Gan Yubing And Other Fund-raising Fraud Case Study

There are many controversies in the case of illegal fund-raising in terms of the crime,the identification of the subject of the crime,and the joint crime.First,whether the perpetrator has the purpose of illegal possession.Based on the legal provisions of the purpose of illegal possession and the method of theoretical identification,the fundraiser’s behavior of “borrowing the old money by borrowing”,the use of high-end products,and the fact that the fund-raising funds cannot be returned can not be determined as illegal possession purposes.On the basis of objective facts,comprehensive consideration shall be given to the use of the borrower’s borrowings and the state of property.Secondly,whether the behavior of the perpetrator can be regarded as a unit crime should be based on the four requirements of having the unit’s subject qualification,reflecting the unit’s overall will,seeking illegal interests for the unit to commit a crime,and illegal interests belonging to the unit.First of all,it is judged formally whether the unit has the subject qualification,that is,whether the unit has the ability to bear criminal responsibility.If the unit lacks the criminal responsibility ability,it can only be held responsible.Then judge in turn whether the criminal activities carried out reflect the unit’s overall will,seek illegal interests for the unit,whether the obtained illegal benefits belong to the unit,and whether the unit’s overall will is the core of judgment to distinguish it from the crime of natural persons.Third,whether other participating perpetrators constitute joint crimes.According to the relevant theories and regulations of joint crimes,the analysis is carried out in accordance with the principle of subjective and objective agreement.Understand each person’s position in it,and identify the different positions in online lending: direct participation,financial personnel,and related support personnel who solicit investors for fund-raising activities.What is the role of these people,and whether It plays a major role,as well as a comprehensive consideration of subjective aspects,and each participant bears his own responsibility for the common criminal outcome.