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Directory of Case Studies and Analysis of Financial Crimes
General order

order

Chapter I Crime of Disrupting Financial Management System

Section 1 Crimes of Counterfeiting Currency and Altering Currency

Case: Wanmou melted coins to make counterfeit Hong Kong dollars.

-Definition of the crime of counterfeiting currency and the crime of altering currency.

Section 2 Crimes of Financial Staff Buying Counterfeit Money and Converting Counterfeit Money into Currency

Case: Ren buys counterfeit money and converts it into money.

-Determination of "taking advantage of one's position"

Section 3 Crime of buying counterfeit money and joint crime of converting counterfeit money into money

Case 1: Li and Yang jointly bought counterfeit money.

-identification of the behavior of financial personnel and non-financial personnel purchasing counterfeit money together.

Case 2: Guo and Hu converted counterfeit money into money.

-Converting counterfeit money into money for financial and non-financial personnel.

Behavior recognition

Case 3: Pan and Li implemented the case of purchasing and exchanging money respectively.

-Buying counterfeit money for financial personnel and non-financial personnel, etc.

Behavior recognition

Section 4 Judicial Determination of Cases of Possession and Use of Counterfeit Money

Case 1: Cai's theft of counterfeit money

-Possession of counterfeit money for upstream crimes that do not endanger the monetary management system.

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Case 2: Li holds counterfeit money.

-the characterization of the cross-cutting behavior of the crime of holding and using counterfeit money.

Case 3: Zhou et al. bought, used and held counterfeit money.

-Determination of the number of crimes of selling, buying and transporting counterfeit money and the crime of using counterfeit money.

Chapter II Crimes endangering the establishment and management system of financial institutions

Case 1: Hu set up a financial institution without authorization.

-Identification of "unauthorized institutions"

Case 2: Credit cooperatives set up financial institutions without authorization.

-Whether the unauthorized establishment of branches by legal financial institutions is "unauthorized establishment"

Case 3: Du Mou and others set up financial institutions without authorization.

-Qualitative analysis of the behavior of privately established underground financial organizations.

Chapter III Crimes endangering the deposit and loan management system of financial institutions

Section 1 Crime of Lending at High Interest

Case 1: Fuding Industry & Trade Co., Ltd.' s case of high-interest lending.

-Determination of "high profit" standard

Case 2: a company's high-interest lending case

-the definition of the crime of lending at high interest and the crime of defrauding loans.

Case 3: Qi took bank funds and transferred them to loans at high interest rates.

-the nature of the behavior of "the actor lends his own funds to others at high interest rate"

Section 2 Crime of defrauding loans, bill acceptance and financial bills

Case: Luo Mou defrauded the loan case.

-the boundary between the crime of defrauding loans, the crime of bill acceptance, the crime of financial bills and the crime of loan fraud.

Section 3 Crime of illegally absorbing public deposits

Case 1: Zhongfu Securities Co., Ltd. and Mou Peng illegally absorbed public deposits.

-Definition of "entrusted financial management" and "illegally absorbing public deposits"

Case 2: Weinan Youhuta Park Co., Ltd. and Huimou illegally absorbed public deposits.

-How to identify the act of absorbing public deposits in disguise?

Case 3: High illegal absorption of public deposits.

-Definition of the crime of illegally absorbing public deposits and the crime of fund-raising fraud.

Case 4: Feng set up a financial institution without authorization and illegally absorbed public deposits.

-Identification of the subject qualification of the crime of illegally absorbing public deposits.

Section 4 Crime of Illegally Issuing Loans

Case 1: Zhou illegally issued loans.

-Identification of subjective aspects of the crime of illegally issuing loans.

Case 2: Gu's case of illegally issuing loans.

-the boundary between the crime of illegally issuing loans, the crime of misappropriating public funds and the crime of dereliction of duty.

Case 3: Qian illegally issued loans.

Identification of "violation of state regulations" in the crime of illegally issuing loans.

Section 5 Crime of Absorbing Clients' Funds without Bookkeeping

Case 1: Ma's absorption of customers' funds was not recorded.

-the boundary between the crime of absorbing customers' funds without recording them and the crime of illegally absorbing public deposits.

Case 2: An insurance branch did not record the customer's funds.

-the boundary between the crime of absorbing customers' funds without recording them and the crime of illegally using funds.

Case 3: Yang's absorption of client's funds is not recorded.

—— The boundaries between the crime of absorbing clients' funds without accounting, the crime of misappropriating public funds and the crime of misappropriating funds.

Chapter IV Crimes of Endangering Customers and Public Fund Management System

Section 1 Crime of Using Trust Property in Violation of Trust

Case: A branch used the entrusted property to violate the trust.

-Determination of "breach of trust obligation" in the crime of using trust property in violation of trust.

Section 2 Crime of Illegal Use of Funds

Case 1: Li's illegal use of funds

-the identification of the subject of the crime of illegal use of funds.

Case 2: Wang illegally used insurance funds.

-the identification of "violation of state regulations" in the crime of illegal use of funds.

Chapter V Crimes of Endangering Financial Instruments and Securities Management System

Section 1 Crime of Forging or Altering Financial Instruments

Case 1: Wang and others forged credit cards.

-Characterization of the act of forging credit cards.

Case 2: Liu forged or altered financial tickets.

-Determine the behavior of filling blank bills.

Section 2 Crime of Impairment of Credit Card Management

Case 1: Hong Mou, Xue Mou and others hold and transport forged credit cards.

-Identification of such acts as "holding and transporting forged credit cards".

Case 2: Ge Zhuo and others defrauded multiple bank credit cards.

-Identify behaviors such as "using false identity documents to defraud credit cards"

Case 3: Wang and others pretend to be others to handle and sell cards.

-Identify the sale, purchase or provision of forged credit cards to others.

Case 4: Sun Mou, Mou Yang and others' cases of credit card fraud and obstruction of credit card management.

-Definition of the crime of credit card fraud and the crime of obstructing credit card management.

Section 3 Crime of Issuing Financial Tickets in Violation of Regulations

Case: Yang illegally issued a ticket.

-Identification of the subjective aspect of the crime of illegally issuing financial tickets.

Section 4 Crimes of Acceptance, Payment and Guarantee of Illegal Bills

Case: Zhang et al. illegally accepted the bill of exchange.

-Definition of the crime of illegally issuing financial tickets and the crime of bill fraud.

Chapter VI Crimes against Securities and Futures Management System

Section 1 Crimes of Insider Trading and Disclosure of Insider Information

Case 1: He Mou and Zhu Mou's insider trading case

-Identification of the subject and inside information of the crime of insider trading

Case 2: Zhang and Li's insider trading and disclosure of insider information.

-Definition of "suggestion" behavior and "omission" behavior

Section 2 Crime of Trading with Unpublished Information

Case 1: Han uses undisclosed information for trading.

-Definition of the crime of trading with undisclosed information and the crime of insider trading and leaking inside information.

Case 2: Zhang used undisclosed information to conduct an attempted transaction.

-Whether there is an attempted form of the crime of trading with undisclosed information.

Section 3 Crime of fabricating and disseminating false information about securities and futures trading

Case: Li fabricated and disseminated false information about securities trading.

-Identification of "false information", etc.

Section 4 Crime of Deceiving Investors in Buying and Selling Securities and Futures Contracts

Case: Li deceived investors into buying and selling securities and futures contracts.

-Determination of the subjective aspect and subject of the crime of deceiving investors to buy and sell securities and futures contracts.

Section 5 Crime of Manipulating Securities and Futures Markets

Zhao manipulated the stock price of lotus gourmet powder.

-Identification of acts such as "manipulating the securities and futures market by other means"

Chapter VII Crimes of Disrupting the Foreign Exchange Management System

Section 1 Crime of evading foreign exchange

Case: Wang et al. absconded with foreign exchange settlement.

-Identification of the subject of the crime of evading foreign exchange

Section 2 Crime of fraudulently purchasing foreign exchange-

Case: Wang and Shimou cheated to buy foreign exchange.

-Determination of the crime of fraudulently purchasing foreign exchange

Chapter VIII Money Laundering Crime

Case 1: Yuan's credit card fraud case

-Determine the subject of money laundering crime

Case 2: especially money laundering case

-Determine the subjective aspects of the crime of money laundering

Case 3: Wang's money laundering case

-the boundary between the crime of money laundering and the crime of hiding drugs and stolen goods.

Case 4: Huang conceals and conceals what he has sinned.

-Determine the target of money laundering crime, etc.

Chapter IX Crimes of Financial Fraud

Section 1 Loan Fraud

Case 1: Zhang transfers funds to avoid repaying loans.

-Deliberately failing to repay the loan after confirmation.

Case 2: A real estate development company committed loan fraud.

-Identify loan fraud by unit.

Case 3: Li and Jiang illegally obtained loans from others.

-the boundary between loan fraud and crimes such as corruption and fraud.

Case 4: Li defrauded the loan case.

-Determining the criminal forms of loan fraud

Case 5: Liu loan fraud case

-Qualitative analysis of fraudulent loans in the form of fraudulent guarantees.

Section 2 Bill Fraud

Case 1: A bill fraud case.

-Qualitative analysis of the use behavior after stealing blank bills.

Case 2: Wu Mou bill fraud case

-concurrence of bill fraud and contract fraud

Section 3 Letter of Credit Fraud

Case: a letter of credit fraud case

-Does the crime of letter of credit fraud have to be aimed at illegal possession?

Section 4 Credit Card Fraud

Case 1: Chen Mou credit card fraud case

-Identification of "forgery" and "malicious overdraft"

Case 2: Jiang credit card fraud case

-Identify behaviors such as "fraudulent use" and "fraudulent use of false identities"

Case 3: Gold theft and credit card fraud

-Identify theft and credit card use.

Case 4: Li's credit card fraud case

-Determination of "fraudulent use of other people's credit cards"

Case 5: Lin embezzled other people's credit cards and used them.

-Identification of the act of "embezzling other people's credit cards and using them"

Case 6: Du Mou and others robbed the credit card and used it.

-Identification of "grabbing credit cards and using them"

Case 7: Xiaomou forged financial tickets.

-Identification of the act of "forging other people's credit cards and using them"

Case 8: A credit card fraud case

-Identify "malicious overdraft" credit card fraud

Section 5 Insurance Fraud

Case 1: Insurance fraud case of Lu et al.

-Qualitative analysis of fraudulent insurance against defects.

Case 2: The case of intentional homicide and insurance fraud by Zhang et al.

-Determine the number of insurance fraud crimes

Case 3: Zhang insurance fraud case

-the characterization of "fraudulent compensation"

Case 4: the case of insurance fraud after the shipping company assisted in destroying the owner.

-qualitative analysis after insurance and insurance fraud.

Case 5: Zheng and Chang colluded inside and outside to defraud insurance.

-Qualitative analysis of the joint fraud of insurance company staff and policyholders.