Prove whether it has the purpose of illegal possession from the following aspects: First, analyze the financing mode. Suspects of fund-raising fraud generally ignore the realistic possibility of repaying principal and interest when financing. In order to defraud victims, high interest rates are often used as bait, and their financing costs are often higher than the normal profit level of enterprises, and they are bound to be higher than their actual profit level. The second is to analyze the financing scale. In practice, because of poor management, some enterprises can't turn over their funds for a while. In order to save their lives, they raise funds from the society by setting high returns, but their financing scale is generally specific and temporary. The crime of fund-raising fraud often has no upper limit on the financing scale and the financing time lasts longer. The third is to analyze the upward flow of funds. If the raised funds are exchanged through personal accounts, but do not enter the enterprise account, or enter the enterprise account but escape and transfer in a short time, and are not actually used for the production and operation of the enterprise, or the scale of the raised funds is obviously disproportionate to the production and operation activities, so that the raised funds cannot be returned, it can be considered as illegal possession. The fourth is from the analysis of investment projects. If the investment project is fictitious, or the investment project is real, but its funding gap is obviously out of proportion to the scale of the raised funds, and its profit level is far lower than the financing cost, it can also be clearly seen that it does not have the realistic possibility of returning all the principal and interest of the raised funds, resulting in the inability to return the raised funds, which can be considered as illegal possession. Units can also be the main body of fund-raising fraud. If a unit commits this crime, it shall not only impose a fine on the unit according to law, but also investigate the criminal responsibility of the directly responsible person in charge and other directly responsible personnel of the unit. However, in the actual sentencing, we should not only take the amount of fund-raising fraud as the basis, but also consider the plot of fraud means, fraud times and other harmful results.
Legal objectivity:
Article 266 of the Criminal Law of People's Republic of China (PRC) stipulates that whoever defrauds public or private property in a relatively large amount shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, 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 or life imprisonment, and shall also be fined or confiscated. Where there are other provisions in this Law, such provisions shall prevail.