1. What kind of punishment will be given to those who participate in illegal fund-raising?
1. If a unit initiates, leads or organizes the implementation of illegal fund-raising, it shall be ordered to make corrections within a time limit, given a warning, and may be fined between 200,000 yuan and 2 million yuan; If it fails to make corrections within the time limit or if the circumstances are serious, it shall be ordered to stop production and business, and the license or business license shall be revoked by the original issuing authority, and a fine of not less than 1 times but not more than 5 times shall be imposed. The directly responsible person in charge and other directly responsible personnel shall be fined from 6,543,800 yuan to 6,543,800 yuan, and may be banned from being a director, supervisor or senior manager of a company, enterprise or other organization for a certain period of time according to the seriousness of the case.
2. Individuals who initiate, lead or organize the implementation of illegal fund-raising shall be ordered to make corrections within a time limit, given a warning, and may be fined between 6,543,800 yuan and 6,543,800 yuan; If no correction is made within the time limit or the circumstances are serious, a fine of 1 time but not more than 5 times of the raised amount shall be imposed. According to the seriousness of the case, you can be banned from being a director, supervisor, senior manager of a company, enterprise or other organization for a certain period of time until life.
3, assist in illegal fund-raising, shall be ordered to make corrections within a time limit and give a warning; If no correction is made within the time limit or the circumstances are serious, a fine of not less than 50,000 yuan but not more than 500,000 yuan shall be imposed.
4, advertising agents and publishers in violation of the provisions of the second paragraph of Article 9 of this Ordinance, did not fulfill the obligation of inspection and verification, the administrative department for Industry and commerce shall order it to make corrections, and may be fined up to 50,000 yuan.
5. If the business premises and sales channels of financial institutions and non-bank payment institutions are used by illegal fund-raisers for illegal fund-raising due to dereliction of management, the financial management department shall confiscate the illegal income and impose a fine of more than/kloc-0 and less than 5 times the illegal income; Give a warning to the directly responsible person in charge and other directly responsible personnel, and impose a fine of not less than 50,000 yuan but not more than 500,000 yuan, cancel the post qualification or prohibit them from working in related financial industries within a certain period of time.
6. If illegal fund-raisers use the business premises, channels and platforms of institutions other than those specified in the preceding paragraph to raise funds illegally, their illegal income shall be confiscated, and they shall be fined not less than 1 times but not more than 3 times; Give a warning to the directly responsible person in charge and other directly responsible personnel, and impose a fine of more than 20,000 yuan and less than 200,000 yuan.
7 participants in illegal fund-raising, that is, units and individuals investing in illegal fund-raising, shall bear the losses suffered by participating in illegal fund-raising.
Two. Types of illegal fund raising:
1. Absorb funds by issuing securities, membership cards or debt certificates.
It is common to issue shares, bonds, lottery tickets, investment funds and other rights certificates in the name of futures trading, pawn, etc. or illegally raise funds. Illegal fund-raising by claiming shares, participating in dividends, entrusting investment, entrusting financial management, etc. Illegal fund-raising through membership cards, membership cards, seat cards, discount cards, consumption cards, etc.
2. Divide real estate, real estate and other assets into equal parts, and raise funds at high interest rates by selling their own shares.
The latest change is: illegal fund-raising by selling its share and promising to sell it for leaseback, after-sale repurchase and regular rebate.
3. Illegal fund-raising in the form of non-governmental organizations.
Recent changes: using banks to raise funds.
4. Illegal fund-raising in the form of signing economic contracts such as commodity distribution.
Common ones are: illegal fund-raising by means of commodity sales and leaseback, repurchase and transfer, membership development, business joining and "quick integral method".
5. Raise funds by issuing or issuing lottery tickets in disguised form;
6. Illegal fund-raising in the form of pyramid schemes or secret series;
7. Illegal fund-raising in the form of orchard or manor development.
For example, illegal fund-raising is carried out in the name of planting, breeding, project development, manor development and eco-environmental investment.
8. The use of modern electronic network technology to build "electronic stores", "electronic department stores" and other "virtual" products to invest in entrusted operations, repurchase due and other illegal fund-raising activities.
9, the use of the Internet to set up illegal fund-raising in the form of investment funds;
10, illegally raising funds in the form of "electronic gold investment".
On the one hand, illegal fund-raising violates the relevant systems and regulations of social market economy, on the other hand, it also causes serious division of the legitimate property of others. When dealing with related matters, we can judge according to the actual illegal facts and consequences, and the penalties determined by different amounts involved are also different.
legal ground
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
Article 9 Whoever commits the crime of illegally absorbing public deposits shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also, or shall only, be fined not less than 50,000 yuan but not more than 1 million yuan; Be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and be fined not less than 100,000 yuan but not more than 5 million yuan; Those who are sentenced to fixed-term imprisonment of not less than 10 years shall also be fined not less than 500,000 yuan.
Whoever commits the crime of fund-raising fraud and is sentenced to fixed-term imprisonment of not less than three years but not more than seven years shall also be fined not less than 100,000 yuan but not more than 5 million yuan; Whoever is sentenced to fixed-term imprisonment of not less than seven years or life imprisonment shall also be fined not less than 500,000 yuan or have his property confiscated.
Criminal law of the people's Republic of China
Article 176 Whoever illegally absorbs public deposits or absorbs public deposits in disguised form, thus disrupting financial order, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also, or shall only, 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.
If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph.
Article 192 Whoever illegally raises funds by fraudulent means for the purpose of illegal possession, if the amount is relatively large, 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 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.