Judgment on the crime of illegally absorbing public deposits

As we all know, after entering the trial procedure, a judgment will be issued at the end of the trial. The judgment is a record of the trial process and the trial result, which has mandatory effect on the defendant. The judgment has a strict format and must be written according to the format. So how is the judgment of the crime of illegally absorbing public deposits written? What exactly does it include? Today, I have compiled relevant legal knowledge for you, hoping to help you. In case of such an event, if you don't know the relevant content, you can read the following article.

Wang Moumou's first-instance judgment on the crime of illegally absorbing public deposits.

Ziliujing district People's Court of Zigong City, Sichuan Province

criminal judgement

(20 16) Chuan 0302 Criminal Chu No.57

Public Prosecution Organ Zigong ziliujing district People's Procuratorate.

Defendant Wang Moumou, male, 1983 was born in Chongqing on March 30th, Han nationality, with junior high school education. He was originally the head of Zigong Branch of Meishan Xinhua Paper Printing Co., Ltd. and lived in Yongchuan District, Chongqing. 2065438+21In September 2005, he was criminally detained by Huidong New District Branch of Zigong Public Security Bureau on suspicion of illegally absorbing public deposits, and was arrested according to law on June 26, 2005. Now detained in Zigong detention center.

Defender XXX, lawyer of Sichuan Tuoyu Law Firm.

The People's Procuratorate of ziliujing district, Zigong City accused the defendant Wang Moumou of illegally absorbing public deposits. (20 16)4 1. filed a public prosecution with our hospital on March 3, 20 16. After the court accepted the case, a collegiate bench was formed by applying ordinary procedures according to law, and the trial was held in public on March 23, 2006. The People's Procuratorate of ziliujing district City, Zigong City appointed the procurator to appear in court to support the public prosecution, and the defendant Wang Moumou and his defender Diao Yunchang attended the lawsuit. Now the trial has ended.

The People's Procuratorate of ziliujing district, Zigong City accused the defendant Wang Moumou of paying 2%-3% interest every month with Liu Moumou (at large), the legal representative of Meishan Xinhua Paper Printing Co., Ltd., on the grounds that Meishan Xinhua Paper Printing Co., Ltd. needed funds to update its equipment from June 20 14 to April 20 15. The public prosecution agency provided corresponding evidence, accusing the defendant Wang Moumou of illegally absorbing public deposits and disturbing the financial order. His behavior violated the provisions of Articles 25 and 176 of the Criminal Law of People's Republic of China (PRC), and he should be investigated for criminal responsibility for the crime of illegally absorbing public deposits.

The defendant Wang Moumou had no objection to the accusation and pleaded guilty.

His defender believes that 1 has no objection to the indictment accusing him of illegally absorbing public deposits; 2. Defendant Wang Moumou was instructed by Liu Moumou to commit the crime, which played a minor role in the crime of * * * and was an accessory. Should be given a lighter, mitigated or exempted from punishment according to law; 3. The defendant Wang Moumou can truthfully confess his crimes after the incident, and can be given a lighter punishment; 4. Defendant Wang Moumou is a first-time offender and an occasional offender, and may be given a lighter punishment as appropriate. It was suggested that the court should apply probation to him.

It was found through trial that from May 20 14 to April 20 15, the defendant Wang Moumou accepted the arrangement of Liu Moumou (fugitive), the legal representative of Meishan Xinhua Paper Printing Co., Ltd., and came to work in Zigong Branch of the company as the person in charge. During his tenure as the person in charge, the defendant, Wang Moumou, illegally absorbed deposits from 82 unspecified members of the public, including Peng Moumou and Lin Moumou, on the grounds that Meishan Xinhua Paper Printing Co., Ltd. needed funds to update its equipment. In the process of absorbing public deposits, the defendant Wang Moumou successively transferred most of the funds to Liu's personal account through the bank, and the rest was used for the operating expenses of the branch. Appraised by Zigong Lilian Judicial Appraisal Center, Zigong Branch of Meishan Xinhua Paper Printing Co., Ltd. illegally absorbed public deposit funds of 227 1 700 yuan, returned the principal 0 yuan, and paid the loan interest of 202 340 yuan, with an unknown amount of 90,000 yuan. Peng Moumou, Lin Moumou and other 82 victims actually lost 2069 yuan and 360 yuan.

On September 2, 2005, the defendant Wang was arrested by Kunming police in Room 203, Jingyi Hotel, Panlong District, Kunming.

Regarding the above facts, the defendant Wang Moumou had no objection during the trial and recognized the criminal case registration form and the filing decision; Population information; Assist in inquiring about property notices and information; Industrial and commercial registration information; ATM customer receipt; House information of Meishan Xinhua Paper Printing Co., Ltd.; Loan contract; Receipts and receipts; Bank flow information; Tax registration certificate; Business license; Copy of ID card, etc. Capture and explain; Testimony of witnesses Fu Moumou, Gong Mou, Chen Mou Jia, Jian Moumou and Tan Moumou; Statements of victims B, Peng Moumou, Lin Moumou, Qiu Moumou and others; The confession and excuse of the defendant Wang Moumou; Judicial expertise opinion of Sichuan Lilian Appraisal Center; Evidence such as identification transcripts of Zhou, Lin, Huang and Shu. It is enough to confirm.

We believe that according to the first paragraph of Article 176 of the Criminal Law of People's Republic of China (PRC), "Whoever 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 be fined not less than 50,000 yuan but not more than 500,000 yuan "and the second paragraph of Article 3 of the Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases of Illegal Fund-raising" belongs to the' huge amount or other serious circumstances' stipulated in Article 176 of the Criminal Law: (1) individuals illegally absorb or absorb public deposits in disguise, If the amount is more than 6,543,800 yuan, the unit illegally absorbs or absorbs public deposits in disguise, and the amount is more than 5 million yuan. "The defendant Wang Moumou illegally absorbed funds from an unspecified public without the approval of the relevant departments according to law, seriously undermining the national financial management order. The amount is legally recognized as 2069360 yuan, which is huge, and its behavior has constituted the crime of illegally absorbing public deposits. According to the law, he should be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and be fined not less than 50,000 yuan but not more than 500,000 yuan. The accusation of the public prosecution agency was established.

According to the first paragraph of Article 25 of the Criminal Law of People's Republic of China (PRC), "* * * accomplice means that two or more persons intentionally commit a crime", and this case belongs to * * * accomplice intentional crime.

According to Article 27 of the Criminal Law of People's Republic of China (PRC), those who play a secondary or auxiliary role in the same crime are accomplices. Regarding the stipulation that an accomplice should be given a lighter punishment or be exempted from punishment, the defendant Wang Moumou was instructed by Liu Moumou to arrange the crime and played a secondary role in the same crime. If he is an accessory, he shall be given a lighter or mitigated punishment according to law.

According to the third paragraph of Article 67 of the Criminal Law of People's Republic of China (PRC), "although a criminal suspect does not have the circumstances of surrender as stipulated in the preceding two paragraphs, he can be given a lighter punishment if he truthfully confesses his crime; Because he confessed his crimes truthfully, he avoided particularly serious consequences and could reduce his punishment. The defendant Wang Moumou can truthfully confess his crimes after the incident and can be given a lighter punishment.

According to Article 64 of the Criminal Law of People's Republic of China (PRC), "the property illegally obtained by criminals shall be recovered or ordered to make restitution; The lawful property of the victim shall be returned in time; Prohibited articles and personal belongings used for crimes shall be confiscated. Confiscated property and fines shall be turned over to the state treasury and shall not be misappropriated or disposed of by themselves. The public deposits illegally absorbed in this case shall be returned to the victims of this case.

Regarding the opinions of both the prosecution and the defense that this case is a unit crime, after investigation, according to Article 2 of the Supreme People's Court's Interpretation on Relevant Issues Concerning the Specific Application of Law in the Trial of Unit Crime Cases, "companies, enterprises and institutions established by individuals commit crimes, or companies, enterprises and institutions are established, and their main activities are to commit crimes, and they are not punished as unit crimes". In this case, Liu Moumou, the legal representative of Meishan Xinhua Paper Printing Co., Ltd., set up a branch in Zigong City for the purpose of illegally absorbing public deposits, and after the establishment of the branch, all the activities that the defendant Wang Moumou was responsible for also belonged to illegally absorbing public deposits, so it could not be punished as a unit crime. The reason for committing a unit crime in this case was untenable and our court refused to adopt it.

The defender's improper opinion on the application of probation to the defendant Wang Moumou was rejected by our court. The remaining defense reasons are in line with the facts and laws of this case and are adopted by our court.

Accordingly, in accordance with the provisions of the first paragraph of Article 176, Article 25, Article 27, Article 64 and Article 67 of the Criminal Law of People's Republic of China (PRC) and the Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases of Illegal Fund-raising, the judgment is as follows:

1. Defendant Wang Moumou was convicted of illegally absorbing public deposits, sentenced to two years' imprisonment and fined 50,000 yuan (limited to be paid within one month after this judgment came into effect);

(The term of imprisonment shall be calculated from the date of execution of the judgment; If a person is detained before the execution of the judgment, one day of detention shall be reduced to one day of fixed-term imprisonment, that is, from September 20, 20 15 to September 20, 20 17. )

2. In this case, the total amount of illegally absorbed public deposits is 2,069 yuan, and 360 yuan has returned the compensation to 82 victims, limited to payment within one month after this judgment takes effect.

If you refuse to accept this judgment, you should submit one original and two copies of the appeal to the Intermediate People's Court of Zigong City, Sichuan Province through our court or directly within ten days from the second day of receiving this judgment.

Chief justice XXX

People's juror XXX

People's juror XXX

March 25, 1916

Staff XXX

Be sure to include the relevant identity information of the defendant, as well as the case, the facts and reasons of the lawsuit, and most importantly, the court's opinion, which is what the court said above, will be the basis for the final determination of responsibility. Of course, the evidence and facts during the trial should also be recorded.