Criminal Cases of “Crime of Fund-raising Fraud”

2022-04-27 0 By

Article 192 of the Criminal Law of the People’s Republic of China stipulates that: For the purpose of illegal possession, illegal fund-raising by means of fraud, if the amount involved is relatively large, shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined;If the amount involved is huge, or if there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than seven years or life imprisonment and shall also be fined or be sentenced to confiscation of property.Yu Chen was detained on December 11, 2019 on suspicion of illegally absorbing public deposits, and was released on bail on January 21, 2020. He was sentenced to fixed-term imprisonment of two years, suspended for two years and fined RMB 60,000 yuan on May 28, 2020 for illegally absorbing public deposits.He was detained on June 8, 2021 and arrested on July 9, 2021 for the crime of illegally absorbing public deposits.He is now in custody in anshan No.1 Detention House.In June 2013, Yu Mochen registered Anshan Huitong Weiye Investment Consulting Co., LTD. (hereinafter referred to as Huitong Company) with the registered address at ** qianjin Road, Iron **, Anshan city.In August 2017, in a certain minister registered the anshan receiving pension management co., LTD. (hereinafter referred to as the receiving company), the registered address of anshan qianshan mountain area of bay south Korean business street f * * * * * * scriptorium Yu Xuechen anshan tiedong district, a house as a office in early January 2016 to June 2021, citing investment and expansion of nursing home decorate,In the name of Huitong company or Lehe company and the victim signed the “investment agreement”, with high returns as bait to defraud the society of money from an unusual person.Most of the funds are used for network gambling in a minister.March 22, 2021, the victim liu 1 zhong report.On June 8 of the same year, Chen took the initiative to surrender.On June 25, 2021, after the audit of Anshan Xinxing Accounting Firm Co., LTD., Yu Mou Chen respectively to Huitong Company, Lehe Company and 45 victims signed 123 investment agreements, absorbing a total investment of 7,344,000 yuan, returned to the victim amount of 2,119,829 million yuan, resulting in a real economic loss of 5,224,171 million yuan.The court thinks, the defendant at some minister is the purpose with illegal possession, use swindle method to raise money illegally amount to RMB 5224171 thousand yuan, amount is huge, its behavior already constituted raise money swindle crime.The public prosecution charges stand.Article 192 of China’s Criminal Law stipulates that those who, for the purpose of illegal possession, illegally collect funds by means of fraud, if the amount involved is huge or if there are other serious circumstances, shall be sentenced to fixed-term imprisonment of not less than seven years or life imprisonment and shall also be fined or have their property confiscated.Considering the defendant in a minister after the crime can take the initiative to surrender, truthfully confessed their main crimes, is a surrender, can be given a lighter punishment according to law.During the probation period, the defendant Yu Xichen found that there were other crimes that had not been sentenced before the judgment was pronounced, the probation should be revoked and several crimes should be punished concurrently.To sum up, in accordance with the provisions of Article 192, Paragraph 1, Article 52, Article 53, Article 64, Article 67, Article 69 and Article 77, Paragraph 1 of the Criminal Law of the People’s Republic of China,The judgment is as follows: 1. The part of probation applicable to the defendant Yu Xichen in the criminal judgment No. 188 of the beginning of the Sentence of Liao 0302 (2020) is cancelled.Second, the defendant Yu Mou Chen committed the crime of fund-raising fraud, sentenced to fixed-term imprisonment of 11 years, and fined 500,000 YUAN;For the crime of illegally absorbing public deposits, he was sentenced to two years in prison and fined 60,000 YUAN.The total term of imprisonment is 13 years, and the fine is 560,000 YUAN. The total term of imprisonment is 12 years, and the fine is 560,000 yuan.The term of imprisonment shall be counted from the date the judgment is executed.If a person is held in custody before the execution of the judgment, one day in custody shall be credited as one day of the term of sentence.The defendant was detained 36 days in advance in some minister, should be deducted.From June 8, 2021 to May 3, 2033.The fine of RMB 60,000 has been paid, and the remaining fine shall be paid within 10 days after this judgment takes effect.Order the defendant Yu Chen to return the money to the victim within 10 days after this judgment takes effect.According to the regulations of the public security department, if the crime of fund-raising fraud uses fraudulent methods to illegally collect funds for the purpose of illegal possession and is suspected of one of the following circumstances, it shall be registered and prosecuted :(1) individual fund-raising fraud, the amount of which is more than 100,000 yuan;(2) fund-raising fraud involving an amount of more than 500,000 yuan.(The full text, thank you for your patience)