Illegal fund-raising gang in Luoyang Jinmeng Hengshui Palace

1. The crime of fund-raising fraud refers to the act of illegally raising large amounts of funds for the purpose of illegal possession, violating relevant financial regulations, disrupting the country's normal financial order, and infringing on the ownership of public and private property. "Illegal possession" in the crime of fund-raising fraud should be understood as "illegal possession." It can be seen from this concept that this crime is a purpose crime, a statutory crime, an amount crime, and a result crime. The subject of this crime is a general subject. Any natural person who has reached the age of criminal responsibility and has the capacity for criminal responsibility can commit this crime. According to the provisions of Article 200 of this section, units can also become the subject of this crime. Under normal circumstances, this purpose is reflected in transferring the ownership of illegally raised funds to oneself, or squandering the funds at will, or taking possession of the funds and absconding with the money.

2. Article 192 of the "Criminal Law of the People's Republic of China" The crime of fund-raising fraud is the use of fraudulent methods to illegally raise funds for the purpose of illegal possession. If the amount is relatively large, the sentence is to be not less than five years in prison or criminal detention, and a fine of not less than 20,000 yuan but not more than 200,000 yuan; If the amount is particularly huge or there are other particularly serious circumstances, the offender 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 have property confiscated.

Article 199 of the "Criminal Law of the People's Republic of China" stipulates the death penalty for the crime of financial fraud if the crime specified in Article 192 of this section is committed, the amount is particularly huge and has caused harm to the interests of the country and the people Those who suffer particularly heavy losses shall be sentenced to life imprisonment or death, and their property shall be confiscated.

Article 200 of the "Criminal Law of the People's Republic of China" stipulates the penalties for entities committing financial fraud crimes. If a unit commits a crime specified in Articles 192, 194, and 195 of this section, the unit shall be fined and the person directly in charge and other directly responsible persons shall be fined. , shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and may also 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 five years but not more than 10 years, and shall also be fined; if the amount is particularly huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years and shall also be fined; if the amount is particularly huge or there are other particularly serious circumstances, he shall be sentenced to Fixed-term imprisonment of not less than ten years or life imprisonment and a fine.

3. As for the starting point of huge or particularly huge amounts, according to the provisions of the Supreme People's Court's "Interpretations on Several Issues Concerning the Specific Application of Laws in the Trial of Fraud Cases" 1996 12 16, fund-raising defrauds individuals of more than 200,000 yuan and units. If the amount exceeds 500,000 yuan, it can be considered as a huge amount; if an individual commits a fraud of more than 6,543,800 yuan, and if an organization commits a fraud of more than 2.5 million yuan, it can be considered as an extremely huge amount.

4. Filing Standards

According to the "Regulations on the Prosecution Standards of Economic Crime Cases" by the Supreme People's Procuratorate and the Ministry of Public Security, for the purpose of illegal possession, fraud and illegal fund-raising are committed, and the following circumstances are suspected One of the following should be prosecuted:

1. Personal fund-raising fraud, with the amount exceeding 654.38 million yuan;

This mainly refers to illegally raising funds through fraudulent means for the purpose of illegal possession. , the cumulative amount of a single fund-raising fraud reached more than 654.38 million yuan. The so-called "for the purpose of illegal possession" means that criminals have the subjective purpose of taking illegally raised funds for themselves. The so-called "fraud method" refers to the perpetrator using fictitious fund-raising purposes and using false documents and high returns as bait to defraud the funds.

b. Unit fund-raising fraud, the amount is more than 500,000 yuan.

According to the Supreme People's Court's "Interpretations on Several Issues Concerning the Specific Application of Law in the Trial of Fraud Cases", one of the following situations exists. His behavior should be determined to be "illegal fund-raising for the purpose of illegal possession and fraud":

(1) Escape with the funds raised;

(2) The funds raised were squandered, resulting in The funds raised cannot be returned;

(3) The funds raised are used to carry out illegal and criminal activities, resulting in the funds being unable to be returned;

(4) The funds raised are refused to be returned due to other fraudulent activities, Or the funds raised cannot be returned. If one of the above-mentioned illegal fund-raising activities reaches an amount of more than 654.38 million yuan, the public security organs shall file a case for investigation.