According to Article 192 of the Criminal Law, whoever illegally raises funds by fraudulent means for the purpose of illegal possession 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.
The crime of fund-raising fraud refers to the act of illegally raising a large amount of funds for the purpose of illegal possession, which violates relevant financial laws and regulations, disrupts the normal financial order of the country and infringes on the ownership of public and private property.
The "illegal possession" in the crime of fund-raising fraud should be understood as "illegal possession". From this concept, we can see that this crime is a crime of purpose, a statutory crime, a crime of amount and a crime of consequence. 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. 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.
The Intermediate People's Court of Nanjing City, Jiangsu Province held a public hearing in accordance with the law, and sentenced the defendant Zhang Xiaolei to fund-raising fraud in the first instance. The defendant Zhang Xiaolei was sentenced to 15 years in prison for fund-raising fraud and his personal property was confiscated by 100 million yuan. Zhang Xiaolei pleaded guilty and repented in court, saying that he would obey the court's decision and would not appeal.
The Nanjing Intermediate People's Court held that the defendant Zhang Xiaolei used fraudulent means to illegally raise funds for the purpose of illegal possession, and the amount was extremely huge and the circumstances were particularly serious. His behavior has constituted the crime of fund-raising fraud and should be punished according to law. Zhang Xiaolei had surrendered himself, actively cooperated with the case-handling organ to recover and repair the damage, and pleaded guilty and repented in court. The court made the above judgment according to the defendant's criminal facts, nature, circumstances and social harm.