In order to fill the gambling deficit, the village party secretary couple raised more than 60 million yuan to fraud, and was sentenced

Invest 10,000 to earn 5,000, low cost and high income

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All the approval of all departments,

Raise funds to the masses without authorization

And promise high returns,

All belong to "illegal fundraising",

Severe suspected crimes.

recently,

Hunan Pingjiang County People's Court

It notified such a case together.

Basic case

Luo Dianmei, female, 57 years old, Han nationality, native of Pingjiang County, Hunan Province, high school industry, retired employees. Xu Xingguo, male, 59 years old, Han nationality, high school culture, former secretary of a village branch of Sanshi Town, Pingjiang County.

Xu Xingguo's relationship with Luo Dianmei. The defendant Luo Dianmei knew that he had no ability to repay, for the purpose of illegal possession, fictional acquisitions required funds to be paid in advance, the boss did business, and the funds needed to be engaged in the project. To 20%of the high interest is bait, it is transmitted by word of mouth. It adopts the fraud method of using the principal and interest of the pre -loan borrowing in the later borrowing to deceive the public to trust illegal fundraising.

From January 2013 to January 2021, the defendant Luo Dianmei directly or indirectly raised more than 70 million yuan to Fu Moumou and others, deducting some of the principal of interest transfer and repayment. More than 18 million yuan caused Fu Moumou and 89 victims such as 44.4758 million yuan to raise funds.

The defendant Luo Dianmei used illegal fund -raising funds to return the arrears and pay high interest, and also used a large number of illegal fund -raising funds to participate in the "underground Liuhe Lottery" gambling activities. The bureau surrendered. After the incident, the defendant's family took the initiative to refund Luo Dianmei's illegal income of 534,700 yuan to the public security organs.

The defendant Xu Xingguo knew that Luo Dianmei was engaged in the "underground Liuhe Lottery" gambling activities, and for the purpose of illegal possession, fictional acquisitions required funds for regular bank deposit receipts in advance. Because of the bait of paying 1%to 20%per month, it is a bait to deceive the public trust illegal fundraising.

In addition, from November 2019 to November 2020, the defendant Xu Xingguo used the convenience of serving as a legal person in a cooperative. He successively received a total of RMB 810,000 from the cooperative account five times and misappropriated Luo Dianmei for illegal fundraising funds. The turnover, the above amounts to the incident have been returned.

Court decision

The Pingjiang County People's Court held that the defendant Luo Dianmei committed a funds for funding fraud and sentenced to fifteen years in prison and fined a fine of RMB 1 million; he ordered the victim for the victim. The defendant Xu Xingguo committed a funding fraud, sentenced to five years in prison, and fined 100,000 yuan; the crime of misappropriation of funds was sentenced to one year in prison. The number of crimes was punished, and it was decided to implement the sentence of five years and six months in prison, and fined a fine of RMB 100,000; ordered the victim to lose the loss.

Judge

The crime of illegal fundraising involving illegal funding in my country is crime of fund -raising fraud; illegal absorption of public deposits; crimes of fraud issuance of stocks and bonds; crimes of issuing shares, companies, corporate bonds without authorization; It is the crime of fund -raising fraud and illegal absorption of public deposits.

Crime of fund -raising fraud

The provisions of Article 192 of the Criminal Law of the People's Republic of China, with the purpose of illegal possession, the use of fraud methods illegally fund -raising. If the amount is large, it will be imprisoned for more than three years and seven years. If there are other serious circumstances, it will be sentenced to more than seven years in prison or life imprisonment, and fined or confiscated property.

Illegal absorption of public deposits

Article 176 of the Criminal Law of the People's Republic of China stipulates that if illegal absorption of public deposits or disguised public deposits, disrupting financial order, shall be imprisoned or detained for less than three years, and shall be punished or single fines; the amount is huge or there is a huge amount or there is. For other serious circumstances, in prison for less than three years, or less than ten years, and a fine; if the amount is particularly huge or other particularly serious, it will be imprisoned for more than ten years and a fine.

People often mix the crime of fund -raising fraud and illegal absorption of public deposits. Graduation fraud is objectively illegally absorbing public deposits. Essence In other words, when the funding fraud is obtained by getting money, I thought about returning the money. If there are already fictional facts and concealing the truth when borrowing money, there is no intended to be a fundraising fraud in accordance with the agreement, and otherwise it is the category of fundraising fraud, otherwise it is illegal absorption of public deposits. In addition, the highest sentence of fund -raising fraud was life imprisonment.

Source: Pingjiang County People's Court

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