Biodiesel Production Line factory  One, typical case

Su Mou of the accused person, Li Mou collects money bilk, zhang Mou of the accused person, Di Mou, Yu Mou, Chen Mou draws public deposit proposal illegally

In August 2011, su Mou of the accused person is registered in city of Yunnan province Kunming established limited company of science and technology of energy of grand of Yunnan river bird (company of grand of bird of river of the following abbreviation) . In November 2012, su Mou is registered in city of Hubei province Wuhan established branch of Wuhan of limited company of science and technology of energy of river bird grand (branch of Wuhan of grand of bird of river of the following abbreviation) , it is bait with the annual interest of 24% , coax society community invests oil of channel of so called ground to change biology derv project. Came in December 2012 April 2013, su Mou reachs more than 90 the injured party such as Sun Mou of collection of name of its Wuhan branch to collect money with company of river bird grand the paragraph adds up to RMB (the following money is planted all be the same as) more than yuan 660, cause a loss actually to add up to more than yuan 500. Above place receives fund 40% use at paying so called business deduct a percentage from a sum of money, 24% use at paying to return profit, and all fund raising the paragraph all was not used at so called investment project or other management activity.

In March 2013, su Mou of the accused person is registered in Shanghai again established branch of Shanghai of limited company of science and technology of energy of river bird grand (branch of Shanghai of grand of bird of river of the following abbreviation) , continue to change biology derv project to attract social community investment with dummy ground channel oil, and Li Mou of person of accreditation the accused holds the position of general manager of branch of Shanghai of river bird grand, comprehensive and responsible government includes business group inside the company works, li Mou knows collection of branch of Shanghai of river bird grand collect money the paragraph basically is used at group of business of admeasure of cent of business deduct a percentage from a sum of money to mix return benefit to wait. Yu Mou of the accused person, Zhang Mou, Di Mou holds the position of finance affairs of branch of Shanghai of river bird grand through invite applications for a job, be in charge of signing contract, collection to the client invests a money and extend to the client with the client annual interest, yu Mou, Zhang Mou is responsible still will everyday of collection collect money the paragraph gives Li Mou or stock account of bank of Su Mou’s individual. The person such as Chen Mou of the accused person also is to passed invite applications for a job to hold the position of clerk of branch of Shanghai of river bird grand, pass in public send out data, make other mutual the means such as the introduction is publicized for the company, and the ground channel oil of branch of Shanghai of grand of bird of promise investment river changes biology derv project to be able to be obtained 22% serve as redound to the annual interest of 24% . During, the person of 6 the accused such as Su Mou still passes constituent part client to attend travel of “ farmhouse happy ” , visiting Yunnan oil of channel of alleged land of company of Jiang Diao grand changes the mobile proceed such as biology derv project to publicize, attract investment of more society community with this. #p#·ÖÒ³±êÌâ#e#

Came in March 2013 between October, the nominal collection that Su Mou reachs its Shanghai branch with company of river bird grand 480 more than person collects money the paragraph adds up to more than yuan 3100, cause a loss actually to add up to more than yuan 2900, afore-mentioned all fund raising the paragraph all was not used at so called investment project or other management activity. Among them, during Li Mou holds a post, the company raises funds to collect of 400 more than person gold more than yuan 3000, cause a loss actually more than yuan 2800; During Yu Mou holds a post, the company raises funds to collect of 80 more than person gold more than yuan 240, cause a loss actually more than yuan 180; During Zhang Mou holds a post, the company raises funds to collect of 380 more than person gold more than yuan 2600, cause a loss actually more than yuan 2400; During Di Mou holds a post, the company raises funds to 200 people collect gold more than yuan 1200, cause a loss actually more than yuan 1000; Chen Mou participates in a company to collect money to 8 people collect gold more than yuan 40, cause a loss actually more than yuan 30, and after Chen Mou leaves his post from branch of Shanghai of river bird grand, save branch of Shanghai of limited company of trade of in relief Xin Xiangtai to hold the position of a clerk to Shandong again, solicit social community investment with same way.

Court of some the 2nd intermediate people with collecting money on December 16, 2015 crime of fraud sentences life imprisonment of Su Mou of the accused person, privative politics right is lifelong, be in confiscate belongings RMB 500 thousand yuan; Sentence set term of imprisonment of Li Mou of the accused person 13 years, privative politics right 3 years, be in confiscate belongings RMB 400 thousand yuan; With absorbing the public illegally deposit blame sentences set term of imprisonment of Zhang Mou of the accused person, Di Mou, Yu Mou, Chen Mou 2 years to come 6 years respectively, punish golden RMB 30 thousand yuan reach 100 thousand yuan.

2, case is analytic

Su Mou of the accused person came 2011 between 2013, reach the name of its Wuhan branch, Shanghai branch with company of river bird grand early or late, take dummy investment project, forge proof file to wait for beguiling method, it is bait with annual interest of high specified number, to capital of social community collect, and the capital of company collect was not used actually at production to run an activity, cause collect money the paragraph cannot be returned still. What Su Mou uses property of other of bilk method diddle is subjective and intended with objective behavior, should with collecting money crime of fraud is maintained. Person Li Mou uses the accused to pretend to the injured party the beguiling method such as fund use shares fund of this company collect, li Mou knows perfectly well collection of branch of Shanghai of river bird grand collect money the paragraph basically is used at group of business of admeasure of cent of business deduct a percentage from a sum of money to mix return benefit to wait, did not use at production to run an activity, cause collect money the paragraph cannot be returned still, also should form collect money crime of fraud. #p#·ÖÒ³±êÌâ#e#
According to relevant provision, person of behavior of the part in collecting money illegally to commit a crime jointly has detinue objective, with collecting money to having the travel humanness of detinue purpose crime of fraud is punished, have detinue to be a purpose to cannot be being maintained, but accord with the travel humanness that absorbs blame of public deposit convict illegally to make important document, with absorbing the public illegally deposit blame is punished. Although Zhang Mou of the accused person, Di Mou, Yu Mou, Chen Mou is not clear to the specific utility of collect capital, cannot maintain 4 people to have the objective of detinue, but they are in collect money illegally what know grand Shanghai branch does not have Jiang Diao to fall to still enlist this company to the circumstance of aptitude of capital of social community collect the means such as the activity undertakes publicity conduct propaganda to not specific public, answer to be maintained with admitting public deposit guilt illegally to person of these 4 the accused.

3, relevant law provision

Collect money illegally criminal case basically is involved absorb the public illegally deposit blame and collect money crime of fraud two accusation. Admitting public deposit guilt illegally is to point to the regulation that violates national finance to manage legal laws and regulations, absorb the public illegally to deposit money to perhaps covert draw public deposit, the behavior of disturbed finance order. Collect money crime of fraud is to point to it is a purpose with detinue, use bilk method collects money illegally, the action with larger number.
Criminal law the 176th, committed a crime 192 times to undertake formulary with corresponding legal punishment to these two kinds. According to criminal law regulation, make what admit public deposit guilt illegally, be in 3 years of the following set term of imprisonments or arrest battle, be in or sheet is in 20 thousand yuan of above 200 thousand yuan of the following fine; Amount is huge perhaps have other and serious plot, be in 3 years of above 10 years the following set term of imprisonment, be in 50 thousand yuan of above 500 thousand yuan of the following fine. Make collect money crime of fraud, number is larger, be in 5 years of the following set term of imprisonments or arrest battle, be in 20 thousand yuan of above 200 thousand yuan of the following fine; Amount is huge perhaps have other and serious plot, be in 5 years of above 10 years the following set term of imprisonment, be in 50 thousand yuan of above 500 thousand yuan of the following fine; Amount is particularly huge perhaps have other and special serious plot, be in set term of imprisonment of 10 years of above or life imprisonment, be in 50 thousand yuan of above 500 thousand yuan of the following fine perhaps confiscate property.

(area banking does for draft)