Financial fraud employees don't know about blockchain

1. Financial companies are suspected of fraud. Department managers are not aware of it, but they have been working and have high performance. They are likely to be suspected of criminal acts. Generally speaking, they are convicted and punished according to the amount of fraud. If they are accomplices, they will be given a lighter punishment compared with the principal offender.

2. Those who do not know are innocent, and those who do so knowingly are suspected of joint crimes. If a crime is involved, there will be consequences of criminal responsibility (sentencing).

3. Fund raising fraud is generally a relatively large amount of money, and there are not only one or two criminal gangs, but also the use of fraud means to obtain funds. If the employees of fund-raising fraud do not know whether they will be sentenced. Xiaobian brought the content of "will employees be sentenced if they don't know about fund-raising fraud" through your question, hoping to help you< For the purpose of illegal possession, those who use fraud to raise funds illegally, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also be fined not less than 20000 yuan but not more than 200000 yuan; If the amount is huge or if there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years and shall also be fined not less than 50000 yuan but not more than 500000 yuan; If the amount is especially huge or if there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment and shall also be fined not less than 50000 yuan but not more than 500000 yuan or be sentenced to confiscation of property. To sum up, whether employees of illegal fund-raising companies will be sentenced depends on whether they participate in illegal fund-raising activities. If they participate in illegal fund-raising activities, they will be sentenced
the sentence of employees of illegal fund-raising company is calculated according to the actual amount cheated by the perpetrator, and the amount returned before the crime should be dected. The advertising fees, intermediary fees, handling fees, kickbacks paid by the actor for the purpose of fund-raising fraud, or the fees used for offering bribes, gifts, etc., shall not be dected. The interest paid by the actor for the purpose of fund-raising fraud shall be included in the amount of fraud, except that the principal can be converted into the principal if it is not returned
the crime of fraud of fund-raising refers to the behavior of illegal fund-raising with the purpose of illegal possession, violating the provisions of relevant financial laws and regulations, disturbing the normal financial order of the country, infringing the ownership of public and private property, and involving a large amount of money
in the crime of fund-raising fraud, "illegal possession" should be understood as "illegal ownership". From this concept, we can see that this crime is a crime of purpose, a crime of legality, a crime of amount and a crime of consequence. The subject of this crime is the general subject. Any natural person who reaches the age of criminal responsibility and has the ability of criminal responsibility can constitute this crime. According to Article 200 of this section, the unit can also become the subject of this crime. Under normal circumstances, the specific performance of this purpose is to transfer the ownership of the illegally raised funds to their own, or arbitrarily squander, or abscond with money after possession of funds
Article 30 [scope of criminal responsibility of units] if a company, enterprise, institution, organ or organization commits an act endangering society, which is defined as a unit crime by law, it shall bear criminal responsibility< Article 31 If a unit commits a crime, it shall be fined, and the person in charge and other persons who are directly responsible for the crime shall be punished. Where there are other provisions in the specific provisions of this Law and other laws, such provisions shall prevail
as for your question of "will employees be sentenced if they don't know about fund-raising fraud", whether employees of illegal fund-raising companies will be sentenced mainly depends on whether they participate in illegal fund-raising activities. If they participate in illegal fund-raising activities, they will be sentenced. The legal responsibility for fund-raising fraud is very important, usually several years in prison. You can consult your lawyer<
extended reading:
what is the difference between the crime of illegal fund-raising fraud and the crime of general fraud
What are the constituent elements of the crime of illegal fund-raising fraud
What are the main differences between the crime of illegal fund-raising fraud and the crime of illegal fund-raising

4.

Ignorance does not constitute a crime

The object of the crime of fraud is not to defraud other illegal interests. It should also exclude loans from financial institutions. This law has specially stipulated the crime of loan fraud in Article 193

Whether it is involved or not depends on whether the subject friend knowingly participates in the criminal act. If it is knowingly committed, it belongs to a joint crime, and the term of imprisonment should be increased or decreased according to the status and role of the criminals and the circumstances of the crime. If you are totally unaware of the crime, it does not constitute a crime

is informed or not has the final say of the chief friend, and the investigating organ is responsible for investigating and collecting evidence. If companies do this, they can not evade their responsibilities. The key is whether they know and participate

in the stage of case investigation, the public security organs will not disclose specific information

If the economic conditions permit, it is suggested to hire a lawyer to meet the subject friend in time, which is concive to grasp the first-hand information, and the premise is that the subject friend makes a true statement to the lawyer, which is concive to judge whether he is guilty at the first time

< H2 > extended information:

fraud makes the victim dispose of the property, and the perpetrator obtains the property, thus causing damage to the victim's property. According to Article 266 of the criminal law, it is a crime to defraud a large amount of public or private property. According to the latest judicial interpretation adopted at the 49th meeting of the 11th supervisory committee of the Supreme People's Procuratorate on November 24, 2010, the amount of fraud is relatively large, starting from 3000 yuan to 10000 yuan. Those who attempt to defraud, if the circumstances are serious, shall also be convicted and punished according to law

In addition, it should be noted that the crime of fraud is not limited to swindling tangible objects, but also includes swindling intangible objects and property interests. According to the relevant provisions of article 2l0 of the criminal law, it is a crime of fraud to defraud special VAT invoices or other invoices that can be used to defraud tax refund or tax dection

subject elements: the subject of this crime is a general subject, and any natural person who reaches the age of legal criminal responsibility and has the ability of criminal responsibility can constitute this crime

subjective elements: this crime is characterized by direct intention in the subjective aspect, and has the purpose of illegal possession of public and private property

< H2 > reference: Crime of fraud - Network

5.

If the company is suspected of criminal fraud, the employee does not need to bear criminal responsibility. According to the criminal law, there is no unit crime in the crime of fraud. Even if the company decides to commit fraud collectively, the criminal law can only investigate the criminal responsibility of the relevant responsible personnel

if the employee is a manager and is related to the fraud, it is likely to be suspected of fraud; If the employee is only a small staff member, does not participate in the management of premeditated fraud, and only carries out the orders of the superior, the employee will not constitute the crime of fraud, and will be acquitted soon

According to the criminal law of the people's Republic of China,

Article 266 whoever swindles public or private property, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also, or shall only, be fined; If the amount is huge or if there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined; If the amount is especially huge or if there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment and shall also be fined or have his property confiscated. Where there are other provisions in this law, such provisions shall prevail

extended information:

relevant regulations:

according to the provisions of the criminal law of the people's Republic of China:

Article 193 any of the following circumstances, for the purpose of illegal possession, defrauding a bank or other financial institution's loan, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, They shall also be fined not less than 20000 yuan but not more than 200000 yuan

If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years and shall also be fined not less than 50000 yuan but not more than 500000 yuan

(1) fabricating false reasons for introcing funds or projects; and

(2) using false economic contracts

(3) using false supporting documents

(4) using false property right certificate as guarantee or repeatedly guaranteeing beyond the value of the mortgaged property

(5) defrauding loans by other means

6. If it is true that this matter has nothing to do with your friends, it will be released after investigation

7. How did the public security judge you later? My boyfriend was in the same situation. He didn't know that the company broke the law. He was a salesman. Although he had high performance, he was paid a little Commission

8.

depends on whether the employee participates in the company's stock fraud. If the company's employees know that the company is engaged in fraud and participate in fraud, they should be punished according to the amount of fraud. If the amount of fraud fails to meet the standard for filing a case of fraud, the offender shall be punished in accordance with the provisions of Article 49 of the law on administrative penalties for public security

9.

If you do not know, you do not need to bear legal responsibility. If you are the person in charge and other persons directly responsible, you need to bear legal responsibility

According to the criminal law of the people's Republic of China, article 176 Whoever illegally absorbs public deposits or absorbs public deposits in disguised form, thus disturbing the financial order, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also, or shall only, be fined not less than 20000 yuan but not more than 200000 yuan; If the amount is huge or if there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined not less than 50000 yuan but not more than 500000 yuan

If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the persons who are directly in charge and other persons who are directly responsible for the crime shall be punished in accordance with the provisions of the preceding paragraph

any of the following circumstances can be identified as "illegal fund-raising":

(1) after fund-raising, it is not used for proction and business activities, or it is used for proction and business activities and the scale of fund-raising is obviously out of proportion, so that the fund-raising cannot be returned

(2) squandering the fund-raising funds so that the fund-raising funds cannot be returned

(3) escaping and hiding with the funds raised

(4) using the funds raised for illegal and criminal activities

(5) evading, transferring funds, hiding property or returning funds

(6) hiding or destroying accounts, or engaging in false bankruptcy or false bankruptcy to evade the return of funds

(7) refusing to account for the whereabouts of funds and evading the return of funds

(8) other circumstances in which the purpose of illegal possession can be identified

source of reference: Supreme People's Procuratorate criminal law of the people's Republic of China