I. Crime of illegally absorbing public deposits The crime of illegally absorbing public deposits refers to the act of illegally absorbing or absorbing public deposits in disguised form in violation of the provisions of national laws and regulations, and disrupting the financial order.
1. According to Article 4 of the State Council's Measures for Banning Illegal Financial Institutions and Illegal Financial Business Activities, illegally absorbing public deposits refers to the activities of absorbing funds from unspecified social objects without the approval of the People's Bank of China, issuing vouchers and promising to repay the principal and interest within a certain period of time; Disguised absorption of public deposits refers to an activity that, without the approval of the People's Bank of China, absorbs funds from unspecified social objects in the name of absorbing public deposits, but promises to perform the same obligations as absorbing public deposits.
2.200 1 the Supreme People's Procuratorate and the Ministry of Public Security jointly issued the Standard Provisions on the Prosecution of Economic Crime Cases, in which Article 24 stipulates that anyone who illegally absorbs public deposits or absorbs public deposits in disguised form and disrupts the financial order shall be prosecuted under any of the following circumstances:
(1) Individuals illegally absorb or absorb public deposits in disguised form, with an amount of more than 200,000 yuan, and units illegally absorb or absorb public deposits in disguised form, with an amount of more than10 million yuan;
(2) Individuals illegally or disguised to absorb more than 30 public deposits, and units illegally or disguised to absorb more than 150 public deposits;
(3) Where an individual illegally absorbs or disguises public deposits, resulting in direct economic losses of more than 100,000 yuan for depositors, and the unit illegally absorbs or disguises public deposits, resulting in direct economic losses of more than 500,000 yuan for depositors.
3, sentencing standards:
If a natural person commits this crime, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or 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 and fined not less than 50,000 yuan but not more than 500,000 yuan. If a unit commits this crime, 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 this crime committed by individuals.
Second, fund-raising fraud
1. 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. Different from the single criminal object of the crime of illegally absorbing public deposits (referring to the crime of violating the financial management order), the criminal object of the crime of fund-raising fraud belongs to a complex object, which violates both the financial management order and the ownership of public and private property.
2. 1996 "Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in the Trial of Fraud Cases" stipulates in Article 3: The "fraudulent method" in the crime of fund-raising fraud refers to the means by which the actor uses fictitious fund-raising purposes and uses false certification documents and high returns as bait to implement fraudulent fund-raising; If the actor has one of the following circumstances, it shall be deemed that his behavior belongs to "fraudulent illegal fund-raising for the purpose of illegal possession":
(1) escaped with the funds raised;
(2) the fund-raising funds are squandered, which makes it impossible to return the fund-raising;
(three) the use of fund-raising funds for illegal and criminal activities, so that the fund-raising funds can not be returned;
(4) Refusing to return the fund-raising funds due to other fraudulent acts, or making it impossible to return the fund-raising funds.
3.200 1 the Supreme People's Court Summary of the Symposium on the Trial of Financial Crimes by National Courts summarizes the purpose of illegal possession in the crime of fund-raising fraud as follows:
(1) defrauding a large amount of money knowing that he has no repayment ability;
(2) absconding after illegally obtaining funds;
(3) defrauding funds at will;
(four) the use of fraudulent funds for illegal and criminal activities.
(five) evasion of accounts, false bankruptcy, and evasion of returning funds.
(seven) other illegal possession of funds and refused to return.
According to the Standard Provisions on the Prosecution of Economic Crime Cases, if the amount of fund-raising fraud by individuals is more than 100,000 yuan, or if the amount of fund-raising fraud by units is more than 500,000 yuan, criminal responsibility shall be investigated according to law. Because the crime of fund-raising fraud is subjective and vicious, and the social harm is great, the amount of fund-raising fraud is extremely huge, causing particularly heavy losses to the interests of the state and the people, and the maximum penalty is death.
4. Sentencing standard:
Whoever commits the crime of fund-raising fraud shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and fined not less than 20,000 yuan but not more than 200,000 yuan; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than 5 years/kloc-0 and not more than 0 years, and shall be fined not less than 50,000 yuan but not more than 500,000 yuan; Whoever commits the crime of fund-raising fraud, if the circumstances are especially serious, shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment, and a fine of not less than 50,000 yuan but not more than 500,000 yuan or confiscation of property; Whoever commits the crime of fund-raising fraud, the amount of which is especially huge, causing particularly heavy losses to the interests of the state and the people, shall be sentenced to life imprisonment or death, and his property shall be confiscated.
Extended data:
Illegal financing refers to an activity that absorbs funds from unspecified social objects in the name of absorbing public deposits without the approval of relevant departments, but promises to fulfill the same obligations as absorbing public deposits.
Characteristics of illegal financing:
First, 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 examine and approve fund-raising.
The second is to 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.
The third is to raise funds from unspecified objects in society. The "unspecified object" here refers to the public, not a specific minority.
The fourth is to cover up the essence of illegal fund-raising in a legal form.
Like illegal fund-raising, there are various ways to raise funds, and various criminal acts are intertwined.
References:
Baidu Encyclopedia: Illegal Financing