaid. "Yu Wanru looked depressed.

"The engineering company owns real estate and land. In order to repay the debt, Mr. Gu transferred all the engineering company and the two million debt to Miao Xiangrong. Why not use the money from selling the company to repay the bank loan?" Fang Yi looked at Yu Wanru in confusion.

"This matter is a bit complicated. Lao Gu once borrowed a lot of money from Miao Xiangrong. In fact, he sold the engineering company to him to pay off the debt, so in fact Lao Gu didn't get the money at all.

But the value of the engineering company was greater than the loan amount, so the two discussed it several times, and finally Lao Miao took away the engineering company by assuming debt.

Of course, Lao Miao was not willing to spend real money to repay the debt, so he asked Lao Gu to discuss with the bankers to repay the two million debt by borrowing new money to repay the old.

Lao Miao is engaged in engineering. The engineering company is qualified and he can make money in his hands. He will use the money to pay off bank debts in the future. As long as there is a buffer of one or two years, Lao Miao can pay off the debt. "Yu Wanru continued to explain.