How to judge the major case of credit cooperative finance

Defendant Meng xx, female, was the general manager of Xinhe Wealth Investment Management (Beijing) Co., Ltd. before the incident. He was criminally detained on July, 2065438 12 for the crime of illegally absorbing public deposits. He was released on bail the next day, and was placed under residential surveillance on June 65438+10/October 65438+July 2023.

P2P platform does not suck.

Beijing Chaoyang District People's Procuratorate accused the defendants Meng xx, (handled separately), Xia Shibing (handled separately) and others of investing in Jiasheng Center, Building No.9, Dongsanhuan North Road, Chaoyang District, Beijing, and Han Wei International Plaza, Fengtai District, Beijing from 20 14 to 20 19. Using P2P platforms such as Xinhe Finance, Jinxin.com and Asset House, we signed a directional subscription agreement 1030 10 with fund-raising participants in the form of creditor's rights transfer, promising high returns and attracting unspecified public investment. Xia Jing and others set up branches and offline stores in many places across the country to engage in the above-mentioned capital absorption business. According to preliminary statistics, Xia Jing and others have absorbed more than 654.38+02 billion yuan. Among them, the defendant Meng xx participated in absorbing more than 7 million yuan. Defendant Meng xx was arrested by Shantou Police Station of Chaoyang Branch of Beijing Public Security Bureau on July, 2065438 12.

For the above facts, the public prosecution agency read out and produced the following evidence materials in court: witness testimony, documentary evidence, defendant's confession and other evidence. The public prosecution agency believes that the defendant Meng xx violated state regulations and absorbed public deposits in disguise, disrupting the financial order. The amount is huge, and its behavior violates the provisions of the first paragraph of Article 176 and Article 25 of the Magic Investment Series Service Agreement. If the facts of the crime are clear and the evidence is true and sufficient, he shall be investigated for criminal responsibility for the crime of illegally absorbing public deposits and submitted to our court for sentencing according to law.

It was found through trial that during the period from 20 14 to 20 19, the defendant Meng xx used Credit Union Finance, Jinxin.com and Asset House in Chaoyang District of Beijing in the names of Credit Union Wealth Investment Management (Beijing) Co., Ltd., Credit Union Shangrong Network Technology (Beijing) Co., Ltd. and Credit Union Huimin Investment Management (Beijing) Co., Ltd.

Among them, the defendant Meng xx served as the general manager of Xinhe Wealth Investment Management (Beijing) Co., Ltd. from August 2065438 to the time of the incident, and was responsible for managing the financing of the company. According to statistics, the defendant Meng xx participated in the illegal absorption of more than 7 million yuan. Later, the defendant Meng xx was arrested and brought to justice by the public security organs.

In addition, after the incident and during the trial in our court, the defendant Meng xx's family paid 2.2 million yuan on his behalf.

During the trial, the defendant Meng xx and his defenders had no objection to the above facts, and there were testimonies of witnesses Xia Mou, Wang Mou, Zhang Mou, Chi Mou and others, testimonies of fund-raising participants, report materials, relevant documentary materials such as Article 1030 10 of the Criminal Law of People's Republic of China (PRC), audit reports, details of bank transactions, cash payment forms, collection process issued by public security organs, defendant Meng.

1. Defendant Meng xx was convicted of illegally absorbing public deposits, sentenced to four years' imprisonment and fined RMB 200,000 (the fine shall be paid within three months after this judgment becomes legally effective).

Two. Continue to recover the illegal income of the defendant Meng xx to compensate the economic losses of the fund-raising participants. (The list of fund-raising participants is attached)

3. 2.2 million yuan has been put on file to execute the second item of this judgment.

If you refuse to accept this judgment, you can appeal to Beijing No.3 Intermediate People's Court through our court or directly within ten days from the second day of receiving the judgment. The appeal shall be submitted in one original and two copies.

Presiding Judge Song Lei

People's Juror Li Yuanyuan

People's Juror Zhang Minghao

February 2, 20231

Clerk Qin Mengyuan

1. Confirmation of attachment status. The defendant Meng xx played a secondary role in the joint crime and was an accessory.

2. After being brought to justice, truthfully confessing the main facts of the crime, voluntarily accepting punishment in court and returning part of the illegal income are the reasons for a lighter punishment according to law.

3. Why are you eligible for probation? Later, he served as the general manager of the business department of Xinhe Wealth Investment Management (Beijing) Co., Ltd., responsible for the management of the company's financing matters, participated in the crime for a long time, and only returned part of the illegal income, which did not belong to the case that the criminal circumstances were minor and the probation could be applied.

4. Because the illegal income was not fully returned, the court continued to recover the defendant Meng xx's illegal income to compensate the fund-raising participants for their economic losses, and the filing money was handled together.

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