legal basis
the object of fraud is not to defraud other illegal interests. Its target should also exclude loans from financial institutions. Because this law has specifically stipulated the crime of loan fraud in Article 193.
It is generally believed that the basic structure of this crime is: the actor commits fraud for the purpose of illegal possession → the victim has a wrong understanding → the victim disposes of the property based on the wrong understanding → the actor obtains the property → the victim suffers property losses. Article 266 Whoever defrauds public or private property in a relatively large amount 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 there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 1 years or life imprisonment, and shall be fined or confiscated. Where there are other provisions in this Law, such provisions shall prevail [2].
article 21, paragraph 2, whoever fraudulently obtains special invoices for value-added tax or other invoices that can be used to defraud export tax rebates or offset taxes shall be convicted and punished in accordance with the provisions of article 266 of this law.
article 269 whoever commits the crime of theft, fraud or robbery and uses violence or threatens violence on the spot to conceal stolen goods, resist arrest or destroy criminal evidence shall be convicted and punished in accordance with the provisions of article 263 of this law.
article 3, paragraph 3, whoever organizes and uses religious sects or cult organizations or uses superstition to rape women or defraud property shall be convicted and punished in accordance with the provisions of articles 236 and 266 of this law respectively. Article 287 Whoever uses computers to commit financial fraud, theft, corruption, misappropriation of public funds, theft of state secrets or other crimes shall be convicted and punished in accordance with the relevant provisions of this Law. According to the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Fraud (which came into effect on April 8, 211), those who swindle public or private property with a value of 3, to 1, yuan or more, 3, to 1, yuan or more, and 5, yuan or more shall be deemed as "large amount" and "huge amount" and "extremely huge amount" as stipulated in Article 266 of the Criminal Law respectively.
whoever cheats public or private property to reach the above-mentioned amount standard can be severely punished as appropriate in accordance with the provisions of Article 266 of the Criminal Law:
(1) cheating an unspecified majority of people by sending short messages and making phone calls or publishing false information through the Internet, radio and television, newspapers and magazines;
(2) defrauding money and materials for disaster relief and emergency rescue, flood control, special care, poverty alleviation, immigration, relief and medical care;
(3) committing fraud in the name of collecting donations for disaster relief;
(4) defrauding the property of the disabled, the elderly or the disabled;
(5) Causing the victim to commit suicide, mental disorder or other serious consequences.
if the amount of fraud is close to the above-mentioned standards of "huge amount" and "extremely huge amount", and it falls under one of the circumstances specified in the preceding paragraph or belongs to the ringleader of a fraud group, it should be deemed as "other serious circumstances" and "other particularly serious circumstances" as specified in Article 266 of the Criminal Law respectively.