The criminal activities of illegal fund-raising must be related to money, and its purpose is to take the victim's money for himself. Therefore, if the case of illegal fund-raising is exposed, the greater the amount of illegal fund-raising, the more serious the punishment. Under normal circumstances, the implementers of illegal fund-raising will cheat others of their money. What I want to introduce to you is, does illegal fund-raising in China count?
1. Does illegal fund-raising in China count?
Illegal fund-raising is not a concept in criminal law. What we usually refer to as illegal fund-raising is a comprehensive concept, including various acts of fund-raising fraud, which refer to the following acts without the approval of the People's Bank of China:
(1) illegally absorbing public deposits or absorbing public deposits in disguised form;
(2) illegally raising funds from unspecified objects in any name without legal approval;
(three) illegal loans, settlement, bill discount, capital lending, trust and investment, financial leasing, financing guarantee, foreign exchange trading;
(4) Other illegal financial business activities identified by the People's Bank of China. In criminal law, illegal fund-raising involves two crimes, one is the crime of illegally absorbing public deposits, and the other is the crime of fund-raising fraud.
If there is no purpose of illegally appropriating other people's property, it is a crime of illegally absorbing public deposits.
If you have the purpose of fraud and take other people's property for yourself to raise funds, it is a crime of fund-raising fraud.
1. Individuals illegally absorb or absorb public deposits in disguised form, the amount is more than 200,000 yuan, and units illegally absorb or absorb public deposits in disguised form, the amount is more than 6,543,800 yuan;
2. Individuals illegally or disguised to absorb more than 30 public deposits, and units illegally or disguised to absorb more than 50 public deposits/kloc-0;
3. Individuals illegally absorb or disguise public deposits, causing direct economic losses to depositors, and units illegally absorb or disguise public deposits, causing direct economic losses of more than 500,000 yuan to depositors.
Whoever commits this crime shall be punished in accordance with Article 176 of the Criminal Law.
The other is the crime of fund-raising fraud, which means that for the purpose of illegal possession, the amount of illegal fund-raising through fraud is relatively large. According to the provisions of the "traceability standard", "large amount" refers to:
1, personal fund-raising fraud, the amount is more than 654.38+10,000 yuan;
2, the unit fund-raising fraud, the amount of more than 500 thousand yuan;
2. What are the signs of illegal fund-raising?
Often under the guise of national, regional or industrial and financial development policies, they fabricate "investment projects" and "wealth management products", fabricate investment prospects, and use high profits as bait to illegally raise funds from the public.
1. In the name of overseas companies, falsely publicize the so-called investment in overseas wealth management, gold, futures and other projects, and some hold "investment" promotion conferences overseas, such as high-end hotels in China, Hong Kong, Macao and Taiwan, and Southeast Asian countries;
2. A collective account is an account opened in China in the name of a foreigner to receive investment funds from investors;
3. The company's website registration place and server location that promises high returns are overseas, or the company's executives are foreigners, making false propaganda;
4. Take the appreciation of online virtual currency, spot trading, mutual fund assistance, gold, precious metals, futures and foreign exchange trading as gimmicks to induce investors to invest, especially to encourage others to develop and give them a commission;
5. Frequently change website names and investment projects;
6. There is no formal filing on the company website;
7. Personal account or cash will be used to collect funds, and some commissions, dividends and interests will be given for on-site or immediate delivery of principal;
8. Commitment to ultra-high rate of return, especially commitment to "static" and "dynamic" returns;
9. Obviously beyond the registered business scope of the company, especially without the qualification to engage in financial business;
10, set up stalls in streets, supermarkets, shopping malls and other crowded places to distribute advertisements of "wealth management products", especially for middle-aged and elderly people.
In fact, what I want to say here is that the question you asked is rather vague. First of all, in this case, it is necessary to distinguish whether the criminal suspect constitutes an illegal fund-raising crime. If it constitutes the crime of illegal fund-raising, the main purpose of sentencing is to defraud others of their money. Cases of illegal fund-raising are sometimes complicated, so you can hire professional lawyers to fight for your rights and interests.