(1) Wu Ying fabricated facts, concealed the truth, made false propaganda to the public and illegally raised funds.

First, the evidence in the case proves that when Wu Ying raised funds from others at high interest rate, he fabricated various false reasons, such as investing in shops, doing coal and oil business, speculating in futures to make money, and circulating funds. For example, when Xiang, Yang Zhiyang, Yang, Gong Yifeng and others raised funds, they fictionalized the underground shops of Guangzhou Baima Clothing City for cooperative investment; When raising money from Yang and others, fictional speculation in copper futures made a lot of money, and so on. But in fact, the underground shops in Baima Clothing City are completely fake, and the loss of speculative futures is nearly 50 million yuan. Not only that, Wu Ying also used the illegal fund-raising income of 6.5438+0.6 million yuan to pay dividends to Yang and others, induced Yang's offline to provide funds to Yang and urged Yang to give money to Wu Ying, from which Wu Ying collected more than 96 million yuan from Yang and others. Another example is that when raising funds from Zhou, Mao and others, they fictionally do businesses such as coal and oil, and promise to share profits as high as 50% every quarter.

Secondly, in order to give the public the illusion of its strong economic strength, Wu Ying adopted a large number of falsely registered companies in a short time and used them to decorate a street in Dongyang. Buy out the advertising space on both sides of the road from Dongyang to Yiwu, and focus on promoting the advertisements of companies in Bense Group; After paying the deposit, he signed a large purchase agreement at one time and participated in the auction of large plots with high profile, which created a sensation effect, but he did not buy a house or land afterwards and did not pay a penny; Pile up a large number of jewels bought by fraud in the office to show off their wealth, or give them away at will, create the illusion of making a fortune in front of the public, and deceive the fund-raising objects and their offline.

Thirdly, once a middleman brought in a large sum of money, Wu Ying took him around the street of a natural color company and provided a large number of false real estate purchase agreements and real estate licenses purchased with fraudulent funds, thus making many victims believe in Wu Ying's wealth and "voluntarily" invest huge amounts of money in her.

Fourthly, in the later stage of fund-raising fraud, in order to cope with the crowded debt collectors in Bense Hotel and continue fund-raising fraud, Wu Ying also forged fake ICBC bills of 49 million yuan and privately carved two special seals for Guangfa Bank.

(2) Wu Ying subjectively aims at illegal possession.

First, Wu Ying is still illegally raising funds at high interest rates, knowing that it is unable to repay. Wu Ying has no economic base. Since the establishment of Bense Holding Group Co., Ltd. in April 2006, it has owed huge debts. Later, regardless of the conditions and consequences, regardless of repayment ability, a large number of funds were raised at high interest rates. There are no accounts and records for the huge fund-raising, which hides the above behavior from the executives and employees of Bense Group, so that they don't know where the money comes from and where it goes.

Second, Wu Ying used high interest rates or high returns as bait to raise funds illegally. When Wu Yinggang started fund-raising, the return condition reached from 30 yuan to 50 yuan per 10,000 yuan, and the middleman who introduced the fund-raising received a bonus of 30-65,438+000% per 10,000 yuan or every quarter. However, it has not carried out business activities, and even if it is carried out, it is impossible to obtain such rich profits. The reward condition for later fund-raising is that the victim has the final say. Wu Ying once instructed those who helped him raise money: anything can be promised as long as he can get the money.

Third, Wu Ying did not use the raised funds for production and business activities. Except for a small part of the illegal fund-raising in Wu Ying, which was used to cover up the truth by registering companies in traditional low-profit industries, most of the fund-raising was not used for production and operation. First, in order to create the illusion of fame and wealth, Wu Ying defrauded more money and used part of the fund-raising funds to pay the principal and high interest of the previous fund-raising; Signed a 10000 square meter house purchase agreement at one time and paid tens of millions of deposit, but did not buy a house afterwards, and did not pay the balance after bidding for land to raise the price to the highest price, so only the advance payment, deposit and deposit confiscated amounted to more than 40 million yuan; She bought more than 654.38 billion yuan of jewelry with the fund-raising money, gave it to others at will, or showed off her wealth in the office. She once said to the jeweler, "I have too much money and I don't know how to spend it." He also used fund-raising funds to sponsor and deceive the masses. The second is to squander fund-raising. Wu Ying himself confessed that shopping never cared about the price, and he often went to shopping malls to sweep goods, often buying hundreds of thousands at a time. In less than a year, personal shopping expenses for eating, drinking and having fun 10 million yuan; Wu Ying likes cars, and used the money from fund-raising fraud to buy more than 40 luxury cars such as Ferrari and BMW, totaling nearly 20 million yuan, including a second-hand Ferrari of 3.75 million yuan; He also gambled with the money he raised. By the time of the crime, Wu Ying had been dodging debts everywhere, unable to repay them at all, resulting in huge fund-raising funds that could not be returned and was heavily in debt.

Wu Ying's above-mentioned behavior is obviously aimed at illegal possession, using fraudulent methods of fabricating facts and concealing the truth to raise funds. First, the court of second instance found that Wu Ying constituted the crime of fund-raising fraud, which was in line with the facts of this case and the provisions of China's criminal law.