The crime of illegal fund-raising refers to illegal fund-raising by fraudulent means, and the amount is relatively large.
The so-called illegal fund-raising refers to companies, enterprises, individuals or other organizations without approval. It is the essence of this crime to raise funds from the public or the collective through improper channels in violation of laws and regulations.
example
In real life, illegal absorption of public deposits is generally easier to understand and identify. If the real estate company claims to give high interest or other returns because of the shortage of funds and directly borrows money from the public, it is a typical illegal deposit absorption behavior. As for the act of absorbing public deposits in disguise, it is relatively difficult to identify it because of its various forms and repeated innovations, and its intention to evade legal sanctions. For example, in the name of developing members, franchise stores, specialty stores and agency stores. , promising high returns and illegally absorbing funds; In the name of selling leasehold property shops, claiming low risk and high return, illegally absorbing funds; Absorb public deposits in disguise under the guise of supporting ecological environment protection, developing green industries and planting trees, and so on. The act of absorbing public deposits in disguise needs to be recognized in combination with the basic legal characteristics of illegal fund-raising.
Illegal absorption or disguised absorption of public deposits can only constitute a crime if it reaches a certain amount or circumstances. 20 10 on may 7th, the Ministry of public security of the Supreme People's Procuratorate formulated and issued the provisions of the Ministry of public security of the Supreme People's Procuratorate on the standards for filing and prosecuting criminal cases under the jurisdiction of public security organs (II). Article 28 Whoever illegally absorbs public deposits or absorbs public deposits in disguised form, thus disrupting the financial order, shall file a case for prosecution: (1) Individuals illegally absorb or absorb public deposits in disguised form with an amount of more than 200,000 yuan. (2) Individuals illegally or in disguised form absorb more than 30 public deposits, and units illegally or in disguised form absorb more than 150 public deposits; (3) Individuals illegally absorb or absorb public deposits in disguised form, resulting in direct economic losses of depositors of more than 100,000 yuan, and units illegally absorb or absorb public deposits, resulting in direct economic losses of depositors of more than 500,000 yuan; (4) Causing adverse social impact; (5) Other circumstances that seriously disrupt the financial order. "