Fighting on the law of "old -age money" will never be tolerated!丨 Small cases and the principles

Author:Shaanxi Provincial Higher Peop Time:2022.07.21

Sales health products

Can you get a high return on a regular basis?

Can I earn old -age money when I sit at home?

NO !!!!

There is no free lunch in the world

Today, "small case · big principle"

Take you approne for this case

See how the court is judged

Retrospective

"The elderly can earn old -age money sitting at home!" The illegal personnel took care of pension as a gimmick, with high returns as bait, and illegally absorbing public deposits. On May 20, 2022, the Hancheng People's Court made a first -instance judgment on an illegal absorption of public deposit cases, sentenced the defendant Li to one year and two months, and fined 50,000 yuan.

On March 15, 2017, the defendant Li Mou registered and operated the Korean city family portrait service center in the Korean city to sell health products as a cover, and regularly obtained high returns as bait to publicly publicize it to the society, attracting middle -aged and elderly groups to buy members with purchasing members. The form of the card is invested in "Shenyang Mom Le Trading Co., Ltd.". Li himself is responsible for the company's operations, propaganda, reserves and cashback. In October 2017, Li stopped returning to members. On April 7, 2021, Li was criminally detained by the Korean City Public Security Bureau for suspected illegal absorption of public deposits and was arrested on May 11 of the same year. After investigation, Li seduced many people to join members by receiving eggs for free, and illegally absorbed the amount of 37 elderly deposits in total of more than 1.18 million yuan. After deducting the rebate part, Li Mou gave funds to the involvement of more than 1.01 million yuan in economic losses.

Trial referee

According to the trial of the Hancheng People's Court, the defendant Li was violated with national financial management laws and regulations. Without the approval of the relevant departments, he borrowed the form of legal operations and publicized the public through the form of sending orders. Depression, disrupting the financial order, has constituted the crime of illegally absorbing public deposits stipulated in Article 176 of the Criminal Law of the People's Republic of China.

Because the defendant Li was frank, the first offender, the occasional criminal, and voluntarily pleaded guilty, the collegiate panel combined with the defendant Li's criminal facts, circumstances, harmful consequences, and confession regrets. The fines were fined 50,000 yuan; the defendant Li was ordered to return the financial loss of more than 1.01 million yuan to the fundraising participants.

Expert Reviews

Tan Yan, deputy dean and associate professor of the School of Criminal Law, Northwest University of Political Science and Law, believes that illegal absorption of public deposits is a violation of national financial management regulations, illegally absorb public deposits or disguised public deposits, and disrupts financial order. The defendant Li, the defendant in the case, was illegally absorbed to the society without the approval of the relevant departments, and it disrupted the financial order of unspecified personnel to the society. It has constituted the crime of illegally absorbing public deposits. In addition to this crime, everyone should be concerned that in recent years, there have been many crimes against the elderly, and it often causes major losses, which is closely related to the physiological and psychological characteristics of the elderly group. In order to prevent such crimes, in addition to improving the awareness of prevention of the elderly, family members should give the elderly more care and communication. At present, the country is carrying out special actions to combat pension fraud. The elderly for the elderly are no longer a family affairs or a state affairs. This requires the work of the whole society to protect the legitimate rights and interests of the elderly. The elderly are always raising, old -fashioned, old and happy, and old.

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