The crime of fund-raising fraud refers to the illegal fund-raising by fraudulent means for the purpose of illegal possession. Gao Ding, a lawyer from Han Wei Law Firm, said that its constituent elements are:
1) The object of this crime is the national financial management system and the ownership of public and private property.
2) Objectively speaking, it is a large amount of illegal fund-raising by fraud. "Fraudulent method" refers to a means by which the actor uses fictitious fund-raising purposes to defraud the fund-raising funds with false supporting documents and high return rate as bait. "Illegal fund-raising" refers to the act of raising funds from the public by legal persons, other organizations or individuals without the approval of the competent department.
3) The subject of crime is a general subject, and both natural persons and units can constitute the subject of this crime.
4) Subjectively, it consists of direct intention and has the purpose of illegal possession and fund-raising. That is, the actor subjectively has the purpose of taking illegally gathered funds for himself. The so-called misappropriation includes not only placing the illegally raised funds under the control of the illegally raised individuals, but also placing the illegally raised funds under the control of the unit. Indirect intention and negligence do not constitute this crime.
The crime of contract fraud refers to the act of defrauding the other party of a large amount of property for the purpose of illegal possession during the signing and performance of the contract. The constitutive requirements of this crime are:
1) The object of this crime is the order of economic contract management and the ownership of public and private property. "Contract" mainly refers to economic contracts.
2) Objectively speaking, it is the act of defrauding the other party's property in the process of issuing an apprenticeship contract, and the amount is relatively large. It mainly includes the following five behaviors: a. signing a contract in the name of a fictitious unit or using the name of others. (2) Using forged or altered invalid bills or other false property rights certificates as collateral. C does not have the actual performance ability, tricking the other party into continuing to sign and perform the contract by performing the small contract first or partially. D. Escape after receiving the goods, payment, advance payment or secured property from the other party. E. defrauding the other party's property by other means.
3) The subject of this crime is the general subject, and both individuals and units can constitute the subject of this crime.
4) Subjectively, it is intentional and has the purpose of illegally occupying public and private property.
Fund-raising fraud and contract fraud are both acts of defrauding others of their property for the purpose of illegal possession. The difference between the two is that:
1, the object of crime is different: the former infringes on the national financial management system and the ownership of public and private property. This kind of crime not only seriously infringes on the interests of the public, especially the immediate interests of investors, but also disrupts the financial order of the country and directly affects social stability. The latter violated the ownership of public and private property and market order. This kind of criminal behavior infringes on the property rights and interests of others, and also infringes on the order of economic contract management in China and disrupts the order of market economy.
2. The objects of the crime are different: the former is the behavior of the perpetrator to illegally raise funds from the public by fraud, which infringes on unspecified groups and seriously infringes on the interests of the public, especially the vital interests of investors.
Second, the characteristics of illegal fund-raising
1, without the approval of relevant departments according to law, including fund-raising without the approval of departments with approval authority; The department with the power of examination and approval ultra vires to approve fund-raising, that is, the fund-raiser does not have the qualification of fund-raising subject.
2. Promise to repay the principal and interest to investors within a certain period of time. In addition to monetary forms, there are also physical forms and other forms of debt service.
3. Raise funds from unspecified social objects. The "unspecified object" here refers to the public, not a specific minority.
4. Cover up the essence of illegal fund-raising in a legal form. In order to cover up their illegal purposes, criminals often sign contracts with investors (victims) and pretend to be normal production and business activities in order to maximize their ultimate goal of defrauding funds.
Contract fraud refers to the act of defrauding the other party's property by fabricating facts, concealing the truth and setting traps during the signing and performance of the contract for the purpose of illegal possession. Or one party to the contract deliberately conceals the real situation, or deliberately tells the other party false information to induce the other party to make a wrong expression of intention, so as to sign or perform the contract with it.
Third, the form of contract fraud.
1. To cover up the illegal purpose by legal means, in order to facilitate the implementation of fraud, fraudsters register with the administrative department for industry and commerce with forged or other people's identity documents, and then recruit and train employees in the name of the company, and employees cheat. The real behind-the-scenes planner has never appeared in the whole fraud process. Therefore, in contract fraud cases, it is usually the salesmen or ordinary employees of the company who are ultimately investigated for criminal responsibility, while the planners hidden behind the legitimate company rarely have direct contact with the deceived, thus avoiding legal sanctions. Deception in the name of a legitimate company can reduce the risk of fraud and increase the concealment of fraud means. What's more, the company even cheated the employees it recruited, and the plot was very bad.
Those who return to their old jobs are often cheated. Most fraudsters are experts who cheat many times. Usually, once a crime is discovered, they will flee immediately. When they feel that the wind is not tight, they will return to their old jobs. Because they are very familiar with deception, they can quickly set up fraud organizations and implement fraud in a short time. Moreover, in order to escape the punishment of the law, they will learn a lesson and disappear immediately after they succeed, which makes it difficult for relevant departments to investigate and deal with it.
3. It is a popular legal witness form to defraud the trust contract through witness, fraud, notarization and lawyer witness. It is precisely because these two forms have good social effects and are well known to ordinary people that fraudsters can easily grasp this psychology, thus reflecting the authenticity of their cooperation projects and contracts. Lawyer Gao said that at this time, the deceived people think that cooperation projects and contracts are protected by law. If the other party breaches the contract, it can protect its rights through legal procedures. This also makes the deceived completely believe the deceived person as if he had taken the reassurance, so that the deceived person has been cheated of property many times, and sometimes even cheated continuously without knowing it. It is worth mentioning that lawyers said that this method, usually when the deceived person is still hesitant, as long as the fraudster uses this method, the deceived person will believe it and be deceived.
4. The identity cards, unit certificates and other documents of criminals who use other people's names are forged. They are very good at camouflage, bluffing and even using other people's assets to show their strength, doing whatever they want and even bribing the person in charge of the injured unit to defraud their trust. 5. Illegally obtaining forged secured bills, and committing contract fraud by using forged, altered or invalid bills or false property rights certificates as guarantees. Criminals or the use of high-tech means to forge such bills, enough to confuse the audience, or through illegal means to obtain, not easy to be detected.