According to the Supreme People's Court's judicial interpretation, the crime of illegal fund-raising mainly includes the following crimes: the crime of illegally absorbing public deposits, the crime of fund-raising fraud, the crime of issuing stocks, companies and corporate bonds without authorization, and the crime of false advertising (advertising operators and publishers use advertisements to make false propaganda on goods or services related to illegal fund-raising activities in violation of state regulations).

I. Crime of illegally absorbing public deposits

1. The crime of illegally absorbing public deposits:

(1) Absorbing funds without the legal approval of relevant departments or in the form of legal operation;

(2) Publicity to the public through media, promotion meetings, leaflets, mobile phone messages, etc.

(3) Commitment to repay the principal and interest or pay the return in the form of currency, material object and equity. In a certain period of time;

(4) Absorb funds from the public, that is, unspecified objects in society.

(5) Illegally absorbing funds by means of selling back to capital, after-sale charter, agreed repurchase, selling shares of real estate with no real content of real estate sales or real estate sales as the main purpose;

(six) illegally absorbing funds through the transfer of forest rights and management on behalf of others;

(seven) illegally absorbing funds by planting (breeding), renting planting (breeding) and joint planting (breeding);

(eight) illegally absorbing funds by means of commodity repurchase or consignment. , there is no real content to sell goods or provide services or the main purpose is to sell goods and provide services;

(nine) illegally absorbing funds by means of false transfer of equity or sale of fictitious bonds, etc., which do not have the true contents of issuing stocks and bonds;

(10) Illegally absorbing funds by means of overseas funds or selling fictitious funds without the true contents of the raised funds;

(1 1) does not have the real content of selling insurance, and illegally absorbs funds by impersonating an insurance company or forging insurance documents;

(12) illegally absorbing funds by investing in stocks;

(13) entrusted wealth management to illegally absorb funds;

(14) using NGOs such as "associations" and "social organizations" to illegally absorb funds;

(15) Other illegal acts of absorbing funds.

2. The amount of crimes that constitute criminal responsibility:

(1) Individuals illegally absorb or absorb public deposits in disguised form, with an amount of more than 200,000 yuan, and units illegally absorb or absorb public deposits in disguised form, with an amount of more than 6,543.8+0,000 yuan;

(2) Individuals illegally or in disguised form absorb more than 30 public deposit objects, and units illegally or in disguised form absorb more than 150 public deposit objects;

(3) Individuals illegally absorb or absorb public deposits in disguised form, resulting in direct economic losses of depositors of more than 654.38+10,000 yuan, while units illegally absorb or absorb public deposits in disguised form, resulting in direct economic losses of depositors of more than 500,000 yuan;

(4) Causing adverse social impact or other serious consequences.

3. The crime of illegally absorbing public deposits is huge or has other serious circumstances;

(1) Individuals illegally absorb or absorb public deposits in disguised form, with an amount of more than 6,543,800 yuan, and units illegally absorb or absorb public deposits in disguised form, with an amount of more than 5 million yuan;

(2) Individuals illegally absorb or disguise public deposits 100 or more, and units illegally absorb or disguise public deposits of more than 500 people;

(3) Individuals illegally absorb and conceal public deposits, resulting in direct economic losses of depositors of more than 500,000 yuan, and units illegally absorb and conceal public deposits, resulting in direct economic losses of depositors of more than 2.5 million yuan;

(4) Causing particularly bad social impact or other particularly serious consequences.

Two. crime of fraud in financing

2. Illegal fund-raising by fraudulent means, in any of the following circumstances, can be identified as "for the purpose of illegal possession" (the performance of the crime of fund-raising fraud)

(1) The raised funds are not used for production and business activities, or are obviously out of proportion to the scale of the raised funds, so that the raised funds cannot be returned;

(two) wantonly squandering fund-raising, so that the fund-raising can not be returned;

(3) Escaping with fund-raising funds; ?

(four) the use of fund-raising funds for illegal and criminal activities;

(5) Evading, transferring funds, concealing property or evading the return of funds;

(6) Concealing or destroying accounts, or carrying out false bankruptcy or false bankruptcy to avoid withdrawing funds;

(seven) refused to account for the whereabouts of funds, to escape the return of funds;

(8) Other circumstances under which the purpose of illegal possession can be determined.

2. Individuals commit the crime of fund-raising fraud, and the amount is determined:

(1) If an individual commits fund-raising fraud and the amount is more than 654.38+10,000 yuan, it shall be deemed as "a large amount";

(2) If the amount is more than 300,000 yuan, it shall be deemed as "a huge amount";

(3) If the amount is more than 6,543,800 yuan, it shall be deemed as "extremely huge".

3. The unit commits the crime of fund-raising fraud, and the amount is determined:

(1) if the unit commits fund-raising fraud, and the amount is more than 500,000 yuan, it shall be deemed as "a large amount";

(2) If the amount is more than 6,543,800 yuan+0.5 million yuan, it shall be deemed as "a huge amount";

(3) If the amount is more than 5 million yuan, it shall be deemed as "extremely huge".