Illegal fund-raising at Nanning Guobin Hotel

1. For the purpose of illegal possession, using fraudulent methods to illegally raise funds, and suspected of any of the following circumstances, a case shall be filed for prosecution:

(1) Individual fund-raising fraud, the amount is within ten More than 10,000 yuan;

(2) Unit fund-raising fraud, the amount is more than 500,000 yuan.

2. If an individual commits fund-raising fraud and the amount exceeds 100,000 yuan, it shall be deemed as a "large amount"; if the amount exceeds 300,000 yuan, it shall be deemed as a "huge amount"; if the amount exceeds 100 If the amount exceeds 10,000 yuan, it shall be deemed as “especially huge amount”.

If an entity conducts fund-raising fraud, and the amount exceeds 500,000 yuan, it shall be deemed as a "large amount"; if the amount exceeds 1.5 million yuan, it shall be deemed as a "huge amount"; if the amount exceeds 5 million yuan, it shall be deemed as a "huge amount"; The above shall be deemed as “especially huge amount”.

The amount of fund-raising fraud is calculated based on the actual amount defrauded by the perpetrator, and the amount returned before the incident should be deducted. Advertising fees, intermediary fees, handling fees, kickbacks paid by the actor to carry out fund-raising fraud activities, or expenses such as bribes and gifts will not be deducted. The interest paid by the actor to carry out fund-raising fraud activities shall be included in the amount of the fraud, except that the principal cannot be offset if the principal is not returned.

3. The crime of fund-raising fraud is for the purpose of illegal possession and the use of fraudulent methods to illegally raise funds. If the amount is relatively large, the person 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 10 years, and a fine of not less than 50,000 yuan but not more than 500,000 yuan; 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 a fine of not less than 50,000 yuan but not more than 500,000 yuan; Or life imprisonment, and a fine of not less than 50,000 yuan but not more than 500,000 yuan, or confiscation of property.

IV. Legal basis: "Regulations of the Supreme People's Procuratorate and the Ministry of Public Security on the Standards for Filing and Prosecution of Criminal Cases under the Jurisdiction of Public Security Organs (2)" Article 49, "Specific Application in the Trial of Criminal Cases of Illegal Fund-raising" Interpretation of Several Legal Issues" Article 5 and Article 192 of the Criminal Law