Interpretation of judicial interpretation of two high frauds

According to the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Fraud (implemented on April 8, 201/), if the amount of fraudulent public or private property is between 3,000 yuan and 10,000 yuan, between 30,000 yuan and 100,000 yuan, and above 500,000 yuan, it shall be deemed as "a large amount" or "a huge amount of fraudulent public or private property meets the above-mentioned amount standards. In accordance with the provisions of Article 266 of the Criminal Law, heavier penalties may be imposed as appropriate: (1) defrauding an unspecified majority by sending short messages or telephone calls or publishing false information through the Internet, radio and television, newspapers and magazines; (2) defrauding disaster relief, emergency rescue, flood control, special care, poverty alleviation, immigration, relief and medical funds and materials; (three) fraud in the name of disaster relief fund-raising; (four) defrauding the disabled, the elderly or the disabled; (5) Causing the victim to commit suicide, mental disorder or other serious consequences. If the amount of fraud is close to the above-mentioned standards of "huge amount" and "especially huge amount", and it belongs to one of the circumstances specified in the preceding paragraph or belongs to the ringleader of a fraud group, it shall be recognized as "other serious circumstances" and "other particularly serious circumstances" as stipulated in Article 266 of the Criminal Law respectively.

Legal objectivity:

Judicial Interpretation Provisions of the Supreme People's Procuratorate and the Ministry of Public Security on the Standards for Public Security Organs to Jurisdicte Criminal Cases for Filing and Prosecution (II) Article 49 [Crime of Fund-raising Fraud (Article 192 of the Criminal Law)] Anyone who illegally raises funds by fraudulent means for the purpose of illegal possession and is suspected of one of the following circumstances shall file a case for prosecution: (1) Individual fund-raising fraud, the amount of which is more than 100,000 yuan; (two) unit fund-raising fraud, the amount of more than five hundred thousand yuan. The Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases of Illegal Fund-raising (adopted at the1165438th meeting of the Judicial Committee of the Supreme People's Court on October 22nd) is to punish illegal fund-raising crimes such as illegal absorption of public deposits and fund-raising fraud according to the relevant provisions of the Criminal Law, and now some issues concerning the specific application of law in the trial of such criminal cases are explained as follows: Article 1. The act of absorbing funds from the public (including units and individuals) in violation of the national financial management laws, which meets the following four conditions, shall be deemed as "illegally absorbing public deposits or absorbing public deposits in disguised form" as stipulated in Article 176 of the Criminal Law, except as otherwise stipulated in the Criminal Law: (1) absorbing funds without the approval of the relevant departments according to law or borrowing legal business forms; (two) through the media, promotion meetings, leaflets, mobile phone messages and other means to promote to the society; (3) Commitment to repay the principal and interest or pay the return in the form of currency, material object or equity. In a certain period of time; (four) to absorb funds from the public, that is, the social unspecified objects. It is not illegal or disguised to absorb public deposits by absorbing funds from relatives, friends or units to specific objects without publicity to the society. Article 2 Anyone who commits any 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 sale, after-sale charter, agreed repurchase, sale of shares in real estate, etc. There is no real content of real estate sales or real estate sales as the main purpose; (two) illegally absorbing funds through the transfer of forest rights and management on behalf of others; (3) illegally absorbing funds by planting (breeding), renting planting (breeding) or joint planting (breeding); (four) illegally absorbing funds by means of commodity repurchase or consignment. There is no real content of selling goods or providing services or the main purpose is to sell goods or provide services; (five) illegally absorbing funds by means of false transfer of equity or sale of fictitious bonds, etc., which do not have the true contents of issuing stocks and bonds; (6) Raising funds without real content, illegally absorbing funds by means of overseas funds or selling fictitious funds; (seven) without the real content of selling insurance, illegally absorbing funds by means of counterfeiting insurance companies or forging insurance documents; (8) illegally absorbing funds by investing in stocks; (9) Illegally absorbing funds by means of entrusted financial management; (ten) the use of "clubs", "social organizations" and other non-governmental organizations to illegally absorb funds; (eleven) other acts of illegally absorbing funds. Article 3 Whoever illegally absorbs or conceals public deposits in any of the following circumstances shall be investigated for criminal responsibility according to law: (1) Individuals illegally absorb or conceal public deposits in an amount of more than 200,000 yuan, and units illegally absorb or conceal public deposits in an amount of more than 6,543,800 yuan; (2) Individuals illegally or in disguised form absorb more than 30 public deposit objects, and units illegally or in disguised form absorb more than 150 public deposit objects; (3) Individuals illegally absorb and conceal public deposits, resulting in direct economic losses of depositors of more than 654.38 million yuan, and units illegally absorb and conceal public deposits, resulting in direct economic losses of depositors of more than 500,000 yuan; (4) Causing adverse social impact or other serious consequences. Under any of the following circumstances, it belongs to "huge amount or other serious circumstances" as stipulated in Article 176 of the Criminal Law: (1) The amount of public deposits illegally absorbed or disguised by individuals is more than 6,543,800 yuan, and the amount of public deposits illegally absorbed or disguised by units is more than 5 million yuan; (2) Individuals illegally absorb or disguise public deposits 100 or more, and units illegally absorb or disguise public deposits of more than 500 people; (3) Individuals illegally absorb or absorb public deposits in disguised form, resulting in direct economic losses of depositors of more than 500,000 yuan, and units illegally absorb or absorb public deposits in disguised form, resulting in direct economic losses of depositors of more than 2.5 million yuan; (4) Causing particularly bad social impact or other particularly serious consequences. The amount of illegal or disguised absorption of public deposits shall be calculated in full with the funds absorbed by the actor. The amount refunded before and after the crime can be considered as the circumstances of sentencing. Illegal absorption or disguised absorption of public deposits, mainly used for normal production and business activities, can repay the absorbed funds in time, can be exempted from criminal punishment; If the circumstances are obviously minor, it shall not be treated as a crime. Article 4 Whoever commits the acts listed in Article 2 of this Interpretation by fraudulent means for the purpose of illegal possession shall be convicted and punished for the crime of fund-raising fraud in accordance with the provisions of Article 192 of the Criminal Law. Illegal fund-raising by fraudulent means can be regarded as "for the purpose of illegal possession" under any of the following circumstances: (1) After fund-raising is not used for production and business activities, or it is obviously disproportionate to the scale of fund-raising, so that the fund-raising cannot be returned; (two) wantonly squandering fund-raising, so that the fund-raising can not be returned; (3) fleeing with funds; (4) The funds raised are used for illegal and criminal activities; (5) Evading, transferring funds, concealing property or evading the return of funds; (six) concealing or destroying accounts, or engaging in fake bankruptcy or bankruptcy to escape the withdrawal of funds; (seven) refused to account for the whereabouts of funds, to escape the return of funds; (eight) other circumstances that can be identified as the purpose of illegal possession. The purpose of illegal possession in the crime of fund-raising fraud should be determined according to the situation. If part of the illegal fund-raising behavior of the actor has the purpose of illegal possession, the fund-raising involved in this part of illegal fund-raising behavior shall be convicted and punished for the crime of fund-raising fraud; If the center of the crime of illegal fund-raising has the purpose of illegal possession and other actors have no intention or behavior of illegal possession of fund-raising, the actor with the purpose of illegal possession shall be convicted and punished for the crime of fund-raising fraud. Article 5 If an individual commits fund-raising fraud and the amount is more than 654.38+10,000 yuan, it shall be deemed as "a large amount"; If the amount is more than 300,000 yuan, it shall be deemed as "a huge amount"; If the amount is more than 6,543,800 yuan, it shall be deemed as "extremely huge". If the unit implements fund-raising fraud and the amount is more than 500,000 yuan, it shall be deemed as "a large amount"; If the amount is more than 6.5438+0.5 million yuan, it shall be deemed as "a huge amount"; If the amount is more than 5 million yuan, it shall be deemed as "extremely huge". The amount of fund-raising fraud is calculated by the amount actually defrauded by the perpetrator, and the amount returned before the incident is deducted. Advertising fees, agency fees, handling fees, kickbacks paid by the actor for fund-raising fraud activities, or expenses for bribery, gifts, etc. shall not be deducted. The interest paid by the actor for fund-raising fraud shall be included in the fraud amount, except that the principal can not be deducted. Article 6 Whoever issues stocks and corporate bonds in disguised form to unspecified social objects or to specific objects without the approval of the relevant competent departments of the state, or the cumulative number of corporate bonds issued exceeds 200, shall be deemed as "issuing stocks and corporate bonds without authorization" as stipulated in Article 179 of the Criminal Law. If the case constitutes a crime, it shall be convicted and punished for the crime of issuing stocks, companies and corporate bonds without authorization. Article 7 Whoever, in violation of state regulations, issues fund shares to raise funds without legal approval, if the circumstances are serious, shall be convicted and punished for the crime of illegal business operation in accordance with the provisions of Article 225 of the Criminal Law. Article 8 Advertising agents and publishers who, in violation of state regulations, use advertisements to make false propaganda about goods or services related to illegal fund-raising activities shall be convicted and punished for the crime of false advertising in accordance with the provisions of Article 222 of the Criminal Law: (1) The amount of illegal income is more than 654.38 million yuan; (2) Causing serious harmful consequences or adverse social impact; (3) Having been subjected to administrative punishment for more than two times for making false propaganda through advertisements within two years; (4) Other serious circumstances. Knowing that others are engaged in fraudulent issuance of stocks and bonds, illegally absorbing public deposits, issuing stocks and bonds without authorization, fund-raising fraud or organizing and leading pyramid schemes and other fund-raising criminal activities, and providing them with advertisements and other publicity, they shall be punished as criminals of * * * related crimes. Article 9 If the judicial interpretation previously issued is inconsistent with this interpretation, this interpretation shall prevail.