(A) the object elements
The object of this form of crime is a complex object, which not only violates the ownership of public and private property, but also violates the national financial management system.
(b) objective factors
Objectively speaking, this crime shows that the perpetrator must implement illegal fund-raising by fraud, and the amount is large. The person who constitutes this crime should objectively meet the following conditions: there must be illegal fund-raising behavior.
(1) The offering subject shall be a company that meets the requirements of a limited liability company or a joint stock limited company as stipulated in the Company Law or other legally established enterprises with legal personality.
(2) the purpose of companies and enterprises to gather funds.
(3) Companies and enterprises mainly raise funds by issuing stocks, bonds or financial leasing, joint ventures and joint ventures. Among them, issuing stocks and bonds is the main way to raise funds.
(4) Companies and enterprises that raise funds in the capital market must abide by the law.
(3) Main elements
The subject of this crime is the 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 Article 200 of this section, a unit can also be the subject of this crime.
(4) Subjective factors
Subjectively, this form of crime is intentional, and its purpose is illegal possession. That is, the actor subjectively has the purpose of taking illegally gathered funds for himself. The so-called misappropriation includes not only placing illegally raised funds under the control of individuals who illegally raise formal funds, but also placing illegally raised funds under the control of their own units. Under normal circumstances, this purpose is embodied in transferring the ownership of illegal fund-raising funds to yourself, or squandering them at will, or absconding with the funds after possessing them.
Second, illegal fund-raising and sentencing
The crime of swindling illegal fund-raising is punished in three grades. He shall be sentenced to fixed-term imprisonment of not more than five 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 of fraud is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five 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. 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 not less than 50,000 yuan but not more than 500,000 yuan or confiscated property. Due to the complexity of such criminal cases, from the actual cases, the amount of fraud is generally very large, some of which exceed one million yuan, ten million yuan, and some even reach hundreds of millions and hundreds of millions of yuan. As for the meaning of huge amount, especially huge amount, and the meaning of serious circumstances, the Supreme People's Court and the Supreme People's Procuratorate can make a judicial interpretation to make it clear.
In fact, speculation in foreign exchange alone is not enough to prove the existence of illegal fund-raising. Only illegal fund-raising by speculating in foreign exchange meets the conditions of illegal fund-raising can it be recognized as illegal fund-raising Illegal fund-raising was sentenced to life imprisonment.