1. Is it fraud to defraud money for buying a car?

1. Being deceived into buying a car is an act of fraud, not fraud. The crime of contract fraud refers to the act of defrauding the other party of a relatively large amount of property by fabricating facts or concealing the truth during the process of signing and performing a contract for the purpose of illegal possession.

2. Legal basis: Article 266 of the "Criminal Law of the People's Republic of China"

For the crime of defrauding public or private property, if the amount is relatively large, he shall be sentenced to three years in prison The following fixed-term imprisonment, criminal detention or surveillance, and concurrently or solely with a fine; if the amount is huge or there are other serious circumstances, the sentence shall be not less than three years but not more than 10 years of fixed-term imprisonment, and a fine; if the amount is particularly huge or there are other particularly serious circumstances, the sentence shall be shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and shall also be fined or have property confiscated. If this law provides otherwise, the provisions shall prevail.

2. What are the constituent elements of the crime of fraud

1. Object elements: The object of the crime of fraud is the ownership of public and private property. It is limited to the property of the country, collective or individual, rather than defrauding other illegal benefits. Its objects should also exclude loans from financial institutions;

2. Objective elements: The crime of fraud is objectively manifested as using fraudulent methods to defraud large amounts of public and private property;

(1 ) The perpetrator committed a fraudulent act. Formally speaking, fraud includes two categories: one is fabricating facts, and the other is concealing the truth. In essence, both are behaviors that cause the victim to fall into a wrong understanding;

(2) Fraud makes the other party produce misconceptions. The misunderstanding of the other party is caused by the perpetrator's fraudulent behavior. Even if the other party makes certain errors in judgment, it does not prevent the establishment of the fraudulent act;

(3) The establishment of the crime of fraud requires that the victim falls into the misunderstanding. Dispose of property;

(4) After the victim disposes of property due to fraud, the perpetrator obtains the property, thereby causing damage to the victim's property. Only when the amount of defrauding public or private property is relatively large does it constitute a crime.

The crime of fraud is not limited to defrauding tangible objects, but also includes defrauding intangible objects and property interests. Anyone who uses deceptive means to defraud special value-added tax invoices or other invoices that can be used to defraud outbound tax refunds or tax deductions shall be guilty of fraud.

3. Subject requirements: The subject of the crime of fraud is a general subject. Any natural person who has reached the legal age of criminal responsibility and has the ability to commit criminal responsibility can commit the crime of fraud.

4. Subjective elements: The subjective aspect of the crime of fraud is direct intention and the purpose of illegally possessing public and private property.