2. Legal regulation of illegally absorbing public deposits
Article 176 of the Criminal Law of People's Republic of China (PRC): "Whoever illegally absorbs public deposits or absorbs public deposits in disguised form, thus disrupting the financial order, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also or only be fined; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; 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 and fined.
If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph.
Whoever commits the acts mentioned in the preceding two paragraphs and actively returns the stolen goods before bringing a public prosecution to reduce the occurrence of damage results may be given a lighter or mitigated punishment. "
Article 1 of the Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Laws in the Trial of Criminal Cases of Illegal Fund-raising: "The act of absorbing funds from the public (including units and individuals) in violation of national financial management laws and meeting the following four conditions shall be deemed as" illegally absorbing public deposits or absorbing public deposits in disguised form "as stipulated in Article 176 of the Criminal Law, unless otherwise stipulated in the Criminal Law: (1) absorbing funds without the legal approval of relevant departments or borrowing legal business forms; (two) through the media, promotion meetings, leaflets, mobile phone messages and other means to promote to the society; (3) Commitment to repay the principal and interest or pay the return in the form of currency, material object or equity. In a certain period of time; (four) to absorb funds from the public, that is, the social unspecified objects.
It is not illegal or disguised to absorb public deposits by absorbing funds from relatives, friends or units to specific objects without publicity to the society. "
Article 2 of the Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases of Illegal Fund-raising: "Anyone who commits any of the following acts and meets the conditions stipulated in the first paragraph of Article 1 of this Interpretation shall be convicted and punished for the crime of illegally absorbing public deposits in accordance with the provisions of Article 176 of the Criminal Law: (1) Those who do not have the real content of real estate sales or do not take real estate sales as their main purpose and illegally absorb funds by means of returning to the original sales, after-sale charter, agreed repurchase, and selling real estate shares; (two) illegally absorbing funds through the transfer of forest rights and management on behalf of others; (3) illegally absorbing funds by planting (breeding), renting planting (breeding) or joint planting (breeding); (four) illegally absorbing funds by means of commodity repurchase or consignment. There is no real content of selling goods or providing services or the main purpose is to sell goods or provide services; (five) illegally absorbing funds by means of false transfer of equity or sale of fictitious bonds, etc., which do not have the true contents of issuing stocks and bonds; (6) Raising funds without real content, illegally absorbing funds by means of overseas funds or selling fictitious funds; (seven) without the real content of selling insurance, illegally absorbing funds by means of counterfeiting insurance companies or forging insurance documents; (8) illegally absorbing funds by investing in stocks; (9) Illegally absorbing funds by means of entrusted financial management; (ten) the use of "associations", "social groups" and other non-governmental organizations to illegally absorb funds; (11) Other acts of illegally absorbing funds. "
Article 4 of the Opinions of the Supreme People's Court, the Supreme People's Procuratorate and the Ministry of Public Security on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Illegal Fund-raising: "Anyone who handles the crime of * * * * and provides help for others to illegally absorb public funds and collects agency fees, benefits fees, kickbacks, commissions, royalties and other fees from it, which constitutes the crime of illegal fund-raising, shall be investigated for criminal responsibility according to law. Those who can refund the above fees in time may be given a lighter punishment according to law; If the circumstances are minor, punishment may be exempted; If the circumstances are obviously minor and the harm is not great, it will not be treated as a crime. "
"Opinions of the Supreme People's Court, the Supreme People's Procuratorate and the Ministry of Public Security on Several Issues Concerning Handling Criminal Cases of Illegal Fund-raising" Article 2: "Determination of unit crime.
If a unit carries out illegal fund-raising criminal activities and all or most of the illegal income belongs to the unit, it shall be deemed as a unit crime.
Individuals who commit crimes in a unit established for illegal fund-raising activities, or whose main activities are illegal fund-raising activities after the establishment of the unit, shall not be punished as unit crimes, and those who organize, plan and implement illegal fund-raising activities in the unit shall be investigated for criminal responsibility as natural persons.
To judge whether a unit takes illegal fund-raising as its main activity, it should be determined according to the number, frequency, duration, capital scale, capital flow, manpower and material resources invested, legal operation of the unit and the influence and consequences of criminal activities. "
3. Laws and regulations on fund-raising fraud
Article 192 of the Criminal Law of People's Republic of China (PRC): "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 less than three years but not more than seven years and shall also be fined; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than seven years or life imprisonment, and shall also be fined or confiscated.
If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph. "
Article 4 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases of Illegal Fund-raising: "Whoever commits the acts listed in Article 2 of this Interpretation by fraudulent means for the purpose of illegal possession shall be convicted and punished for the crime of fund-raising fraud in accordance with the provisions of Article 192 of the Criminal Law.
Illegal fund-raising by fraudulent means can be regarded as "for the purpose of illegal possession" under any of the following circumstances: (1) After fund-raising is not used for production and business activities, or it is obviously disproportionate to the scale of fund-raising, so that the fund-raising cannot be returned; (two) wantonly squandering fund-raising, so that the fund-raising can not be returned; (3) fleeing with funds; (4) The funds raised are used for illegal and criminal activities; (5) Evading, transferring funds, concealing property or evading the return of funds; (six) concealing or destroying accounts, or engaging in fake bankruptcy or bankruptcy to escape the withdrawal of funds; (seven) refused to account for the whereabouts of funds, to escape the return of funds; (eight) other circumstances that can be identified as the purpose of illegal possession.
The purpose of illegal possession in the crime of fund-raising fraud should be determined according to the situation. If part of the illegal fund-raising behavior of the actor has the purpose of illegal possession, the fund-raising involved in this part of illegal fund-raising behavior shall be convicted and punished for the crime of fund-raising fraud; If the center of the crime of illegal fund-raising has the purpose of illegal possession and other actors have no intention or behavior of illegal possession of fund-raising, the actor with the purpose of illegal possession shall be convicted and punished for the crime of fund-raising fraud. "
Third, the lawyer suggested that
Now that the police in Shanghai and Huozhou have filed a case for investigation, it is inevitable that the relevant actors will be involved in the case. At present, the only thing the perpetrators involved can do is: bravely take responsibility, surrender to the public security bureau within the time limit set by the police, truthfully confess the facts of the crime, and actively return the stolen goods and compensation for leniency. Otherwise, it will suffer greater losses and pay a greater price.
Here, lawyers should especially remind ordinary staff who are obviously minor and harmless, and you can't treat them as crimes. Therefore, we must take the initiative to go to the public security organs as soon as possible to explain the facts, so as not to be planted by others, and to avoid being caught or even losing a confession.
Related Questions and Answers: Who is the legal person of Jin Lu Research Institute? According to the public information on the website of the National Enterprise Credit Information Publicity System of the State Administration for Industry and Commerce, the legal representative of Qingdao Institute Equity Investment Fund Co., Ltd. is Dong. In addition, Dong also directly and indirectly holds shares in four companies through Qingdao Equity Investment Fund Co., Ltd.
For more public information about this enterprise, please refer to the website of "National Enterprise Credit Information Publicity System".
The relationship between Dong and his "Institute" series companies is as follows: