March 2013, some armour plot beforehand carries a network leasehold platform collects money illegally, in order to repay his a lot of loan in estate market respect, established Shenzhen town for this limited company of some electron business affairs. Some second suffers invite held the position of this company legal representative, offerred its Id to deal with a company to register formalities and card of a piece of bank, this calories of investor be servinged as by some company turns the nominated bank account of the paragraph. Some second manages after this actually without what enlist this company.
Checked some second additionally to attend the practice ceremony of this company with the legal representative's identity, the ceremony that signs reimbursement agreement on behalf of this company and investor was held on the meeting.
After this company holds water, the network that creates in its releases what invest mark phonily on leasehold platform, publicize in order to make public means to the public, the interest that uses freeboard specified number attracts the injured party to turn to Zhang gets stuck to the bank of some second or pay platform to turn through tripartite through the bank Zhang goes to this company account.
The network of this company is leasehold 2014 platform begins to reject to return the capital that returns the injured party to had expired and interest. Classics audit, this case shares 1009 the injured party, experience record amount adds up to RMB 160 million multivariate. Case focus: Some second did not participate in a company to manage, it is nominal legal representative, to criminality not know the inside story, the effective control person of the company is some armour, so whether does some second assume criminal responsibility?
Trial result: The court thinks, show according to on record evidence, some second is this company industrial and commercial registered legal representative, the bank that its Id opens blocks those who regard some company as investor to turn Zhang gathering account. Although some second did not go to work to some company, but obtain a RMB every months 5000 yuan pay, later period raises a RMB 10000 yuan. Some second attended the practice ceremony of some company with the legal representative's identity, participated in the ceremony that signs reimbursement agreement with investor, ought to understand this company to be engaged in a net shifting business. In addition the mobile phone of some second is bound decided card of experience case bank, its are completely witting the invest a money in great quantities and is transferred by the person such as some armour instantly fact of investor of this company daily collection. And after September 2013 some second joined the QQ of this company group, understand this company clearly to be engaged in collecting money illegally further criminality, reason ought to be maintained collect money illegally in what already knew perfectly well some company right now at least for some second behavior and going up objectively give assistance. Because his help act effect is lesser, maintain lawfully for accessary criminal give from wide punishment.
Guangxi Sun Xiaomei of Dowson's attorney office's lawyer is analytic
Company legal representative is the regulation of according to law or company rules, represent the controller of company exercise powers and authorities of office. The legal representative should assume corresponding civil responsibility actually, violate the criminal duty that the administrative responsibility of administrative regulations and unit crime cause. Hold the position of a network the legal representative of leasehold company, general manager or nominal partner, want to assume corresponding legal risk, when the network leasehold platform is suspected of collecting money illegally when crime, unless can prove oneself were not participated in,be opposite criminality not know the inside story, will face the legal risk of the penalty that be sentenced otherwise.
Sun Xiaomei's lawyer is raised action
Once P2P platform has an accident, often touch crime, the mainest charge absorbs the public illegally namely deposit blame, collect money crime of fraud. To the crime of this type, the unit commits a crime to also the individual commits a crime. Wanting divisional dispute law to absorb the public to deposit money above all is unit crime or individual crime. Unit crime is the harm society that company, enterprise, institution, mechanism, organization carries out, ought to lose the behavior of criminal responsibility. The unit commits a crime, have special provision except law beyond, condemn fine to the unit, the director staff that is in charge of directly to its and personnel of other and direct responsibility sentence penalty. The company that the individual creates to undertake illegal guilty activity, enterprise, institution carries out crime, or after company, enterprise, institution is established, in order to carry out what crime is main activity, do not commit a crime with the unit punish. Embezzle unit name carries out crime, illegal earning divides by the individual illicit of executive crime, according to " criminal law " the regulation that commits a crime about the natural person convictions punishment.
Because P2P company also is the firm that uses worker worker in great quantities or the company of collectivize management, because this professional risk to employee also is big challenge.
No matter be P2P platform,senior administrator still is common all be suspected of crime likely from personnel of course of study, whether is crucial question being set at platform " capital pool " , platform whether client capital glom on to, and the position of the place is right this whether know the inside story. Tell wraparoundly, the senior administrator of platform is general very the management mode that it's hard to say understands pair of companies and capital come-and-go circumstance are complete not witting, professional risk is quite accordingly big. Next wired management sectional company, because the line issues operational operation mode to rely on oral conduct propaganda of the staff member commonly,hook in client, spot signs the deceit that is put on utterance normally in only course or becloud, include fund finally put canal and move to also rely on employee to undertake conduction. Once be suspected of,commit a crime accordingly, the controller of these branches is most with collective crime decide on sb's punishment. Only a few company uses form of the bag outside the technology, and even if is the bag outside the technology, be commissioned also just needs the ability of particular operation mode of witting platform to undertake corresponding technology is designed.
P2P net borrows platform more traditional banking serves more Pu Hui, convenient, make more masses true participate in financial domain, solve a problem for quick result of more medium and small businesses. But because credit system is not perfect, do not superintend reach the designated position, origanization construction blemish, jurisprudence wait for an element imperfectly, p2P net borrows platform to face risk of a lot of law, the road of the profession of P2P practitioner also is full of bramble. As P2P practitioner should more understanding is in the legal laws and regulations of the industry, check the business mode that is in platform company and flow, become good oneself fixed position, also want to understand those who be in a company to manage mode, avoid to make the accessory of the company, protect oneself better thereby.
Sun Xiaomei's lawyer is compensatory
To P2P platform general from personnel of course of study or average worker, won't involve commonly collect money illegally crime, because contact the core information that is less than a company, be in even a few employee that involve the job in the platform that collects money illegally also are a victim actually, a lot of platform ask employee invests the product of own company, perhaps drive through employee all round the form that relatives and friends invests will extend bonus, if E hires treasure. Return some platform to default employee wages, after company capital catenary ruptures, connect legal wage to cannot pay.
In addition, to a few especially big and typical case, the case is more complex. For instance on December 23, 2015, internet banking firm " greatly group " be reported by media because of be suspected of collecting money illegally 4 tall canals are detained, at the same time police was frozen greatly group account. On June 23, 2016, the first branch department releases Shanghai people procuratorate " the 20 people such as Mashenke, Chan Kun, 2 units draw public concomitant fund illegally, collect money bilk case hears announcement " , among them Mashenke is greatly group president, chan Kun is a group presiding apparitor. That is to say this case is established individual crime also involves an unit to commit a crime.
