Illegally raised funds of 5.13 million yuan in the name of ordering!10 and a half years in prison
Author:Guangzhou Daily Time:2022.07.11
Open more than ten furniture online stores, named the name of the order, with high rebates as bait, illegally raised funds, and accumulated more than 100 victims of 5138628.78 yuan. The reporter learned from the Guangzhou Huadu Court today that the defendant involved in the case was sentenced to ten years in prison for fundraising fraud and fined 300,000 yuan.
Beginning in March 2015, Huang opened more than ten furniture online stores on multiple e -commerce platforms. During the operation, Huang hired Zengmou and Pan (separately handled) to improve the reputation of the store through the name, with high rebates as bait, and recruited "brushing hands" and "ordering" to the public through the Internet.
"Brush your hands" to pay the payment, Huang did not ship the goods. On the seventh day after the order transaction, "brushing hands" confirmed the receipt. Huang returned the payment and paid 0.8%commission. Later, due to the high cost of funds, Huang was unable to return to the commission, and extended the repayment time to the 13th day, and increased the rebate to 1.5%. Later, due to the broken capital chain, Huang and others fled in early July 2019.
According to statistics, Huang and others deceived more than a hundred victims by the above methods of 5138628.78 yuan.
In February 2021, the public security organs arrested Huang.
Huang argued that it had a stable source of profit for payment commissions. Most of the funds of the order were used to return the principal and commission of the previous order, and a small part was used for production and operation. Absorbing public deposits.
The first instance of the Huadu District People's Court of Guangzhou: The defendant Huang committed a fund -raising fraud, sentenced to ten years in prison, and fined 300,000 yuan; Huang was ordered to refund the income of illegal income to the victims.
Huang was dissatisfied and appealed.
The second instance of the Guangzhou Intermediate People's Court ruled that the appeal was rejected and the original sentence was maintained.
Judge reminds: Be wary
According to Zhou Weiying, a member of the Huadu District People's Court of Guangzhou, the crime of fund -raising fraud and illegal absorption of public deposits are all illegal fund -raising crimes stipulated by my country's criminal law. The number of victims involved in such cases is generally involved in the case, with a large amount and a wide influence. In judicial practice, it is of great significance to adapt to the accuracy of illegal fund -raising cases to be accurate and to be accurate.
In this case, Huang recruited "brushing hands" to the public through the Internet, and promised to repay the original and pay returns within a certain period of time. feature. Although Huang has production and operation, most of the funds raised by him are not used in it, and the profitability of profit has not paid the entire principal and interest. The fictional facts, concealing the truth, and the act of fraudulent funding have the subjective intentional intention of "illegal possession". Huang lied to improve the reputation of the store, which was a fundraising, concealed the purpose of raising funds, and concealed the fact that the actual operating conditions and the unable to repay the high commission, so that the victims were mistaken for and paid the funds of the order. Huang implemented it. Fraud. Therefore, Huang's behavior constitutes a crime of fund -raising fraud.
At present, the fraud scams have gradually been upgraded. In addition to the traditional shopping ordering, it has derived the likes, attention, and videos, but the essence still uses compensation as a bait to seduce the victims into the trap and cheat money. There will be no pie in the sky, and it is a trap that falls down. Everyone must raise awareness of prevention and "do not listen, do not believe, and not pass" to earn hundreds of information involved in paying in advance and earning hundreds of days.
Law link
"Criminal Law of the People's Republic of China"
Article 192 For the purpose of illegal possession, illegal fundraising is used to use fraud methods. If the amount is large, it will be imprisoned for three years and seven years, and a fine; The above imprisonment or life imprisonment is punished or offered or confiscated property.
If the unit offend the previous crime, the unit will be punished and the person in charge and other responsible persons who are directly responsible for will be punished in accordance with the provisions of the previous paragraph.
Text/Guangzhou Daily · Xinhuacheng Reporter: Articles of Association Correspondent: Flower Method Map/Guangzhou Daily · Xinhuacheng Reporter: Mo Weipun Guangzhou Daily · Xinhua City Editor: Zhang Yu
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