1. Will there be legal consequences if you don't do it or refund the money?
1. In general, failure to perform the contract is only a civil breach of contract and does not constitute fraud. If the collection amount is more than 3,000 yuan to 1 10,000 yuan, it may be suspected of fraud. If the amount is small, you can bring a lawsuit to the court and ask the other party to return the money unjustly gained.
2. State functionaries who take advantage of their positions to ask for other people's property or illegally accept other people's property to seek benefits for others constitute the crime of accepting bribes. Even if they fail to do so, their conviction will not be affected.
3. Non-state employees of companies, enterprises or other units, taking advantage of their positions, demand or illegally accept other people's property and seek benefits for others, and the amount is relatively large, which constitutes the crime of accepting bribes by non-state employees.
Second, the common types of bribery
1, accepting bribes. State functionaries take advantage of their positions to illegally accept other people's property and seek benefits for others.
2. Ask for bribes. State functionaries take advantage of their positions to extort other people's property and seek benefits for others.
3. Economic bribery. State functionaries who, in economic exchanges, violate state regulations and accept kickbacks and service fees in various names shall be owned by individuals.
4. mediate and accept bribes. State functionaries, taking advantage of their authority or position, seek illegitimate interests for the trustee, ask for the trustee or accept the trustee's property through the behavior of other state functionaries.
5. Trading bribes. National staff take advantage of their positions to seek benefits for customers and accept customers' property in the form of transactions.
6. Performance shares pay dividends and pay bribes. State functionaries take advantage of their positions to seek benefits for the trustee and accept the performance shares provided by the trustee.
7. Bribery of cooperative investment. National staff take advantage of their positions to seek benefits for the trustee and accept the trustee's property in the name of starting a company and other cooperative investments.
8. Bribery of entrusted financial management. State functionaries take advantage of their positions to seek benefits for the trustees, and in the name of entrusting the trustees to invest in securities, futures, funds or other entrusted wealth management, they obtain "income" without actually contributing capital, or "income" that is obviously higher than the income due from their contributions.
9. Gambling and bribery. National staff take advantage of their positions to seek benefits for the trustee and accept the trustee's property through gambling.
10, bribery in name. State functionaries take advantage of their positions to seek benefits for customers, and demand or accept the so-called remuneration from customers in the name of arranging work for specific customers.
1 1, a specific related party took bribes. State functionaries take advantage of their positions to seek benefits for clients and instruct clients to take the forms of trading, cooperative investment, entrusted financial management, gambling and nominal wages. The act of giving related property to a specific person.
12, taking bribes after leaving the company. State functionaries take advantage of their positions to seek benefits for the trustee, and agree to accept the trustee's property before or after leaving their posts, and accept the trustee's property after leaving their posts.
Third, what are the objective manifestations of the crime of accepting bribes by non-state staff?
1. Employees of companies, enterprises or other units who, by taking advantage of their positions, extort or illegally accept other people's property and seek benefits for others, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also be fined; 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; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment and shall also be fined.
2. Employees of companies, enterprises or other units who take advantage of their positions in economic exchanges, in violation of state regulations, accept kickbacks and service fees in various names, which are owned by individuals, shall be punished in accordance with the provisions of the preceding paragraph.
3. Personnel engaged in public service in state-owned companies, enterprises or other state-owned units and personnel assigned by state-owned companies, enterprises or other state-owned units to engage in public service in non-state-owned companies, enterprises or other units who commit the acts mentioned in the preceding two paragraphs shall be convicted and punished in accordance with the provisions of Articles 385 and 386 of this Law.
Legal basis:
Article 385 of the Criminal Law of People's Republic of China (PRC)
Bribery: State functionaries who take advantage of their positions to ask for other people's property or illegally accept other people's property and seek benefits for others are guilty of bribery.
Article 266
Whoever defrauds public or private property in a relatively large amount shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or only be fined; 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; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated.