According to Article 266 of the Criminal Law of People's Republic of China (PRC), the crime of fraud refers to the act of fabricating facts or concealing the truth for the purpose of illegal possession, and defrauding a large amount of public or private property.
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.
According to the statement, A lent the car to B, and B took the car to get a loan. Everything such as driving license, green registration certificate and car purchase invoice was in the owner's hand, and the car was in A's name, so the third party had no right to detain the car.
Therefore, the loan company can sue B for fraud, and A can ask the company to return the car. The car is A's, the loan is not A's, the signature is not A's, and there is no notarization. The other party has no right to pledge A's car. ?
Extended data:
Sentencing standard of fraud:
1. Whoever commits this crime shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or only be fined;
2. 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;
3. 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 10 years or life imprisonment, and shall also be fined or confiscated.
References:
Baidu encyclopedia-fraud