1, 2015 July 18, China People's Bank and other ten departments issued the Guiding Opinions on Promoting the Healthy Development of Internet Finance, clarifying that the legal nature of P2P network loans is private lending, and the P2P platform is an information intermediary, strictly excluding the nature of credit intermediary. 2. According to the provisions of Article 176 of the Criminal Law, illegally absorbing public deposits or absorbing public deposits in disguised form, which disturbs the financial order, constitutes the crime of illegally absorbing public deposits. According to Article 1 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in the Trial of Criminal Cases of Illegal Fund-raising, if the following four conditions are met at the same time, it 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 approval of relevant departments according to law 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 for specific targets without publicity to the society. That is, the four elements of illegally absorbing public deposits are: 1 absorbing funds, 2 publicity, 3 commitment to repay the principal and interest, and 4 absorbing funds from unspecified objects. 3. The P2P platform of crime and non-crime is divorced from the intermediary nature, and it is easy to constitute a crime if the four elements are not absorbed. The person in charge of the platform constitutes a crime, the auxiliary personnel and participants may become criminals, and the matchmaker may also constitute criminals. Xu Mobiao and Yu Mou committed the crime of illegally absorbing public deposits. The first instance was the criminal judgment of the People's Procuratorate of Shangyu District, Shaoxing City. (20 15) criminal judgment, No.229, Zi Chu, Yu Shao, is the public prosecution organ. Defendant Xu Moumou Defendant Yu Mou Defendant Chen Moujia Defendant Xu Mou Defendant Song Mou Defendant Zheng Mou Defendant Xu Moujia's basic case was found through trial: From May 20 13 to June 0/0, Defendant Xu Moumou signed the P2P Online Lending System Development and Maintenance Contract with Rongdu Company under the mediation of Defendants Yu Mou, Jiang and Wang Yi (all handled separately). Build a "venture capital" platform with the company actually controlled by Xu, and announce to the public that during the period from the end of July to the middle and late June of 20 13, the company with Xu as its legal representative lured the platform to the whole country with the annual interest of 19-50% plus the guarantee of 1. Yu, Jiang and Wang Yi made illegal profits for this 1.95 million yuan. Defendants Tao Mou, Chen Mou Jia, Xu Mou, Song Mou, Zheng Mou and Xu Moujia knew that the platform was illegally absorbing public deposits from investors all over the country, but they still helped Xu Moumou and the platform to carry out non-absorption activities. Among them, Taomou and Chen Mou Jia provide customer service training, operation and planning for the platform. Tao got a benefit of 50,000 yuan, and Chen Mou Jia got a benefit of 2,000 yuan. Xu manages the platform's non-fee-absorbing activity funds; Song bid for the loan contract for the platform; Zheng is responsible for cash withdrawal, account review and payment on the platform; Xu Moumou appointed Xu Moujia as the legal representative of the company and signed a P2P online loan system development and maintenance contract with Rongdu Company. After the establishment of the platform, Xu Moumou was appointed to collect part of Xu Moumou's fund lending interest. Some of the deposits absorbed by Xu in this way are used to pay the interest and rewards of platform investors, some are used for the operation of the company, and some are loaned to enterprises and individuals in Shangyu and Cixi at high interest rates to make profits. After the incident, Xu has returned10.56 million yuan to some investors, of which 88 1 small investors have settled their claims. After deducting part of the rewards and interest paid before the incident, there are still 33/kloc-0 investors whose principal is 3,784,268.51yuan (see the attached table for details). It was also found out that after the incident, the defendant Yu Mou * * * withdrew from the illegal income of 6,543,800 yuan +0.5 million yuan, and obtained the understanding of some investors. Defendant Tao Mou withdrew from the illegal income of RMB 50,000, and defendant Chen Mou Jia withdrew from the illegal income of RMB 2,000. The court ruled that the defendant Xu violated the national financial management regulations, publicized to the public by setting up a P2P network platform for financing without the approval of the relevant departments according to law, and promised to repay the principal and interest within a certain period of time and absorb funds from unspecified objects in society. The amount is huge. Defendants Yu Mou, Tao Mou, Chen Mou Jia, Xu Mou, Song Mou, Zheng Mou and Xu Moujia knew that defendant Xu had illegally absorbed public deposits through the P2P network platform, but they still provided corresponding help. The charges accused by the public prosecution agency are established and supported. In the joint crime of * * *, the defendant Xu is the actual controller of the company, who has complete control and dominance over the absorbed funds and plays a major role, and should be punished according to all the crimes committed. The defendant Xu's defense opinion put forward by his defender, which is subjective and vicious, is not as good as that of the trader, and cannot be established and will not be adopted; Defendants Yu Mou, Tao Mou, Chen Mou Jia, Xu Mou, Song Mou, Zheng Mou and Xu Moujia participated in the crime in business and were assigned or employed, playing a secondary or auxiliary role. Among them, the defendant Yu was given a lighter punishment according to law, and the defendants Tao, Chen Mou Jia, Xu, Song, Zheng and Xu were given a lighter punishment according to law. Defendants Xu Moumou, Tao Mou, Chen Mou Jia, Xu Mou, Song Mou, Zheng Mou and Xu Moujia voluntarily surrendered after committing a crime, and truthfully confessed their crimes, which belongs to surrender and can be given a lighter punishment according to law. The defendant, Tao Mou, persuaded the accomplice to be brought to justice and made meritorious deeds, so he can be given a lighter punishment according to law. After the incident, the defendant Xu Moumou returned some of the stolen money, and each defendant may be given a lighter punishment as appropriate. Defendants Yu Mou, Tao Mou and Chen Mou Jia withdrew from personal illegal income, and defendant Yu Mou also withdrew from some illegal income and obtained the understanding of some investors, so they can be given a lighter punishment as appropriate. The above requirements put forward by the defender are valid for the defendant's defense opinion of lighter punishment and are adopted. With the help of the defendant Yu and others, Xu signed a P2P online loan system development and maintenance contract with Rongdu Company, and Li He's venture capital platform was established, from which he made a profit of 6.5438+0.95 million yuan. Therefore, the defendant Yu did not belong to the crime, and Yu, who was put forward by his defender, played a secondary role, and the defense opinion requesting exemption from criminal punishment was not adopted. Combined with the confession of the defendant Xu Moumou, as the legal representative of Lihe Company, he was not coerced by the defendant Xu Moumou, so the defense opinion that Xu Moumou constituted a coerced accomplice put forward by his defender could not be established. Attachment: 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 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. Twenty-fifth * * * accomplice refers to two or more * * * accomplices who commit intentional crimes. If two or more people commit a negligent crime, they shall not be punished as negligent crimes; Those who should bear criminal responsibility should be punished according to the crimes they committed. Article 26 The ringleaders are those who organize and lead criminal groups to engage in criminal activities or play a major role in joint crimes. A relatively fixed criminal organization in which three or more persons jointly commit crimes is a criminal group. The ringleaders who organize and lead a criminal group shall be punished according to all the crimes committed by the group. Principal offenders other than those specified in the third paragraph shall be punished according to all the crimes they participated in, organized or directed. Article 27 A person who plays a secondary or auxiliary role in a joint crime is an accessory. An accessory shall be given a lighter, mitigated or exempted punishment. The above is about this legal knowledge, I hope I can help you. If you are unfortunate enough to encounter some thorny legal problems, and you have the idea of entrusting a lawyer, we have many lawyers who can provide services for you. We also support online selection of lawyers in designated areas, and all of them have detailed information about relevant lawyers. Citing law: Article 176th of the Criminal Law of People's Republic of China (PRC).