1. What's the difference between fund-raising fraud and loan fraud? First, if there has been a result of non-repayment, it depends on whether the fact that the actor was seriously unable to perform the contract when applying for a loan already exists and whether the actor is clear. If the reason for the non-performance of the contract is formed after the loan is obtained, or the actor is not fully aware of the non-performance of the contract, even if it is not repaid at maturity, it should not be regarded as loan fraud, but should be treated as a loan dispute. Second, it depends on whether the actor actively uses the loan for the purpose agreed in the loan contract after obtaining the loan. Although the actor can't repay the loan after maturity, if the loan is really used for the designated project, it generally means that the actor has no intention to defraud the loan subjectively and should not be punished as fraud. Third, it depends on whether the actor actively tries to repay the loan after it expires. If the perpetrator only verbally admits the arrears, he has not actively raised funds to prepare for the return, which cannot prove that the perpetrator has no intention of fraud. If you don't break the contract, you don't necessarily have the intention of fraud. Fourthly, considering these factors comprehensively, we can draw a correct conclusion. Because the fundamental difference between the crime of loan fraud and the general civil dispute of loan lies in whether the actor subjectively defrauds other people's property, and this purpose is bound to be manifested through certain behaviors. The more and more behaviors that can explain a subjective psychological state, the more obvious the boundary between crime and non-crime. 1, absconding with fund-raising funds after fund-raising in judicial practice; Failing to use the raised funds in accordance with the agreed purposes, squandering and abusing them without authorization, resulting in the inability to return the raised funds; Using fund-raising funds to carry out illegal and criminal activities, which makes it impossible to return the fund-raising; Commitment to fund raisers to pay a high rate of return that exceeds 50% of the highest floating interest rate of banks in the same period. 2. Implement fund-raising by using fraudulent methods. The so-called fraud method refers to the behavior that the actor fabricates lies, fabricates or conceals the truth and defrauds others of funds for the purpose of illegal possession. In practice, criminals swindle illegal fund-raising mainly by taking advantage of the public's lack of investment knowledge and blind investment psychology, and taking advantage of the characteristics of complex economic activities and imperfect investment legal system under the market economy. For example, some actors lied that their fund-raising was approved by government leaders and relevant authorities, and sometimes even forged relevant approval documents to defraud the public trust; Some wantonly publish false advertisements, which make public investment profitable; Some are under the guise of holding collective enterprises or developing high technology, with good economic benefits and generous bonuses as bait; Some fictitious enterprises or enterprise plans do not actually exist. As long as the actor uses the method of concealing the truth or fictional facts to raise funds, it is illegal to raise funds. 3. Illegal fund-raising by fraudulent means must reach a large amount to constitute a crime. Otherwise, it does not constitute a crime.