How to punish illegal fund-raising for equity crowdfunding without specifying 200 people?

In fact, illegal fund-raising is clearly and rigidly stipulated in the law, but when the public understands it, they will use the most superficial meaning to narrow down the possibility of all crimes. Some people even think that they have found a legal vacancy and started illegal fund-raising activities without authorization in the name of equity crowdfunding. Then, how to punish the illegal fundraising of equity crowdfunding that is not specific to 200 people? First, how to punish illegal fund-raising for equity crowdfunding without specifying 200 people? More than 200 people in equity crowdfunding are illegally raising funds. Crowdfunding is an open fundraising for unspecified people, and it is easy to be suspected of illegal fundraising. In exchange for the original equity, it is equivalent to attracting some people to start a company, and it also involves the issue of company law. Because the company stipulates that the number of shareholders of a non-listed company cannot exceed 200. Rule number one. The act of absorbing funds from the public (including units and individuals) in violation of national financial management regulations, which meets the following four conditions at the same time, shall be deemed as "illegally absorbing public deposits or absorbing public deposits in disguised form" as stipulated in Article 176 of the Criminal Law, except as otherwise provided by the Criminal Law: (1) absorbing funds without the approval of relevant departments according to law or borrowing legal business forms; (two) through the media, promotion meetings, leaflets, mobile phone messages and other means to promote to the society; (3) Commitment to repay the principal and interest or pay the return in the form of currency, material object or equity. In a certain period of time; (four) to absorb funds from the public, that is, the social unspecified objects. It is not illegal or disguised to absorb public deposits by absorbing funds from relatives, friends or units to specific objects without publicity to the society. Article 2 Anyone who commits any of the following acts and meets the conditions stipulated in the first paragraph of Article 1 of this Interpretation shall be convicted and punished for the crime of illegally absorbing public deposits in accordance with the provisions of Article 176 of the Criminal Law: (1) illegally absorbing funds by means of returning to the original sale, after-sale charter, agreed repurchase, sale of shares in real estate, etc. There is no real content of real estate sales or real estate sales as the main purpose; (two) illegally absorbing funds through the transfer of forest rights and management on behalf of others; (3) illegally absorbing funds by planting (breeding), renting planting (breeding) or joint planting (breeding); (four) illegally absorbing funds by means of commodity repurchase or consignment. There is no real content of selling goods or providing services or the main purpose is to sell goods or provide services; (five) 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; (6) Raising funds without real content, illegally absorbing funds by means of overseas funds or selling fictitious funds; (seven) without the real content of selling insurance, illegally absorbing funds by means of counterfeiting insurance companies or forging insurance documents; (8) illegally absorbing funds by investing in stocks; (9) Illegally absorbing funds by means of entrusted financial management; (ten) the use of "clubs", "social organizations" and other non-governmental organizations to illegally absorb funds; (eleven) other acts of illegally absorbing funds. Article 3 Whoever illegally absorbs or conceals public deposits in any of the following circumstances shall be investigated for criminal responsibility according to law: (1) Individuals illegally absorb or conceal public deposits in an amount of more than 200,000 yuan, and units illegally absorb or conceal public deposits in an amount of more than 6,543,800 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 and conceal public deposits, resulting in direct economic losses of depositors of more than 654.38 million yuan, and units illegally absorb and conceal public deposits, resulting in direct economic losses of depositors of more than 500,000 yuan; (4) Causing adverse social impact or other serious consequences. Under any of the following circumstances, it belongs to "huge amount or other serious circumstances" as stipulated in Article 176 of the Criminal Law: (1) The amount of public deposits illegally absorbed or disguised by individuals is more than 6,543,800 yuan, and the amount of public deposits illegally absorbed or disguised by units is 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 or absorb public deposits in disguised form, resulting in direct economic losses of depositors of more than 500,000 yuan, and units illegally absorb or absorb public deposits in disguised form, 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. The amount of illegal or disguised absorption of public deposits shall be calculated in full with the funds absorbed by the actor. The amount refunded before and after the crime can be considered as the circumstances of sentencing. Illegal absorption or disguised absorption of public deposits, mainly used for normal production and business activities, can repay the absorbed funds in time, can be exempted from criminal punishment; If the circumstances are obviously minor, it shall not be treated as a crime. Article 4 Whoever commits the acts listed in Article 2 of this Interpretation by fraudulent means for the purpose of illegal possession shall be convicted and punished for the crime of fund-raising fraud in accordance with the provisions of Article 192 of the Criminal Law. Illegal fund-raising by fraudulent means can be regarded as "for the purpose of illegal possession" under any of the following circumstances: (1) After fund-raising is not used for production and business activities, or it is obviously disproportionate to the scale of fund-raising, so that the fund-raising cannot be returned; (two) wantonly squandering fund-raising, so that the fund-raising can not be returned; (3) fleeing with funds; (4) The funds raised are used for illegal and criminal activities; (5) Evading, transferring funds, concealing property or evading the return of funds; (six) concealing or destroying accounts, or engaging in fake bankruptcy or bankruptcy to escape the withdrawal of funds; (seven) refused to account for the whereabouts of funds, to escape the return of funds; (eight) other circumstances that can be identified as the purpose of illegal possession. The purpose of illegal possession in the crime of fund-raising fraud should be determined according to the situation. If part of the illegal fund-raising behavior of the actor has the purpose of illegal possession, the fund-raising involved in this part of illegal fund-raising behavior shall be convicted and punished for the crime of fund-raising fraud; If the center of the crime of illegal fund-raising has the purpose of illegal possession and other actors have no intention or behavior of illegal possession of fund-raising, the actor with the purpose of illegal possession shall be convicted and punished for the crime of fund-raising fraud. Article 5 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"; If the amount is more than 300,000 yuan, it shall be deemed as "a huge amount"; If the amount is more than 6,543,800 yuan, it shall be deemed as "extremely huge". If the unit implements fund-raising fraud and the amount is more than 500,000 yuan, it shall be deemed as "a large amount"; If the amount is more than 6.5438+0.5 million yuan, it shall be deemed as "a huge amount"; If the amount is more than 5 million yuan, it shall be deemed as "extremely huge". The amount of fund-raising fraud is calculated by the amount actually defrauded by the perpetrator, and the amount returned before the incident is deducted. Advertising fees, agency fees, handling fees, kickbacks paid by the actor for fund-raising fraud activities, or expenses for bribery, gifts, etc. shall not be deducted. The interest paid by the actor for fund-raising fraud shall be included in the fraud amount, except that the principal can not be deducted. Article 6 Whoever issues stocks and corporate bonds in disguised form to unspecified social objects or to specific objects without the approval of the relevant competent departments of the state, or the cumulative number of corporate bonds issued exceeds 200, shall be deemed as "issuing stocks and corporate bonds without authorization" as stipulated in Article 179 of the Criminal Law. If the case constitutes a crime, it shall be convicted and punished for the crime of issuing stocks, companies and corporate bonds without authorization. Article 7 Whoever, in violation of state regulations, issues fund shares to raise funds without legal approval, if the circumstances are serious, shall be convicted and punished for the crime of illegal business operation in accordance with the provisions of Article 225 of the Criminal Law. Article 8 Advertising agents and publishers who, in violation of state regulations, use advertisements to make false propaganda about goods or services related to illegal fund-raising activities shall be convicted and punished for the crime of false advertising in accordance with the provisions of Article 222 of the Criminal Law: (1) The amount of illegal income is more than 654.38 million yuan; (2) Causing serious harmful consequences or adverse social impact; (3) Having been subjected to administrative punishment for more than two times for making false propaganda through advertisements within two years; (4) Other serious circumstances. Knowing that others are engaged in fraudulent issuance of stocks and bonds, illegally absorbing public deposits, issuing stocks and bonds without authorization, fund-raising fraud or organizing and leading pyramid schemes and other fund-raising criminal activities, and providing them with advertisements and other publicity, they shall be punished as criminals of * * * related crimes. Article 9 If the judicial interpretation previously issued is inconsistent with this interpretation, this interpretation shall prevail. To sum up, although the legal definition of illegal fund-raising is simple, it will not reduce the form of crime because of the literal restrictions of the provisions, especially those activities that use the gimmick of equity crowdfunding to deceive ordinary people to invest will definitely be punished as illegal fund-raising.