Traditional Culture Encyclopedia - Hotel franchise - Is it true that Tangguan Tianlang digital information comprehensive service platform will join and pay 1, yuan per person? ...
Is it true that Tangguan Tianlang digital information comprehensive service platform will join and pay 1, yuan per person? ...
illegal fund-raising refers to illegal fund-raising by fraudulent means, and the amount is relatively large, which constitutes a crime.
illegal fund-raising is not an independent crime. In practice, those who engage in illegal fund-raising activities are generally punished as the crime of illegally absorbing public deposits and the crime of fund-raising fraud according to specific circumstances.
(1) Relevant provisions of the Criminal Law of the People's Republic of China:
Article 176 stipulates that the crime of illegally absorbing public deposits means that anyone who illegally absorbs public deposits or absorbs public deposits in a disguised form, disrupting the 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 between 2, yuan and 2, 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 5, yuan but not more than 5, 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.
Article 192 stipulates that the crime of fund-raising fraud refers to illegal fund-raising by fraudulent means for the purpose of illegal possession. If the amount is relatively large, it shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than 2, yuan but not more than 2, 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 5, yuan but not more than 5, 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 1 years or life imprisonment, and shall also be fined not less than 5, yuan but not more than 5, yuan or confiscated property.
(II) Relevant judicial interpretations:
Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in the Trial of Criminal Cases of Illegal Fund-raising (Fa Shi [21] No.18, adopted at the 152nd meeting of the Judicial Committee of the Supreme People's Court on November 22, 21, and effective as of January 4, 211.
Article 1. An act of absorbing funds from the public (including units and individuals) in violation of the national financial management laws and regulations, which meets the following four conditions at the same time, shall be deemed as "illegally absorbing public deposits or absorbing public deposits in disguised form" as stipulated in Article 176 of the Criminal Law, unless otherwise stipulated in the Criminal Law:
(1) absorbing funds without the legal approval of the relevant departments or by borrowing legal business forms;
(2) Publicize to the public through the media, promotion meetings, leaflets, mobile phone messages, etc.
(3) committing to repay the principal and interest or pay the return in the form of money, kind, equity, etc. within a certain period;
(4) to absorb funds from the public, that is, unspecified social objects.
it is not illegal or disguised to absorb public deposits by absorbing funds from relatives, friends or units for specific objects without public publicity.
article 2: anyone who commits one of the following acts and meets the conditions stipulated in the first paragraph of article 1 of this interpretation shall be convicted and punished for the crime of illegally absorbing public deposits in accordance with the provisions of article 176 of the criminal law:
(1) illegally absorbing funds by means of returning to the original sales, after-sale charter, agreed repurchase, sales of real estate shares, etc. without the real content of real estate sales or taking real estate sales as the main purpose;
(2) illegally absorbing funds by means of transferring forest rights and managing them on behalf of others;
(3) illegally absorbing funds by planting (breeding), renting (breeding) or jointly planting (breeding);
(4) illegally absorbing funds by means of commodity repurchase, consignment, etc. without the true contents of selling commodities or providing services or with the main purpose of selling commodities or providing services;
(5) illegally absorbing funds by means of false transfer of equity or sale of fictitious bonds without the true contents of issuing stocks and bonds;
(6) illegally absorbing funds under the guise of overseas funds or selling fictitious funds without the true contents of the raised funds;
(7) illegally absorbing funds by means of impersonating an insurance company or forging insurance documents without the true contents of selling insurance;
(8) illegally absorbing funds by investing in shares;
(9) illegally absorbing funds by entrusting financial management;
(1) illegally absorbing funds by using non-governmental "associations", "societies" and other organizations;
(11) other acts of illegally absorbing funds.
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