Traditional Culture Encyclopedia - Hotel franchise - Talking about AIA crowdfunding platform is contract fraud.
Talking about AIA crowdfunding platform is contract fraud.
I think we can further identify Min Jiedong as guilty of contract fraud from the following aspects:
From the subject of the crime: Min Jiedong made good use of AIA Yongli Information Service Company and Kailuosi Financial Leasing Company to commit fraud, and the fraud subject was the unit.
As for the amount of fraud, it is by no means more than 70 million yuan, but nearly 800 million yuan.
2. From the nature of the contract, the contract signed by the subscriber and the above two companies is a two-service paid contract.
Subscribers have the obligation to pay subscription fees, information agency fees and crowdfunding service fees, and also have corresponding property rights. ), the right to pre-dividend; The two companies are obliged to raise funds, purchase airplanes and medical equipment through low-interest loans from foreign subsidiaries, and complete the lease. They are also obliged to collect information agency fees and service fees for confirming the rights of property owners.
In the process of signing the contract, the two companies used the contract to defraud: Haoyou Yongli Company defrauded a high intermediary fee at one time, reaching 5% to 6% of the subscription funds; However, Kellogg only collects funds and charges a service fee of%.
These can be found in the contract signed by both parties. Because the fraudulent contract is a two-service paid contract, the nature of fraud is characterized as contract fraud.
3. Judging from the time when fraudsters deliberately commit fraud:
General ordinary fraud, intentional occurrence time can only be at the beginning of fraud.
Contract fraud can occur intentionally at the beginning of fraud or in the process of fraud, and the latter is more concealed and deceptive.
It can be considered as the beginning of the fraud that the two companies charge high information intermediary fees and fund-raising service fees on purpose.
The intentional occurrence of Kellogg leasing company fraud occurred at the beginning. In addition to the above service fees, the contracts designed by Shanghai Kellogg Leasing Company and Min Company's overseas subsidiaries are also introduced by the Bureau. In addition to collecting funds, acting as an agent for loans, and fulfilling the obligation to purchase and lease, it is also given the authority to determine the ownership of property rights, which is why in the process of fraud, property rights were deliberately attributed to Min and all his companies.
Sure enough, when the Shanghai Changning Economic Investigation Bureau told the crowdfunding representative that the second-hand plane belonged to Min and all his subsidiaries, it would be a big surprise. It can be seen that the intentional occurrence time of fraud by Min and his company is partly in the beginning stage of fraud and more in the middle stage of fraud. This is a typical contract fraud case.
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