How to constitute the crime of illegally absorbing public deposits

Any act that violates the provisions of national financial management laws and absorbs funds from the public (including units and individuals) and meets the following four conditions at the same time shall be deemed to be the first offense in the criminal law unless otherwise provided by the criminal law. "Illegal absorption of public deposits or disguised absorption of public deposits" as stipulated in Article 176: (1) Absorbing funds without the approval of relevant departments in accordance with the law or by borrowing legal business forms;

(2) Publicly publicize to the public through media, promotion meetings, flyers, mobile phone text messages, etc.;

(3) Commit to repay principal and interest or make payments within a certain period of time in the form of currency, physical objects, equity, etc. Return;

(4) Absorb funds from the public, that is, unspecified objects in society.

Absorbing funds from relatives, friends or within the unit for specific targets without publicity to the public does not constitute illegal absorption or disguised absorption of public deposits.

Whoever commits any of the following acts and meets the conditions specified above 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) Does not have the true content of real estate sales or does not take real estate sales as the main purpose, and illegally absorbs funds through return sales, after-sales leasing, agreed repurchase, sales of real estate shares, etc.;

(2) Using Illegally absorbing funds by transferring forest rights and managing and protecting them on behalf of others;

(3) Illegally absorbing funds by means of planting (breeding) on ??behalf of others, renting planting (breeding), joint planting (breeding), etc.;< /p>

(4) There is no true content of selling goods or providing services, or the main purpose is not to sell goods or provide services, and illegally absorb funds by means of repurchasing goods, consigning them for sale, etc.;

(5) Does not have the true content of issuing stocks and bonds, and illegally absorbs funds by falsely transferring equity, selling fictitious bonds, etc.;

(6) Does not have the true content of raising funds, in order to Illegally absorbing funds by pretending to be overseas funds, selling fictitious funds, etc.;

(7) Illegally absorbing funds by pretending to be an insurance company, forging insurance documents, etc. without having the true content of selling insurance;

(8) Illegally absorbing funds by investing in shares;

(9) Illegally absorbing funds by entrusting financial management;

(10) Using private " Illegally absorbing funds from organizations such as "associations" and "communities";

(11) Other acts of illegally absorbing funds

Illegally absorbing or absorbing public deposits in disguised form, falling under any of the following circumstances If an individual illegally absorbs or absorbs deposits from the public in a disguised form, the amount exceeds 200,000 yuan, an entity illegally absorbs or absorbs deposits from the public in a disguised form, the amount exceeds 1 million yuan. ;

(2) An individual illegally or in disguised form absorbs more than 30 public deposit recipients, and a unit illegally or in disguised form absorbs more than 150 public deposit recipients;

(3) Where an individual illegally absorbs deposits from the public or in a disguised form, causing a direct economic loss of more than 100,000 yuan to the depositor; when an unit illegally absorbs deposits from the public or in a disguised form, causing a direct economic loss of more than 500,000 yuan to the depositor;

(4) Causing adverse social impact or other serious consequences