Illegal fund-raising cases have emerged in large numbers in the criminal justice field in recent years. Can the acts involved in the cases constitute the crime of illegally absorbing public deposits? Whether it constitutes the crime of fraud, fund-raising fraud or illegal absorption of public deposits? is the main point of contention in practice.

Due to the large number of people involved in this type of case, the amount involved is huge, the fund-raising people are highly concerned about the case, the case cycle is long, the judicial organs are often faced with greater pressure to handle the case, so how to carry out an effective defense in this type of case, for the parties to fight for the “qualitatively accurate, the crime and responsibility in line with the crime, the penalty for the crime,” the best results, for the lawyers is a challenge! Recently, Mr. Weng Xiaoping's team represented the client in this type of case.

Recently, Weng Xiaoping's team of lawyers represented a case involving double charges of fraud and illegal absorption of public deposits, and after nearly two years of defense work, the court ultimately found that the charge of fraud was not established. The client's sentence was reduced to four and a half years from the sentencing recommendation of the prosecutor's office of pleading guilty and accepting a penalty of twelve years at the stage of examination and prosecution, realizing an effective defense.

The case in the commission, the Procuratorate has been fraud and non-subscription two crimes to the court referred to the prosecution, the parties firmly do not recognize that they have committed fraud, and the indictment does not have any mitigating and extenuating circumstances. Is it relatively easy to choose to plead guilty to leniency? Or stick to the position of doing the difficult defense of innocence? After meeting with the client, a detailed understanding of the case and the evidence, the defense lawyer decisively chose to fight with the client, the main firepower focused on the crime of fraud to do the defense of innocence.

The main facts of this case involving fraud is that, in the process of illegal fund-raising, fund-raisers to the parties to the two sums of money, due to the company involved in the case has not been able to pay interest, the parties to the other channels “to eat interest”. After research and analysis, the team will be the fund-raiser for the transfer of the act of knowledge, whether the parties have intentionally conceal the behavior, the evidence in the case can prove the subjective purpose of the illegal possession of property, as the main direction of the defense of this case.

In response to the above issues, the defense team played the “evidence card”, analyzed in detail the bank flows of dozens of people involved in the case, combined with the WeChat chatting records and the prosecution's audit report, the parties involved in the transfer of funds when the risk of controlling the use of funds, the actual use of funds in a timely manner to pay attention to and ask questions in the case of the funds users can not After the capital repayment and interest payment, the person himself paid the interest and principal and other facts, on the basis of a comprehensive restoration of the case process, put forward the evidence in the case is sufficient to prove that the person concerned does not have the subjective purpose of illegally occupying other people's property defense point of view.

In the end, after full preparation of the trial defense, the court adopted the lawyer's opinion, that the person is not guilty of fraud. Afterwards, the client and his family expressed their high recognition of the service process of the lawyer team by presenting a silk banner and other ways.

The family of the client to the defense team of lawyers presented “professional dedication, exquisite law, dedication and responsibility, not to be entrusted” silk banner