wholesale velvet jewelry pouches How can I recover the money after illegal fundraising?
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wholesale velvet jewelry pouches How can I recover the money after illegal fundraising?
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necklace fashion jewelry wholesale Legal analysis:
illegal fund -raising should be cheated to the police in time, and generally return the fundraising participants after the litigation is over. If all the property involved in the case is not returned, it will be returned according to the proportion of the fundraising of the fundraising participants. The funds that illegally absorbed to the public are illegal income. The interest, dividends and other returns paid by the fundraising participants, and the agency fees, benefits, return fees, commissions, commissions and other fees to help the people who help the people who help the absorption of funds shall be recovered in accordance with the law. If the principal of the fundraising participants has not been returned, the payments they pay can be discounted. The people's government organized a member unit to set up a task force (or working group). Organize the ban and announcement of illegal fund -raising activities according to the actual situation of the case. Register the identity of the fundraising people and the amount of fundraising, and master the total number of fundraising, total funding, the total amount of fundraising, the amount of return, and the non -return amount of the case. The task force cleared the claims of the enterprise (individual), asset preservation, and the realization of the assets involved in public auction, and used public auction to be used for fund -raising. Based on the surplus funds after cleaning, the task force formulates a unified refund policy, the principle of repayment, and the proportion of replies in accordance with the proportion of fund -raising participants' fund -raising amount, and to end the case in the form of the case in the form of disposal reports. Essence The so -called illegal fundraising refers to the company, enterprise, individual or other organizations without approval. Violation of laws and regulations, and through incorrect channels, the act of raising funds to the public or collective funds is the essence of criminal behavior.
Legal basis:
"The Criminal Law of the People's Republic of China" Article 192 for the purpose of illegal possession, illegal fundraising is used to use fraud methods. If there is a period of imprisonment and a fine; if there is a huge amount or other serious circumstances, it will be sentenced to more than seven years in prison or life imprisonment, and a fine or confiscation of property.
For the first crime of the unit, the unit is sentenced to fines, and the person in charge and other direct responsible persons who are directly responsible for them shall be punished in accordance with the provisions of the previous paragraph.
The derivative problem:
What is the difference between fraud and illegal fund -raising?
The difference between fraud and illegal fund -raising is:
1. The object of crime is different. The object of fund -raising fraud is the funds used by unspecified most people to raise funds, including money and property.
The object of fraud is specific, that is, the perpetrator is to implement fraud and obtain its money for a certain person or unit.
2. The expression of objective behavior is different. The crime of fraud is objectively manifested in the actual aspect of fictional facts or concealing the truth to directly make the deceived person delivered to the property. The deceptive delivery of the property can be to invest in profit or buy something.
The crime of fundraising fraud is a special method of being tolerant. Therefore, if a fundraising method is deceived by fraud, the crime shall be punished by fund -raising fraud.