Did Zhuge Jinfu get a refund?

Little Zhuge Jinfu is refunding his money. On April 27, 2020, the court sentenced the defendants Dong Meiling, Li Wentian and Liu Anpu, the founders of Little Zhuge Jinfu, to the crime of illegally absorbing public deposits, and decided to return the frozen funds on file to the fund-raising participants in proportion, and the seized property was returned to the fund-raising participants in proportion after the price was changed. The insufficient part shall be ordered to continue to be returned and paid according to the same principle. So little Zhuge Jinfu returned the money.

1. Little Zhuge Jinfu is a financial information intermediary platform invested and established by Shanghai Rongteng Group. On April 2, 20 19, the information registration platform of investors in illegal fund-raising cases of the Ministry of Public Security publicly disclosed the list of 1 17 registered and investigated for the crime of illegally absorbing public deposits, and Zhuge Jinfu was one of them.

2. The crime of illegally absorbing public deposits refers to illegally absorbing public deposits or absorbing public deposits in disguised form in violation of national financial management regulations, thus disturbing the financial order, thus constituting a crime.

3. Consequences of illegally absorbing public deposits: According to the relevant provisions of the Criminal Law of People's Republic of China (PRC), anyone who illegally absorbs public deposits or absorbs public deposits in disguised form, disrupting the financial order, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan.

4. Elements of illegally absorbing public deposits:

(1) Object elements: The object of this crime is the national financial management system. The object of this crime is public deposit. The so-called deposit refers to an economic activity in which depositors deposit funds in banks or other financial institutions, and banks or other financial institutions pay interest to depositors. The so-called public deposit means that depositors are not a specific group. If the depositors are only a few individuals or specific, they cannot be recognized as public deposits.

(2) objective elements: the objective aspect of this crime is that the actor has illegally absorbed public deposits or absorbed public deposits in disguise.

(3) Subject elements: The subject of this crime is a general subject, and any natural person who has reached the age of criminal responsibility and has the ability of criminal responsibility can constitute this crime. According to the second paragraph of this article, a unit can also be the subject of this crime. The units here can be banking financial institutions such as commercial banks that can absorb public deposits, non-bank financial institutions such as securities companies that cannot absorb public deposits, and other non-financial institutions.

(4) Subjective elements: The subjective aspect of this crime is intentional, that is, the actor must know that his illegal absorption of public deposits will cause harmful results that will disrupt the financial order, and hope or let this happen. Negligence does not constitute this crime. Some financial institutions have raised interest rates due to work mistakes and absorbed a large amount of public deposits. Because the interest rate is not intentionally raised by financial institutions, illegal absorption of public deposits is not intentional, so it does not constitute this crime.