A good criminal lawyer in Weihai

Q: Hello, lawyer, my brother runs a fishing boat in Weihai, Shandong Province, and bought two fishing boats in June this year. On September 2, 2009, one of them went fishing and sank for non-human reasons, and settled claims with the insurance company. At the beginning of September, he monopolized another ship, and then the ship sank for non-human reasons. Since the second ship resold by others has not been transferred, and my brother has already handled the insurance claim for the first sunken ship (the insurance company has not paid it), the buyer and my brother negotiated to jointly handle the insurance claim, and negotiated to pay 1/3 insurance money to my brother after receiving the claim. When the second ship was in operation, the captain did not have a captain's license. The buyer and my brother were afraid that the insurance company would not settle the claim, so they used another person with a captain's license to pretend to be the captain and submit the materials when applying for compensation. Now my brother has been reported, and the public security organ has placed my brother and the boat buyer in administrative detention on suspicion of fraud 16 days. Does my brother's behavior really constitute fraud or attempted fraud? If convicted, what will be the sentence? (At that time, the insurance amount of the two ships was 600,000 yuan each)

A: The Scout Law Online Consultation will answer your question.

Hello, the crime of fund-raising fraud refers to the act of illegally raising a large amount of funds for the purpose of illegal possession, violating relevant financial laws and regulations, disrupting the normal financial order of the country and infringing on the ownership of public and private property. The determination of the crime of illegal fund-raising is based on the following aspects: the crime of fund-raising fraud is subjectively composed of intention and aims at illegal possession. That is, the actor subjectively has the purpose of taking illegally gathered funds for himself. The crime of fund-raising fraud must objectively involve illegal fund-raising. The so-called fund-raising refers to the behavior of natural persons or legal persons to raise funds or concentrate funds for a certain purpose. China's criminal law stipulates three levels of punishment for the crime of illegal fund-raising. He shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan. If the amount of fraud is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five 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 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 not less than 50,000 yuan but not more than 500,000 yuan or confiscated property. Due to the complexity of such criminal cases, from the actual cases, the amount of fraud is generally very large, some of which exceed one million yuan, ten million yuan, and some even reach hundreds of millions and hundreds of millions of yuan. That man's behavior has constituted the crime of illegal fund-raising. You can sue him at the procuratorate.