“爱钱进”投资理财吸储行为定罪问题探究

Research on the Criminalization of "Aiqianjin" Investment, Finance Deposit Absorbing Behavior

作为一种互联网投资理财产品,“爱钱进”具有起购资金低、流动性强、收益高等特点,尤其是采用“线下+线上”的混合运营和口碑营销模式,获得了良好的收益和大规模的投资基础。但不到五年,该产品便出现经营和法律上的多种风险。事实上,其“畸形化”的投资理财吸储行为,具有较大的社会危害性和严重的刑事违法性,涉嫌触犯非法吸收公众存款罪和集资诈骗罪。通过对“爱钱进”吸储行为的分析,明确非法占有目的的认定标准,充分理解非法吸收公众存款罪向集资诈骗罪转化的司法解释,可以将“爱钱进”投资理财吸储行为定性为集资诈骗罪。

As an Internet investment and wealth management product, "Aiqianjin" has the characteristics of low starting capital, strong liquidity and high income, especially the using the "offline+online" mixed operation and word-of-mouth marketing model, which has created good income and massive investment base.However, within five years of "Aiqianjin", there are various risks such as redemption risks, self-control risks,and ineffective supervision. The "deformed" behavior of investment, wealth managementand storage has greater social harm and serious criminal violations, and is suspected of committing the crime of illegally sucking in public deposits and fundraising fraud. Through the analysis of relevant judicial interpretations and the behavior of "Aiqianjin", then judge the criteria for the purpose of illegal possession, and expound the judicial determination of the crime of illegally sucking in public deposits into the crime of fundraising fraud.The behavior is characterized as the crime of fundraising fraud.