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.
Article 176 Crime of illegally absorbing public deposits
Whoever illegally absorbs public deposits or absorbs public deposits in disguised form, thus disrupting financial order, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also, or shall only, 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 three 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 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 27 A person who plays a secondary or auxiliary role in the same crime is an accessory. An accessory shall be given a lighter, mitigated or exempted punishment.
Criminals who illegally raise funds often raise funds by exaggerating publicity. Generally, the crime cycle is long, which also breeds some criminal incidents.
Such as kidnapping, violent debt-forcing and other criminal acts, will bring many unstable factors to society. Next, let's look at several typical cases of illegal fund-raising and learn about the punishment for illegal fund-raising.
Analysis of typical cases of illegal fund-raising
Case: Pan xx and other fund-raising fraud cases
In May 2008, the defendant Pan xx registered Nanjing xx Tea Co., Ltd. (hereinafter referred to as "xx Company") in order to defraud other people's property, and hired a salesman in the name of the company to distribute leaflets to unspecified middle-aged and elderly victims in Nanjing city, inviting them to taste Pu 'er tea at the company for free.
Using brochures, videos and other materials to exaggerate the function and collection value of Pu 'er tea, the fictional company claimed that it could collect the purchased Pu 'er tea for free on behalf of ordinary people, and said that the investment money would be used for the company to open a tea house and a tea sales chain.
Promise to return the investment money at the annual interest rate of 14%-22%, and return the principal after one or three years, so as to induce the victim to sign a purchase and sale cooperation agreement and pay the investment money in cash at one time.
From April to May 2009, in order to quickly defraud a large amount of funds, the defendant Pan xx set up several branches in the name of xx Company, and hired the defendants X, Yuan X and Zhu xx as the heads of each branch respectively, and * * * continued to illegally raise funds by the above fraudulent methods.
From May 2008 to June 2009, 5438+ 10, the amount of illegal fund-raising was14.33 million yuan. In addition to buying a small amount of Pu 'er tea, the proceeds from illegal fund-raising were divided up by Pan xx, X, Yuan X, Zhu xx and others, and were disposed of at will, resulting in 3 14 victims' money not being returned.
20 1 1 In April, the Nanjing Intermediate People's Court of zz Province sentenced Pan xx to life imprisonment, deprived of his political rights for life, and confiscated all his personal property.
Sentenced Rui Zhou X to 15 years in prison and fined RMB 300,000; Yuan X was sentenced to 13 years in prison and fined 200,000 yuan; Zhu xx was sentenced to fixed-term imprisonment of 14 years and fined 250,000 yuan.
Extended data:
According to the provisions of the Criminal Law, the crime of fund-raising fraud refers to the act of illegally raising funds by fraudulent means for the purpose of illegal possession, reaching the amount and circumstances stipulated by law.
Illegal absorption or disguised absorption of public deposits can only constitute a crime if it reaches a certain amount or circumstances.
20 10 on may 7th, the Ministry of public security of the Supreme People's Procuratorate formulated and issued the provisions of the Ministry of public security on the standards for filing and prosecuting criminal cases under the jurisdiction of public security organs (II).
Article 28 [Case of Illegal Absorption of Public Deposits (Article 176 of the Criminal Law)] Anyone who illegally absorbs public deposits or absorbs public deposits in disguised form and disrupts the financial order shall be put on file for prosecution under any of the following circumstances:
(1) Individuals illegally absorb or conceal public deposits of more than 200,000 yuan, and units illegally absorb or conceal public deposits of more than 1 million yuan;
(2) Individuals illegally or in disguised form absorb more than 30 public deposits, and units illegally or in disguised form absorb more than 150 public deposits;
(3) Individuals illegally absorb or absorb public deposits in disguised form, resulting in direct economic losses of depositors of more than 100,000 yuan, and units illegally absorb or absorb public deposits, resulting in direct economic losses of depositors of more than 500,000 yuan;
(4) Causing adverse social impact;
(5) Other circumstances that seriously disrupt the financial order.
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