Many people wonder if it's forbidden to charge interest when lending money to friends.
Of course you can, that's called private lending, but professional lending requires repetitiveness, regularity, and profitability, commonly speaking it involves making money from the lending itself.
Such business needs qualifications, even those online small loan companies actually require qualifications; without them, your contracts are void.
As for whether professional lending constitutes a crime, that depends on the circumstances. In 2019, the Supreme People's Court and the Supreme People's Procuratorate, along with the Ministry of Public Security and the Ministry of Justice, issued the "Opinions on Handling Criminal Cases of Illegal Lending".
Only when the circumstances are serious does it constitute a crime.
Old Tang certainly wasn't a god; when he first looked at these bank statements, he noticed that the transactions with unknown accounts were unusually frequent.
It wasn't until he saw a highly regular pattern—a large sum was transferred out first, followed by monthly transfers from the receiving account...
And if the money returned were calculated as interest, the annual rate would easily break through 50%; anyway, Old Tang thought the other party used to have quite the nerve.
Looking at this year's rates, they had always been maintained below 36%, not so nerve-wracking anymore, who knows who he had consulted.
But the thing with criminal law, it's not like you can erase the crimes committed in the past just because you've turned over a new leaf.
Criminal law doesn't preach about 'immediately becoming a Buddha upon dropping the butcher's knife'; it speaks of leniency for those who confess...
Old Zhou realized the problem after being reminded by Old Tang; it's not that he was an unprofessional judge, but a civil judge immersed in civil cases all day long is naturally less sensitive to criminal issues.
In fact, talents like Tang Fangjing are not very common...
As for Zhang Wei, if Old Zhou couldn't spot the problem, it would be surprising if he could.
"You keep him steady, I'll go call the bailiff, and also report to the police."
A civil judge like him, to encounter such a thing was indeed a sign of the vast and unpredictable world.
After seeing the judge exchange a few words with someone and then step out, Zhang Wei's party of three was perplexed.
"What's this all about, let's finish up the court session quickly, I have other matters to attend to!" Lu Haochuan said discontentedly.
Tang Fangjing stepped forward with a smile and said, "Just wait a moment, the judge has just dropped some materials, he's gone to retrieve them."
There was a little assistant beside Zhang Wei, who looked somewhat familiar from before...
But right now, Old Tang had no such thoughts; as a man with no expectations for tomorrow, it was not suitable for him to have too much interaction with the opposite sex.
Even with the universally acknowledged beautiful Li Wanting from the firm, he treated her strictly as a workhorse.
So much so that the single lawyers at the firm thought he was seriously ill.
Having finished speaking, Tang Fangjing went off to make a phone call; the mediation had failed, and a court session was needed, but as a trainee lawyer, he was not qualified, and Old Song had to be there to play the role of a mascot.
"Why is this so troublesome, even the court..."
Lu Haochuan was about to say more when Zhang Wei quickly persuaded him, "It's fine, it should be quick, our case won't take much time."
Wondering how on earth Lawyer Zhang had won the other party's trust, in Tang Fangjing's bewildered gaze, that Mr. Lu actually nodded and said, "I trust you, Lawyer Zhang."
Impressive, Tang Fangjing could only utter a word of admiration. ᴛhis chapter is ᴜpdated by novel-fire.net
After waiting for quite a while and still no one came, Zhang Wei couldn't help but ask, "Tang... Lawyer Tang, why hasn't the judge arrived yet?"
Tang Fangjing stood up and looked outside before saying, "He's arrived."
Indeed, as Tang Fangjing opened the door, several police officers filed in, with the leading officer holding a familiar document in hand.
"Who is Lu Haochuan? You, right? This bank statement is yours, isn't it?" the officer approached and asked.
Zhang Wei twitched; why had the police suddenly appeared!
Miss Xiao Yan said nothing, looking at Tang Fangjing then at the police officers in front of her, wondering if it was time to switch law firms...
Startled by the police, Lu Haochuan stood up by reflex and said, "Reporting to the government... I am Lu Haochuan."
This reaction amused the officers, "Been inside before? What for?"
"There was a time I injured someone…"
"Now, I must tell you, according to this financial record, you are suspected of illegal operations. Let's go, you should know the rules."
The police, having seen the other person's demeanor, were already prepared with their weapons, unaware that this person had been inside before. Even though he was now out, the rules of the inside had seeped into his marrow...
Sure enough, after hearing the police officer's words, Lu Haochuan habitually started to cooperate.
But at that moment, he suddenly recalled something, turned his head to Zhang Wei and said, "Hold on, Lawyer Zhang, wasn't it you who told me to make this transaction record? What... what's going on here?"
Zhang Wei was speechless, indeed, what was going on? A simple loan case...
"Wait, are you a professional lender? Have you previously engaged in usury?"
Lu Haochuan nodded and said, "The interest was a bit high before, but then I looked it up online, and people said as long as it's not above 36%, it's fine. Now my interest rate is so low, so how come... that officer, I'll fully cooperate, I cooperate."
But it was when Lu Haochuan wanted to say how he could be committing a crime, he saw the police uniform and instantly calmed down.
The police officer shook his head, holding back laughter. An extreme lawyer had met an extreme client. With this case, it could probably circulate in Jingzhou's political and legal system for many years...
The man was arrested, and the police were about to take Lu Haochuan away when they were stopped by Tang Fangjing.
"Comrades, please wait a moment, Old... Judge Zhou, seeing that the police need to take the original bank records, can my photocopies serve as evidence?"
This matter was critical evidence in both criminal and civil cases.
Ah? Luo Duancheng looked at Tang Fangjing without knowing what to say. The police arresting someone had already exceeded his expectations, but he hadn't expected that the court could still proceed now?
The people were gone.
Tang Fangjing, seeing what he was thinking, smiled and said, "It doesn't matter if the respondent isn't here, there's a legal representative present. It won't affect the court proceeding."
The determination of the crime of illegal business operations in criminal law doesn't affect professional lending in civil law.
Old Zhou above hesitated for a moment but then spoke up, "Um, comrades, if you could please wait a moment, wait until we have finished hearing this case before leaving."
The police officers looked at each other, and since the judge had said so, they decided to wait.
About ten minutes later, Old Song finally arrived, and thus a uniquely interesting court hearing unfolded.
Lu Haochuan was the plaintiff, but he wasn't sitting at the plaintiff's bench, instead, he sat with the police in the spectator seats.
Zhang Wei's face turned pale, as he had anticipated what was about to happen.
"Based on the bank records, it can be determined that Lu Haochuan's repeated lending activities were regular, habitual, and the borrowers were indistinct, which fits the legal characteristics of professional lending."
"Lu Haochuan, without obtaining lending qualifications and aiming for profit, provided loans to an unspecified public, disrupting the state's normal financial order, violating mandatory legal provisions, and harming the public interest of society!"
"Therefore, the contract between him and Luo Duancheng is invalid. Luo Duancheng has returned the principal amount of eighty thousand yuan and the interest of six months amounting to seven thousand two hundred yuan. Now, calculating at an annual interest rate of 3.65%, six months of interest should be one thousand four hundred fifty-eight yuan.
Therefore, the plaintiff should return the excess interest of five thousand seven hundred forty-two yuan and bear the litigation costs…"
Sitting in the spectator seats, Lu Haochuan was stunned. As the lawsuit went on, not only did he not get the remaining three months' interest, he even had to pay the other party?
Tang Fangjing finished and looked at Luo Duancheng next to him with a smile, "You've got your money for going home over the New Year."
Luo Duancheng still hadn't reacted. I no longer have to pay him, and he has to pay me back over five thousand?
Is this the world of law?
Old Zhou's decision was very quick. The case was clear, and the evidence was clear; a judgment could be made in court.
However, the critical evidence was provided by the plaintiff himself...
When the judgment came down, Lu Haochuan was taken away by the police, his face blank, as if he had been messed around a hundred times.
After the case was closed, Old Song vanished again, perfectly assuming the role of a mascot.
As they reached the doorway, Tang Fangjing spoke, "Master Luo, don't be too happy just yet. I reckon you definitely don't have a contract, but that's okay. Go back and get in touch with your workers, and prepare evidence of your previous work as per my instructions."
For migrant workers seeking unpaid wages, it often involves confirming the labor relationship, but there's no need to worry about this. Under the current environment, it's easy to confirm.
As for Tang Fangjing himself, he was prepared to inquire about the boss of that construction company, to see what the person was really like. Work needed to be done upfront.