1. Multiple choice questions

1. Regarding the discussion of fraud crime, which of the following options is correct (regardless of the amount)? (2017/2/14)

A. Colluding with bank staff and using forged bank deposit certificates to defraud huge bank deposits can only constitute the crime of bill fraud, not financial certificate fraud

B. The unit uses illegal If someone defrauds a bank loan for the purpose of possession, the unit cannot be held criminally responsible for the crime of loan fraud, but the planner can be held criminally liable

C. Purchase accident insurance, create the illusion of being seriously injured in an accident, and defraud If an insurance company pays a huge amount of insurance money, it only constitutes the crime of insurance fraud, not contract fraud

D. There was no illegal possession purpose when signing the contract, and the illegal possession purpose came into being during the performance of the contract, and then the victim's payment was accepted. If you escape and hide, it does not constitute the crime of contract fraud

Reference answers

1. The crime of bill fraud; the crime of financial certificate fraud; the crime of loan fraud; the crime of insurance fraud; the crime of contract fraud

Answer B. Analysis: The first paragraph of Article 194 of the Criminal Law stipulates the crime of bill fraud, and the second paragraph stipulates the crime of financial certificate fraud. The difference between the two crimes is that in the crime of bill fraud, the perpetrator uses money orders, cashier's checks, and checks; while in the crime of financial voucher fraud, the perpetrator uses entrusted collection vouchers, remittance vouchers, bank deposit certificates and other bank settlement vouchers. . If the perpetrator in Item A uses forged bank deposit certificates to defraud huge bank deposits, it should constitute the crime of financial certificate fraud, not bill fraud. Item A is wrong and is not selected.

Although the crime of loan fraud stipulated in Article 193 of the "Criminal Law" can only be committed by natural persons, the National People's Congress Standing Committee's "Interpretation of Article 30 of the Criminal Law" stipulates that? Companies, If enterprises, institutions, agencies, groups and other units carry out acts that are harmful to society as stipulated in the criminal law, and if the criminal law and other laws do not provide for the criminal liability of the unit, the person who organized, planned and implemented the harmful acts shall be held criminally responsible in accordance with the law. That is, if a unit commits loan fraud, it cannot be held criminally liable for the crime of loan fraud, but the person responsible for organizing, planning, and implementing the loan fraud can be held criminally liable for the crime of loan fraud. Choice B is correct and elected.

Purchasing accident insurance from an insurance company can only be done by signing an insurance contract. If an actor creates the illusion that he has been seriously injured in an accident, and then uses an insurance contract to defraud the insurance company of the insurance money, he commits the crime of insurance fraud and the crime of contract fraud at the same time, and is a combined crime of insurance fraud and contract fraud. Item C is wrong and cannot be selected.

Article 224 of the "Criminal Law" stipulates that: Under any of the following circumstances, for the purpose of illegal possession, during the process of signing and performing a contract, the other party's property is defrauded, and the amount is relatively large, The person shall be punished, in addition to: (1) signing a contract with a fictitious unit or in the name of another person; (2) using forged, altered, invalidated bills or other false property rights certificates as security; (3) failing to actually perform ability to first perform a small-amount contract or partially perform a contract to induce the other party to continue signing and performing the contract; (4) accepting goods, payments, advances or guaranteed property from the other party and then escaping; (5) using Using other methods to defraud the other party of property? This provision does not require that the purpose of illegal possession must occur when the contract is signed. If the purpose of illegal possession arises during the performance of the contract after signing the contract, accepting the victim's payment and escaping, and defrauding the other party of property, it will also constitute the crime of contract fraud. Item D is wrong and cannot be selected.