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论集资诈骗罪的司法认定问题——以吴某集资诈骗案为例.docx

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论集资诈骗罪的司法认定问题——以吴某集资诈骗案为例.docx

上传人:wz_198613 2018/5/22 文件大小:125 KB

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论集资诈骗罪的司法认定问题——以吴某集资诈骗案为例.docx

文档介绍

文档介绍:Abstract
The financial fraud is a market economy under the conditions of the contradiction between capital and product development is an important form of financial fraud. In recent years, as the country's financial system reform and opening up, the expanding range of investment, financial fraud and economic crime in recent years e high. By studying the basic structure of financial fraud and related laws and regulations, financial fraud against the theoretical 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 of financial fraud issues identified.
The first part is to introduce the basic the financial fraud case of Wu. This portion of the first section, the author describes the case of the cause of action - financial fraud. The second section describes the Wu since the 2005-2007 period, with Gregory as the lure, panies, investments, loans, cash flow and other pretext to Lin, Yang and other RMB 11,773,395,000 illegal fund-raising proceeds for the repayment of principal, payment of high interest rates to buy homes, cars and personal extravagance, the actual fund-raising fraud amounted to RMB 389,855,000, prosecution by the ans, people's court trial specific circumstances. The third section is based on the opinions of both the prosecution and defense trial summed up the differences of opinion. Public prosecutor that the defendant Wu illegal possession for the purpose of using a personal or corporate name, the use of high interest as bait, to register pany, investments, loans, cash flow, etc. in the name of fund-raising from people illegally reached RMB 389,855,000, their behavior has violated "Criminal Law" Article 192, one hundred y-nine requirements constitute financial fraud. Defendant Wu and his defenders prosecutor accused of crimes against the facts sought to defend its case victim to borrow the amount and the amount is not repaid without objec