Q: Lawyer, my brother in Weihai City, Shandong Province, operating fishing boats, in June this year, purchased two fishing boats. 2009 September 2 fishing operations, one of the shipwrecked in an accident caused by non-human reasons, to the insurance company to make a claim. in early September, he sold the other boat exclusively to other people, and then the shipwrecked in an accident caused by non-human reasons. Since the second boat that was sold to another person was not transferred, and my brother had filed an insurance claim for the first shipwreck (the insurance company had not yet paid the claim), the buyer of the boat and my brother discussed *** with my brother to file an insurance claim and agreed to give 1/3 of the insurance money to my brother in case of a claim. The captain of the second vessel did not have a captain's license at the time of operation, and the buyer and my brother were afraid that the insurance company would not settle the claim, so they used another person who had a captain's license to pretend to be the captain of the vessel to submit the documents when applying for the claim. Now my brother was reported, the public security organs have been my brother and the boat buyer suspected of fraud criminal detention for 16 days, may I ask my brother's behavior really constitute fraud or attempted fraud? If convicted, what will be the sentence? (At that time, the insurance amount of the two boats were 600,000 yuan each)
A: Jun with the legal online consulting for you to answer
Hello, the crime of illegal fund-raising refers to the purpose of illegal possession, in violation of the provisions of the relevant financial laws and regulations, the use of fraudulent methods of illegal fund-raising, disrupting the normal financial order of the country, infringement of the ownership of private and public property, and the amount of the behavior of the larger. Determination of the crime of illegal fund-raising, in accordance with the following aspects: the crime of fund-raising fraud is subjectively constituted by the intentional, and for the purpose of illegal possession. That is, the criminal subjectively has the purpose of illegal collection of funds for their own use. The crime of fund-raising fraud objectively must have the behavior of illegal fund-raising. The so-called fund-raising refers to the behavior of natural or legal persons to collect funds or concentrate funds for the purpose of realizing a certain purpose. China's Criminal Law stipulates three grades of punishment for the crime of illegal fund-raising using fraudulent methods. That is, the penalty is fixed-term imprisonment of not more than five years or criminal detention, and a fine of not less than 20,000 yuan but not more than 200,000 yuan. If the amount of fraud is huge or there are other serious circumstances, the penalty shall be fixed-term imprisonment of not less than five years and not more than ten years, and a fine of not less than 50,000 yuan and not more than 500,000 yuan. If the amount is particularly large or there are other particularly serious circumstances, the penalty shall be fixed-term imprisonment of more than ten years or life imprisonment, and a fine of more than 50,000 yuan and less than 500,000 yuan or confiscation of property. Due to the complexity of the situation of this type of crime cases, from the actual occurrence of cases, the amount of fraud is generally very large, some amounts in millions of dollars, tens of millions of dollars or more, and some even reach hundreds of millions of dollars, billions of dollars. That person's behavior has constituted the crime of illegal fund-raising, you can go to the prosecutor's office to prosecute him.