Judicial Determination Of The Issue On The Financial Fraud

The financial fraud is a market economy under the conditions of the contradictionbetween capital and product development is an important form of financial fraud. In recentyears, as the country’s financial system reform and opening up, the expanding range ofinvestment, financial fraud and economic crime in recent years become high. By studying thebasic structure of financial fraud and related laws and regulations, financial fraud against thetheoretical and practical application of issues were discussed. Wu Jinhua, Zhejiang and fund-raising fraud as an example, case study demonstrates the manner and the related concept offinancial fraud issues identified.The first part is to introduce the basic the financial fraud case of Wu. This portion of thefirst section, the author describes the case of the cause of action-financial fraud. The secondsection describes the Wu since the2005-2007period, with Gregory as the lure, registeredcompanies, investments, loans, cash flow and other pretext to Lin, Yang and other RMB11,773,395,000illegal fund-raising proceeds for the repayment of principal, payment of highinterest rates to buy homes, cars and personal extravagance, the actual fund-raising fraudamounted to RMB389,855,000, prosecution by the procuratorial organs, people’s court trialspecific circumstances. The third section is based on the opinions of both the prosecution anddefense trial summed up the differences of opinion. Public prosecutor that the defendant Wuillegal possession for the purpose of using a personal or corporate name, the use of highinterest as bait, to register the company, investments, loans, cash flow, etc. in the name offund-raising from people illegally reached RMB389,855,000, their behavior has violated"Criminal Law" Article192, one hundred ninety-nine requirements constitute financial fraud.Defendant Wu and his defenders prosecutor accused of crimes against the facts sought todefend its case victim to borrow the amount and the amount is not repaid without objection,but it’s not illegal possession of subjective intent, borrowed money is used for the company’sbusiness activities, not for personal extravagance, that its conduct did not constitute a crime.The fourth section through the merits of the case are summarized differences, draw the focusof dispute in this case:(1) whether the Wu subjective purpose of illegal possession;(2) Wu whether the means implemented the illegal fund-raising fraud acts;(3) Wu would constitutefinancial fraud;(4) Wu constitute financial fraud, or other similar crimes.The second part is the body of financial fraud related legal analysis. In this section, theauthor analyzes the focus is more difficult in the judicial practice identified several problems.The first section is about the objective aspects of fund-raising fraud identified. In it, can bedivided into four levels, the first level focuses on what is fraud, fraud is what is the need topay attention to fraud identified what the problem is. The second level discussed the meaningof illegal fund-raising, illegal fund-raising methods and illegal fund-raising in Justice issuesthat need attention. The third level is identified in the amount of fund-raising fraud issues,raising into a huge amount of fraud, particularly huge amount of standard as well as how toidentify the amount of joint criminal conviction and sentencing issues has become animportant issue. The fourth level is the identification of the plot. The episode also containstwo elements, one is bad, the other is particularly bad, this need something judicial discretion,require certain standard framework judges’ discretion. The second section is about thesubjective aspects of fund-raising fraud. A two-level discussions. The first level is a deliberateform on this crime. Traditional theory holds that this crime constituted only by the directintention, but I also agree with the indirect intentional crime of intentional forms, and fromthe legal, practical and other aspects of foreign legislation demonstrates the indirectintentional rationality. The second level is the focus of this article. Illegal possession for thepurpose of this crime and not. At this level, the author discusses the implications of illegalpossession, and on this basis to discuss the illegal possession for the purpose of understanding.Illegal possession of a subjective state of mind, it is difficult to give as objective facts asdetermined directly, which showed that the illegal possession for the purpose of identificationrequired to comply with certain rules, the paper focuses on the illegal possession of a judicialdetermination. The third segment is from the behavior, behavioral intentions, behavior object,behavior and other aspects of the object distinguish the boundaries of the crime or crimes aswell as with other similar offenses boundaries.The third part is the analysis of the conclusions of this paper selected Wu fraud case. Wuin the knowledge that their debt situation, for personal purpose, still with high interesttemptation, conceal the financial situation in the way of illegal fund-raising, insolvent casesalso buy luxury goods spending, can be identified with the subjective purpose of illegalpossession, objective implementation of fraud, constitute fraud. The fourth part is the case study of enlightenment. The author believed that the case isnot the problem in the conviction, but the correctness in the death penalty sentencing question,which leads to the death penalty reservation reflection.