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What are the consequences of illegal fund-raising by Kunshan Jinmai?
Illegal fund-raising occurs frequently in today's society. For many people, the root of crime is the temptation of interests, so once such a crime is committed, there will be corresponding punishment, and the consequences of punishment will be different according to the development of the case. However, the state will generally impose heavier penalties on illegal fund-raising because such crimes are more harmful to others. Illegal fund-raising (according to the provisions of the Notice on Banning Illegal Financial Institutions and Illegal Financial Business Activities) refers to the behavior that a unit or individual raises funds from the public by issuing stocks, bonds, lottery tickets, investment fund securities or other creditor's rights certificates without the approval of the relevant departments in accordance with legal procedures, and promises to repay the principal and interest to investors in cash, in kind or in other ways within a certain period of time. What are the consequences of illegal fund-raising in Kunshan Jinmai, which plays a fundamental role in saving the lost interests of the parties. 1. The parties involved in illegal fund-raising will suffer economic losses or even lose all their money. The money used for illegal fund-raising may be saved by the participants all their lives, or it may be life-saving money. The illegal fund-raisers arbitrarily squander, waste, transfer or illegally occupy these funds, and it is difficult for participants to recover the funds; 2. Illegal fund-raising also seriously interferes with the normal economic and financial order, causing risks; 3. Illegal fund-raising can easily lead to social instability. Since illegal fund-raising is illegal, once losses occur, the parties concerned need to bear them themselves. Therefore, I hope that the public will definitely not participate in illegal fund-raising activities. How to prevent illegal fund-raising? 1. Compared with whether the interest rate of bank loans and the yield of ordinary financial products are too high, the obviously high return on investment is likely to be an investment trap in most cases. According to China's regulations, those who exceed the national loan interest rate by more than 4 times are not protected by law, which can be used as a reference to judge whether the return is too high. There is no pie in the sky, high returns and high risks coexist, and the purpose of criminals is to cheat money. The normal annual profit of an enterprise will generally not exceed 20%, and the distribution of ultra-high return on investment cannot last long. There must be illegal fraud. "Get rich quickly", "high return, zero risk" are very likely to be the investment traps of "please enter the urn". Investors and residents must enhance their ability to distinguish and resist the temptation of interests. They must not covet high profits and participate in illegal fund-raising activities, let alone believe in "free lunch". 2. Inquire whether the relevant enterprises are legally listed companies approved by the state through the government website, whether they can issue company stocks and bonds, and the equity trading places stipulated by the state. If you don't have the main qualification to issue and sell stocks, sell financial products and carry out deposit and loan business, you are suspected of illegal fund-raising. If criminals promote the listing of so-called stocks in domestic and foreign securities markets in the name of "securities investment consulting company" or "property rights brokerage company", they can check whether they have been approved for issuance through the government website. 3. Find out whether the relevant enterprises are legally registered and whether they have gone through tax registration by querying the industrial and commercial registration materials. If the identity of the subject is illegal and untrue, it is suspected of fraud. 4. Some influential illegal fund-raising crimes will be reported by relevant media. It is necessary to search and query the illegal and criminal records of relevant enterprises through media and Internet resources to prevent criminals from committing crimes in different places. 5. For the low-risk and high-return investment suggestions and repeated persuasion of relatives and friends, we should carefully discuss with knowledgeable friends and professionals and make prudent decisions to prevent them from becoming their development goals. 6. If it is really impossible to determine whether it is illegal fund-raising, in addition to the above, we should be vigilant and try to avoid being deceived. The public can consult the relevant departments and make a decision after knowing the details. Never take chances and invest blindly. Legal knowledge (1) Common crimes Criminal cases of illegal fund-raising mainly involve the crime of illegally absorbing public deposits and the crime of fund-raising fraud. The crime of illegally absorbing public deposits refers to the act of illegally absorbing public deposits or absorbing public deposits in disguised form in violation of the provisions of national financial management laws and regulations, disrupting financial order. The crime of fund-raising fraud refers to the illegal fund-raising by fraudulent means for the purpose of illegal possession. Both the crime of illegally absorbing public deposits and the crime of fund-raising fraud have the behavior of absorbing public deposits, which are similar on the surface. The key to the difference between them lies in their different subjective purposes. The perpetrator of the crime of illegally absorbing public deposits does not have the purpose of illegally occupying other people's property, but intends to make profits by illegally absorbing public deposits. The perpetrator of the crime of fund-raising fraud subjectively has the purpose of illegally possessing other people's property and intends to directly possess the funds raised. (II) Legal Consequences According to the provisions of the Criminal Law, anyone who commits the crime of illegally absorbing public deposits shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or only 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 three 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. Whoever commits the crime of fund-raising fraud shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and 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; If the amount is especially huge, causing particularly heavy losses to the interests of the state and the people, he shall be sentenced to life imprisonment or death, and his property shall be confiscated. (III) Risks and losses arising from participation in illegal fund-raising Relevant laws clearly stipulate that the losses arising from participation in illegal public deposits and illegal fund-raising activities shall be borne by the participants themselves, and the debts and risks arising therefrom shall not be passed on to state-owned banks, other financial institutions and any other units that have not participated in illegal public deposits and illegal fund-raising activities. In the process of banning illegal absorption of public deposits and illegal fund-raising activities, local governments are only responsible for organizing and coordinating work, and cannot make up for the losses caused by illegal fund-raising by means of financial allocation. Illegal fund-raising has an important impact on our lives. Once we deal with illegal activities, it will bring us unnecessary trouble. Therefore, we can't commit corresponding crimes because of the temptation of interests. On the other hand, victims should also keep their eyes open and not be deceived by the high profits of financial fraud. Rational investment is the key.
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