Chapter 822: Chapter 293: She Was Only 20 When They Got Married
Each session, hundreds of people attend the lectures.
Just the "tuition" amounts to hundreds of thousands.
And undoubtedly.
They also have a legal team to handle potential legal issues.
"Organizing and leading a pyramid scheme cannot be constituted, but the fraud charges..."
Qin Mu frowned, various laws flashed through his mind.
Like a scanner.
He compared all the familiar legal articles.
After comparing 452 criminal laws.
He quickly locked onto a more applicable legal action, which is fraud.
Criminal Law Article 210’s fraud is defined as, with the intention of illegal possession, using fabricated facts or concealing the truth to deceive and obtain a significant amount of public or private property.
Nie Yunxiao and his team’s actions constantly coax others to pay.
But...
According to the current lecture.
Nie Yunxiao is extremely cautious and hasn’t fabricated stories or concealed truths.
Thus, it doesn’t meet the essential criteria.
Vehicle replacement.
Though influenced by Nie Yunxiao, it can be recognized as a commercial promotional behavior.
He uses the guise of success to make people change cars, which is similarly not illegal.
It’s akin to a "buy one, get one" commercial promotion.
"I remember... Wan Zhongyuan said the old director’s wife was coaxed into investing..."
Qin Mu’s eyes flickered slightly.
Another point came to mind.
All investments fall under financial behavior.
If irregular, it could likely involve illegal fundraising.
With so many "chives" at hand, Nie Yunxiao will surely find ways to fleece them.
Merely accepting commercial advertisements...
Is not enough to satisfy them.
And investment...
Is without a doubt, a legitimate means.
These people eager for success have all dreamed of getting rich overnight through investment.
Investment is surely something they’re eager for.
Actually.
Illegal fundraising appeared once in the previous case of Meng Lei’s borrowing money.
When guiding Ma Ming’s lawsuit, he made use of this charge.
Meng Lei borrowed money from everywhere.
The scale of borrowing exceeded certain limits, constituting the crime of illegally absorbing public deposits.
The crime of illegally absorbing public deposits is merely a type of illegal fundraising.
Illegal fundraising refers to behaviors by companies, enterprises, individuals, or other organizations raising funds from the public or collectives without approval, in violation of laws and regulations, through improper channels. It’s the essence of the crime.
Illegal fundraising includes three types: false direct investment projects, false indirect investments, and using private "meetings" or "societies" to illegally absorb funds.
According to the Supreme Court’s explanation on applying laws to illegal fundraising crimes, regarding Nie Yunxiao’s educational organization.
The success courses he conducts...
Is a type of organization where people are misled to invest, thereby constituting this crime.
And the crime of illegal fundraising belongs to a category crime, not an individual crime.
It includes the crimes of illegally absorbing public deposits, fundraising fraud, fraudulent stock and bond issuance, and unauthorized stock, company, or enterprise bond issuance.
Like the crime of endangering public safety by dangerous methods, both are category crimes.
The crime of endangering public safety by dangerous methods includes explosion crimes, arson crimes, and pathogen transmission crimes.
And Nie Yunxiao is suspected of fundraising fraud.
Criminal Law Article 192 fundraising fraud is defined as, with the goal of illegal possession, using fraudulent methods to raise funds illegally in significant amounts.
And in the identification of this charge...
It’s not merely about fabricating facts or concealing the truth.
According to the Supreme Court’s judicial interpretation, any of the following circumstances shall be recognized as using fraudulent methods to raise funds illegally:
First, fleeing with the raised funds after fundraising;
Second, not using the funds according to the agreed purposes but instead squandering and misusing them, making the funds unrecoverable;
Third, using the funds for illegal or criminal activities, making the funds unrecoverable;
Fourth, promising investors a high return rate exceeding 50% of the highest floating interest rate of banks for the same period.
As long as these four situations exist.
Even without fabricating facts or concealing the truth, it constitutes fundraising fraud.
It’s different from the crime of illegally absorbing public deposits involved in Meng Lei’s wide-scale borrowing.
Even without fabricating facts or concealing the truth, it can constitute this crime.
An individual committing fundraising fraud with an amount over 100,000 yuan should be recognized as a "significant amount."
An amount over 300,000 yuan should be recognized as a "huge amount."
An amount over 1,000,000 yuan should be recognized as an "especially huge amount."
For an entity committing fundraising fraud, an amount over 500,000 yuan should be recognized as a "significant amount."
An amount over 1,500,000 yuan should be recognized as a "huge amount."
An amount over 5,000,000 yuan should be recognized as an "especially huge amount."
The Criminal Law simultaneously stipulates: the amount of fundraising fraud is calculated by the actual amount deceived by the perpetrator.
That is, whatever amount was cheated is the amount of fundraising.
During the investment period, advertising fees, intermediary fees, service charges, kickbacks, or bribe or gift expenses paid by the perpetrator for fundraising fraud activities are not deducted.
The guided investment amount by Nie Yunxiao and others surely exceeds the 5,000,000 yuan level.
Constituting an especially huge amount.
And in terms of sentencing.
A significant amount will result in imprisonment of more than three years but less than seven years, and a fine;
A huge amount or other severe circumstances will result in imprisonment of more than seven years or life imprisonment, and a fine or property confiscation.
If a unit commits the crime in the preceding paragraph, it will be fined, and the directly responsible competent personnel and other directly responsible personnel will be punished according to the preceding paragraph’s provisions.
Qin Mu’s thoughts became increasingly clear.
The situation that was initially untenable gradually began to clarify.
Organizing and leading a pyramid scheme cannot be constituted, but illegal fundraising is a breakthrough.
Just as he was considering how to proceed.
Wan Zhongyuan suddenly brought an old man to him.
"Director?"
Qin Mu looked at the elderly man with gray hair and a face full of worry, also somewhat surprised.
Having worked in the institution for several years.
It was only the second time he was seeing the mysterious director in person.
"Xiao Qin, isn’t it? Your reputation... I’ve been hearing it so much it’s echoing in my ears."
Upon meeting.
Xie An Country forced a smile, revealing a gentle expression.
Qin Mu didn’t put on any airs.
Exchanged a few pleasantries.
Then...
Xie An Country sighed heavily and got straight to the point: "Xiao Qin, I wanted to ask you about... if I get divorced now, the issue of property division."
Qin Mu was momentarily stunned.
Glanced at Xie An Country, unexpected to find the old director so decisive.
Not long ago.
Wan Zhongyuan had just told him the old director wanted him to help bring his wife back from the brink.
But now...
Suddenly it had become about divorce and property division.
Putting aside everything else.
Just having the courage to divorce is something not everyone can muster.
"There’s no other way, if I don’t get divorced... all my hard-earned assets will be squandered by this woman."
Xie An Country sighed again, utterly helpless.
"Regarding the divorce, I need to know when you got married."
Qin Mu thought for a moment and asked.
He had long finished reading the "Civil Code" and the "Marriage Law," "Property Law."
This question posed no difficulty for him.
"We... got married three years ago."
Xie An Country sat on the sofa, earnestly replying: "She had just turned twenty at the time."
Qin Mu’s mouth twitched: "..."
He now understood why Zhang Qingyuan and others always introduced him to underage girls for blind dates.
No doubt it was a tradition initiated by the old director here.
However...
From Xie An Country’s description, he could roughly deduce that the marital joint assets shared between him and Xie An Country weren’t substantial.
After a pause.
He looked at Xie An Country and analyzed: "To divorce, according to legal procedures, there are three property division options."
