If the salesman knows that it is fund-raising fraud and still participates, it may constitute a crime. Whoever illegally raises funds by fraudulent means for the purpose of illegal possession, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan or confiscated property.
Successful salespeople generally don't go to jail. Only when the salesman illegally raises funds by fraudulent means for the purpose of illegal possession, and the amount is large, which constitutes the crime of fund-raising fraud, will he bear the corresponding criminal responsibility. Whether to sentence or not depends on the results of supplementary investigation by public security organs. If the evidence is complete, he may be prosecuted. Whether or not to refund the commission depends on whether the income is recognized as illegal income. Generally, an accomplice in the crime of illegally absorbing public deposits can be convicted and punished. But you can ask a lawyer to try to get a plea of not guilty.
If the unit implements fund-raising fraud and the amount is more than 500,000 yuan, it shall be deemed as "a large amount"; If the amount is more than 6.5438+0.5 million yuan, it shall be deemed as "a huge amount"; If the amount is more than 5 million yuan, it shall be deemed as "extremely huge".
The amount of fund-raising fraud is calculated by the amount actually defrauded by the perpetrator, and the amount returned before the incident is deducted. Advertising fees, agency fees, handling fees, kickbacks paid by the actor for fund-raising fraud activities, or expenses for bribery, gifts, etc. shall not be deducted. The interest paid by the actor for fund-raising fraud shall be included in the fraud amount, except that the principal can not be deducted.
legal ground
Article 272 of the Criminal Law of People's Republic of China (PRC), any employee of a company, enterprise or other unit who, by taking advantage of his position, misappropriates the funds of his own unit for personal use or lends them to others, and fails to pay them back for more than three months, or engages in profit-making activities or illegal activities for less than three months, shall be sentenced to fixed-term imprisonment or criminal detention; Whoever misappropriates the funds of his own unit in a huge amount, or fails to return the funds in a large amount, shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years. Personnel engaged in public service in state-owned companies, enterprises or other state-owned units and personnel appointed by state-owned companies, enterprises or other state-owned units to engage in public service in non-state-owned companies, enterprises or other units shall be convicted and punished in accordance with the provisions of Article 384 of this Law.
Article 31 If a unit commits a crime, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished. Where there are other provisions in the specific provisions of this Law and other laws, those provisions shall prevail.