5 thoughts on “Regarding the definition and punishment of illegal fund -raising.”

  1. 1. illegal fundraising (the notice of "notice on the ban on banning illegal financial institutions and illegal financial business activities") means that the unit or individual fails to issue shares, bonds, lottery, and investment fund securities in accordance with relevant departments in accordance with the legal procedures. Or other creditor's certificates raised funds from the public, and promised to repay the principal and interest or give rewards to the investors within a certain period of time in a certain period of time.
    It to punish illegal fund -raising criminal activities such as illegal absorption of public deposits and fundraising fraud, the Supreme People's Court, together with relevant units such as the China Banking Supervision and Administration Commission, and other relevant units, the Supreme People's Court has studied and formulated the "Several issues of specific application laws on criminal cases of illegal fund -raising criminal cases. Explanation, the judicial interpretation will be implemented from January 4, 2011.
    2, illegal fund -raising is not approved by the relevant departments according to law, and promises to repay the principal and interest to the investors within a certain period of time. In addition to currency forms, the form of interest paying interest also has physical forms and other forms; funds are raised from unspecified objects from society.
    The "unspecified object" here refers to the public, not a specific minority; covering the essence of illegal fundraising in a legal form. In the face of the "chorus" of some officials and illegal fundraising companies, it is really difficult to say that the latter must "pull down the water" in the latter. It is difficult to say that the former was "unintentional" and became a "criminal".
    The public security and judicial organs to severely crack down on illegal fund -raising activities according to law. We must not let these ambiguous "living props officials". As long as they participate in the "performance" of illegal fundraising There are further operations, and they must bear the responsibility and legal responsibility of the party's discipline and discipline.
    Extension information:
    "illegal fundraising" is summarized mainly in the following:
    (1) A absorbing funds such as a valuable securities, member cards or debt vouchers.
    This is more common: rights vouchers such as issuing or disguised issuance of stocks, bonds, lottery, investment funds, etc., or illegally fundraising in the name of futures transactions and pawns. Through claiming shares, dividends, entrusting investment, and entrusting financial management to raise illegal fundraising. Illegal fundraising is made through membership cards, membership certificates, seat certificates, discount cards, consumer cards, etc.
    (2) equal division of assets such as property, real estate, and high -interest fundraising by selling its shares.
    The latest changes are: through the sale of its share and promise after -sales rental, after -sales repurchase, regular rebates, etc. to make illegal fundraising.
    (3) illegal fund -raising is used in the form of a private club.
    Recently changes: Use underground money villas for fund -raising activities.
    (4) Illegal fundraising is made in the form of economic contracts such as signing commodity distribution.
    M common:: product sales and rental, repurchase and transfer, development members, merchants franchise and "fast points" and other methods to make illegal fundraising.
    (5) Funding in the form of lottery tickets in disguise;
    (6) illegal fundraising with MLM or secret series;
    (7) illegal use of orchard or manor development forms to illegally use the form of orchard or manor development. Fund.
    For example, illegal fundraising is borrowed in the name of planting, breeding, project development, manor development, and ecological environmental protection investment.
    (8) "Virtual" products constructed by modern network technology, such as "e -shops", "electronic department stores" investment commissioned operations, maturity repurchase and other methods to conduct illegal fundraising.
    (9) illegal fundraising is used to set up investment funds on the Internet;
    (10) illegal fundraising is used in the form of "electronic gold investment".
    Reference information Source: Baidu Encyclopedia — illegal fundraising

  2. Illegal fund -raising (the notice on the "Notice on the Prohibition of Illegal Financial Institutions and illegal Financial Business Activities") means that the unit or individual fails to issue shares, bonds, lottery, investment fund securities or other other The method of claims to raise funds from the public, and promises to repay the principal and interest or give rewards to the investors within a certain period of time in a certain period of time.
    The illegal fund -raising activities, in addition to the "Commercial Bank Law", "Insurance Law", "Securities Law", "Securities Investment Fund Law", "Banking Regulatory Management Law" and "illegal financial institutions and illegal finance The provisions of laws and administrative regulations such as business activity ban are given administrative penalties such as confiscation of illegal income, fines, and institutions that illegally engaged in financial business, and those who constitute a crime shall also investigate their criminal responsibility in accordance with the law.
    The relevant laws clearly stipulate: due to the loss of the loss of public deposits and illegal fund -raising activities, the participants shall be borne by themselves, and the debt and risks formed must not be passed on to the non -participating in illegal absorption of public deposits and illegal fundraising activities State -owned banks and other financial institutions and any other unit.
    Per debt and debt cleaned up and retreat, and there are surplus illegal property, which is confiscated and the central vault is paid on the spot. In the process of banning illegal absorption of public deposits and illegal fund -raising activities, local governments are only responsible for organizing and coordinating work, and cannot adopt financial allocation to make up for losses caused by illegal fundraising.
    Extended information:
    Preidal means
    The areas of illegal fundraising and affected are becoming more and more widespread. Traditional cases in traditional fields such as commodity marketing, resource development, planting and breeding, investment guarantee Emerging areas such as virtual currencies and consumer rebates have gradually become the hardest hit areas for illegal fund -raising crimes. In particular, illegal fund -raising crimes on the Internet has become a common model. Cross -border features are more prominent and the accumulation of infection is faster. [1]
    The attention is that many low -income people, farmers, and retirees participate. More than half of the cases of the cases are the elderly. Investment in fundraising is almost no return. [1]
    (1) Promise high returns to make up the myth of "falling pie in the sky" and "one -night wealthy". The lure for profits is the only way for all fraud criminals to deceive the masses. To attract more people, criminals often promise investors to give high returns in the form of rewards and points rebates. In order to deceive more people to participate in the fundraising, illegal fundraising began to fulfill the principal and interest of the early investors on time, and then dismantle the east wall to supplement the west wall. Constrained the funds and absconded with the funds.
    (2) Formation of false projects or setting up a trap contract to deceive the masses into the quagmire step by step. The criminals are planted by planting cactus, spiral alcohol, aloe, dragon fruit, Cordyceps sinensis, breeding ants, black guinea pigs, sika deer, poultry and other names to deceive the masses' funds; some absorb public deposits in the name of developing so -called high -tech products; some Fake fake projects such as tree planting and building housing and building housing to deceive the masses to "invest in shares"; some use shops to return to rent and other methods to promise high fixed income and absorb public deposits.
    (3) Confusing the concept of investment and wealth management, so that the masses lost judgment before the dazzling new terms. Some criminals use new nouns such as electronic gold, investment funds, and online firing to confuse the masses. It is called new investment tools or financial products; Methods to deceive the masses to invest.
    (4) Put the facade and use a legal coat or celebrity effect to deceive the trust of the masses. In order to put legal coats for criminal activities, criminals often set up companies to go through complete industrial and commercial licenses, tax registration and other procedures to cover up their illegal purposes without actual management or investment projects. These companies adopt the leasing office of luxury office buildings, hire celebrities for advertising, etc. to increase publicity, and deceive the trust of the masses.
    Reference materials: Baidu Encyclopedia-illegal fundraising

  3. 1. Definition of illegal fund -raising: illegal fund -raising refers to the use of illegal fundraising methods for illegal possession, and a large amount of amount of funds. Companies, enterprises, individuals, or other organizations have not approved laws and regulations, and the behavior of raising funds to the public or collective funds through unfair channels is the essence of the act of constituing the crime.
    2, illegal fund -raising punishment: For illegal fund -raising activities, in addition to the "Commercial Bank Law", "Insurance Law", "Securities Law", "Securities Investment Fund Law", "Banking Regulatory Management Law" and "illegal illegal" and "illegal illegal" The provisions of laws and administrative regulations such as financial institutions and illegal financial business activities "and other laws and administrative regulations shall be given criminal responsibility for confiscation of illegal income, fines, and banning institutions that illegally engage in financial business.
    The expansion information: Article 192 of the Criminal Law for the purpose of illegal possession, illegally fundraising with fraud methods, and a large amount of over five years of imprisonment or detention, and holding more than 20,000 yuan and more than 200,000 yuan Below fines.
    The amount of amount or other serious circumstances, in prison for five years and less than ten years, and a fine of 50,000 yuan or less; the amount is particularly huge or other particularly serious. The above imprisonment or life imprisonment is fined for 50,000 yuan or less than 500,000 yuan or confiscated property.
    199 Article 192, Article 194, and Article 195 of this section, the amount is particularly huge and the interests of the country and the people Those who have caused particularly major losses are life imprisonment or death sentence, and confiscated property.
    Is who are criminals of Article 192, Article 94, and Article 195 of this section. The supervisors and other direct responsible persons are in prison or detention of less than five years; those who have a huge amount or other serious circumstances will be sentenced to less than five years and less than ten years. In prison or life imprisonment for more than year.

  4. The definition of illegal fundraising is as follows:
    illegal fundraising (the notice of "notice on the ban on the ban on illegal financial institutions and illegal financial business activities") means that the unit or individual is not approved by the relevant departments in accordance with the legal procedures to issue shares , Bonds, lottery, investment fund securities or other creditor certificates raised funds from the public, and promised to repay the principal and interest to the investors in a certain period of time in a certain period of time.
    It to punish illegal fund -raising criminal activities such as illegal absorption of public deposits and fundraising fraud, the Supreme People's Court, together with relevant units such as the China Banking Supervision and Administration Commission, and other relevant units, the Supreme People's Court has studied and formulated the "Several issues of specific application laws on criminal cases of illegal fund -raising criminal cases. Explanation, the judicial interpretation will be implemented from January 4, 2011.
    The loss due to participating in illegal absorption of public deposits and illegal fund -raising activities, shared by the participants, and the debt and risk formed, shall not be passed on to state -owned banks and other state -owned banks and other state -owned banks that have not participated in illegal absorption of public deposits and illegal fundraising activities. Financial institutions and any other unit.
    The punishment methods of illegal fundraising are as follows:

    1, investigation and banning, according to the provisions of the "ban", the People's Bank of China is responsible for investigation, identification, and banning illegal fundraising behaviors, such as Investigation should be cooperated with the public security organs. The criminal suspects and the funds involved in the case shall be responsible for the public security organs.
    2. Clear retirement, according to Article 17 of the Measures: "Once illegal financial institutions are announced by the People's Bank of China, if there is a approval department, a competent unit or an establishment unit, the approval department, the competent unit or the establishment unit shall be responsible for the responsibility Organize the cleanup of debt and debt; if there is no approved department, a competent unit, or a establishment unit, the local people's government is responsible for the organization of the claim debt. " The illegal financial business does not constitute a crime. "The People's Bank of China has confiscated illegal income and imposed a fine of more than 5 times or less; if there is no illegal income, a fine of more than 500,000 yuan or less than 500,000 yuan."
    4. The illegal issuance of the securities of securities is responsible for banning. Article 28 of the "Measures" stipulates: "The banning of illegal securities institutions and illegal securities business activities shall be implemented in accordance with these Measures.
    Criminal legal consequences:
    If the degree of malignant illegal fund -raising, if the standard of conviction is convicted, it is mainly suspected of the crime of fund -raising fraud in Article 192 of the Criminal Law, and the 179 -unauthorized issuance of shares, companies, corporate bonds, and corporate bonds, and corporate bonds, and corporate bonds, and corporate bonds, and corporate bonds, and corporate bonds, and corporate bonds, and corporate bonds, and corporate bonds, and corporate bonds. Article 176 The crime of illegally absorbing public deposits and the crime of illegal operations of Article 225.

    Reference materials: source, Chinese legal website, title, illegal fund -raising legal perspective. Web link

  5. Illegal fundraising means that the unit or individual fails to issue funds from the public in accordance with the relevant departments of the relevant departments in accordance with the relevant departments, issuing shares, bonds, lottery, investment fund securities or other creditor certificates. And other interests to pay back to the investor's repayment of principal and interest. Illegal fundraising often shows the following characteristics: First, the fundraising that has not been approved by the departments without the authorization of the authority in accordance with the law, and the department with the approval authority is approved by the permission to raise funds. The second is to pay interest to the investors within a certain period of time. In addition to currency forms in the form of monetary interest, there are physical forms and other forms. The third is to raise funds from unspecified objects. The "unspecified object" here refers to the public, not a specific minority. Fourth, covering the essence of illegal fundraising in a legal form.
    In the relevant laws, illegal fund -raising refers to the act of using fraud to absorb funds to the public (including units and individuals) for the purpose of illegal possession;
    The first interpretation of the case of the specific application of laws in case of the case "Article 1 violated the national financial management law and absorb funds to the public (including units and individuals). It is identified as "illegal absorption of public deposits or disguised public deposits" stipulated in Article 176 of the Criminal Law: (1) absorbing funds , Futures, mobile phone SMS and other channels are publicly promoted to the society; (3) promise to repay the principal and interest or pay in return or pay in a certain period of time in a certain period of time; Those who have not publicized publicity to the society, who absorb funds in specific objects within their relatives and friends or units are not illegal or disguised to absorb public deposits in disguise n "Criminal Law" Article 192 [Crims to fundraising fraud] The purpose is to illegally raise funds using the fraud method. If the amount is large, it will be imprisoned or detained for less than five years, and a fine of more than 20,000 yuan or less; The following sentences are imprisoned and imposed a fine of 50,000 yuan to 500,000 yuan; the amount is particularly huge or there are other particularly serious circumstances. Or confiscate property.

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