Preface: The near future, many P2P platform have an accident, the family member of a lot of party refers relevant law question to the author in succession, among them a the commonnest problem is: Absorb illegally the public deposits money and collect money of bilk divisional. Understand this problem to help more readers, the author sends an article of before a few years again now.
In judicatory practice, absorb the public illegally deposit blame and collect money crime of fraud is easy and promiscuous, the behavior of the accused person makes that charge, make the central point of controversy of both sides dominating debate easily. How does the court distinguish absorb the public illegally deposit blame and collect money crime of fraud? Can find the solution from inside the two criminal judgment of Guangzhou town intermediate court of justice.
One, (2009) spic is Sino-French punishment 2 eventually word judgment of the 500th criminal
This case is 2 careful case. Court of district of the Milky way of first trial court thinks the accused person is formed admit public deposit guilt illegally, after first instance is adjudged, procuratorate of area of the Milky way mentions counterappeal, think the accused person is formed collect money crime of fraud, guangzhou city kept the court decision of court of district of the Milky way after intermediate court cognizance. In judgment, guangzhou town intermediate court of justice points out:
"Collect money crime of fraud and the main distinction that admit public deposit guilt illegally depend on: Criminality method is different, behavior person used dummy fact only, conceal the method such as the truth, ability is formed collect money crime of fraud; Law of and rather than absorbs public deposit blame not to make important document as crime with this; In addition, guilty goal is different also, the guilty purpose that admits public deposit guilt illegally is a purpose the means that deposits money through absorbing the public undertakes seeking profits, in subjective go up not to have the objective that has the public deposit that draws illegally directly, collect money the capital that the guilty purpose of crime of fraud is detinue place collect. Collect money the capital that the guilty purpose of crime of fraud is detinue place collect..
The judgment of this case, proved the accused person to form in detail admit public deposit guilt illegally and do not form collect money the reason of crime of fraud: What confirm without evidence the accused person has the fund of detinue collect is intended, because this keeps the court decision of first trial court.
2, (2009) spic is Sino-French Xing Erchu word judgment of the 8th criminal
This case is first instance case. Unit of the accused of accusation of Guangzhou city procuratorate and the accused person are formed collect money crime of fraud, debate square dispute says its behavior is not formed collect money crime of fraud, form only admit public deposit guilt illegally, guangzhou town intermediate court of justice thinks to form collect money crime of fraud.
In judgment, what the court discussed the accused unit and the accused person to have detinue is subjective and intended, think unit of the accused person and the accused average per capita are formed so collect money crime of fraud.
From Guangzhou town intermediate court of justice two afore-mentioned report are OK and preliminary get verdict, is intended, the behavior that is person of divisional the accused is formed admit public deposit guilt illegally or collect money the key of crime of fraud. This viewpoint is in those who apply since January 4, 2011 " top people court collects money illegally about cognizance criminal case is particular applied law the explanation of a certain number of problems " also have reflect.
The 3rd provision that this judicatory explains, it is a purpose with detinue, use bilk method carries out this to explain what the 2nd regulation lists action, with collecting money crime of fraud convictions punishment. This explanation sets the action of a row the 2nd times, absorb the public illegally to deposit money to perhaps covert just about the common shape that draws public deposit.
The place on put together is narrated, absorb the public illegally deposit blame and collect money of crime of fraud divisional, it is the method that saw the accused person whether use bilk, whether to use dummy fact namely, conceal the method such as the truth; The 2 purposes that are the fund that sees the accused person whether have detinue place raise.
