Research On The Crime Of Fundraising Fraud In The Internet Environment

In recent years,with the rapid development of new Internet technologies,big data and cloud computing have become the high-frequency words we often hear.Along with the development of these technologies,innovative Internet finance using Internet platforms is also in full swing.The natural characteristic of Internet finance as an emerging thing is that people only know one of them,and little is known about it.This has given criminals the opportunity to use Internet financial supervision and loopholes in the development process to commit fund-raising fraud crimes,which has brought about extremely bad adverse social impacts.Therefore,this article analyzes the basic case of Lou Moumou’s use of the Internet platform to raise funds and commit crimes,and clarifies the related scientific issues in this case.In the handling of specific cases,the key to distinguish between the crime of fund-raising fraud and the crime of illegally absorbing public deposits is the identification of "illegal possession purpose".In the process of determination,the time when the party has "illegal possession purpose" should be considered comprehensively.Whether the parties have "illegal possession purposes" based on their behavior,property disposal and use,and the behavior of the actor after breach of contract.For the specific identification of unit crimes and natural person crimes and joint crimes in the fundraising fraud crimes in the Internet environment,this article analyzes and identifies the criminal methods of fundraising fraud by actors in the special environment of the Internet in combination with previous scientific research.In the process,the platform construction and maintenance of technical personnel who cannot play a substantial role are accurately distinguished from the perpetrators of fund-raising fraud crimes and reasonable convictions and penalties.Finally,this article analyzes the judicial determination of the selected cases in combination with previous literary studies.First of all,we study whether the parties involved in the crime of illegally absorbing public deposits or the crime of fundraising fraud.Comprehensively analyze the implementation of the parties’ fictitious business operations with the facts of the case to defraud investors’ funds for personal consumption,etc,so they have "illegal possession purposes" Secondly,analyze whether the case constitutes a unit crime,and analyze that the parties have established a company to strengthen the trust of investors,which is essentially a crime committed by a natural person;Finally,it analyzes whether the parties in this case constitute "accomplices" in joint crimes,and then finds that the parties do not play a secondary or auxiliary role,so they do not constitute accomplices.In the writing process of this article,the author uses case study method and literature research method.Through the analysis and academic research of cases related to fund-raising fraud crimes in the Internet environment,in order to provide solutions to the problems in the process of handling fund-raising fraud related cases in the context of the new network platform.