The crime of fund-raising fraud refers to the illegal fund-raising by fraudulent means for the purpose of illegal possession.

The explanations of illegal fund-raising and illegal absorption of public deposits in relevant regulations are basically the same (omitted), and it is of little significance to explain them literally. The difference that can be seen at a glance is the object of these two behaviors: "funds" and "deposits", one absorbs funds and the other absorbs funds deposited in banks.

However, in law, we can see the significance of distinction.

According to the judicial interpretation of the Supreme Court, fund-raising fraud and illegal absorption of public deposits are both illegal fund-raising behaviors, both of which are inclusive. What's the point?

The criminal law stipulates the crime of illegally absorbing public deposits, that is, the act of absorbing deposits, which reaches a certain amount and is harmful, can be convicted. As mentioned above, there is no crime of illegal fund-raising in the criminal law. That is to say, among all the crimes of illegal fund-raising, only the crime of illegally absorbing public deposits is the amount crime, which is the bottom clause of this type of crime (when there is illegal fund-raising and the amount is large, but it cannot be convicted of other crimes, it is convicted of this crime). If the act has the purpose of illegal possession (that is, not wanting to return it) or deception, it constitutes the crime of fund-raising fraud.

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Two, the punishment standard of illegal fund-raising.

The crime of illegal fund-raising is mainly embodied in the crime of illegally absorbing public deposits and the crime of fund-raising fraud stipulated in the criminal law.

Crime of illegally absorbing public deposits Article 176 Whoever illegally absorbs public deposits or absorbs public deposits in disguised form, thus disrupting 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.

Crime of fund-raising fraud Article 192 Whoever illegally raises funds by fraudulent means for the purpose of illegal possession, if the amount is relatively large, 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 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.

Three. Definition of illegal fund-raising

Illegal fund-raising (according to the provisions of the Notice on Banning Illegal Financial Institutions and Illegal Financial Business Activities) refers to the behavior that a unit or individual raises funds from the public by issuing stocks, bonds, lottery tickets, investment fund securities or other creditor's rights certificates without the approval of the relevant departments in accordance with legal procedures, and promises to repay the principal and interest to investors in cash, in kind or in other ways within a certain period of time.

In order to punish illegal fund-raising crimes such as illegally absorbing public deposits and fund-raising fraud, the Supreme People's Court, together with the CBRC and other relevant units, studied and formulated the Interpretation on Several Issues Concerning the Specific Application of Laws in the Trial of Criminal Cases of Illegal Fund-raising, which came into effect on 20114.

Through reading the above, we know that illegal fund-raising is a very harmful behavior to society, and the perpetrators should be severely punished to prevent the same behavior from happening again. As ordinary citizens, we should always be vigilant, raise legal awareness and prevent people with ulterior motives from succeeding.