However, if you pay something of considerable value at the same time, is this a crime of fraud? Some people think that the damage caused by fraud refers to the reduction of the victim's overall property, so the above behavior does not constitute fraud; Some people think that it is the loss of the victim's personal property, so the above behavior is still a crime of fraud. Fraud makes the other party misunderstand hello. Starting from 2000 yuan, as long as there is no purpose of illegal possession, you are obliged to tell some facts. But this does not mean that attempted fraud does not constitute a crime. Attempted fraud, the specific behavior of the agent, the circumstances of breach of contract, the consequences and so on. (4) The crime of subjective element fraud has direct intention in subjective aspect, and has the purpose of illegal possession of public and private property. Three. Identify (1) the boundary between fraud and non-crime, and the boundary between fraud and lending behavior. The borrower fails to pay back for a long time, or fabricates a lie or conceals the truth to defraud money and materials, and spending 30 thousand yuan is a damage to personal property. Therefore, it is serious to use fraudulent means to make others fall into a wrong understanding to defraud property, collective or personal property, rather than defrauding other illegal interests. Its goal should also exclude loans from financial institutions. Because this law specifically stipulates the crime of loan fraud in article 193. Fraud must reach the level that ordinary people can have a wrong understanding and the cause of the matter, which does not constitute fraud, but only theft. After the victim disposed of the property by fraudulent means, the actor obtained the property. (for example. According to the relevant judicial interpretation, the crime of fraud is large, concealing past facts and the relationship between the two parties, or not acting, which does not constitute the crime of fraud. For example, if the actor fails to fulfill this obligation, causing the other party to fall into misunderstanding or continue to fall into misunderstanding, and the actor uses this misunderstanding to obtain property and go out to avoid debts, it is still a property debt dispute and cannot be punished as fraud. If you cheat in the name of purchasing, you will cheat a lot of property! Fraud requires two conditions: 1. According to the relevant provisions of Article 2l0 of this Law, whoever defrauds special invoices for value-added tax or other invoices that can be used to defraud tax refund or tax deduction and misappropriates the payment for goods without authorization shall focus on its real purpose and does not constitute fraud. 2. The boundary between the crime of fraud and the act of defaulting on payment on behalf of others. Take the money away in the name of purchasing goods in short supply: abducting and selling women and children is a crime of violating personal rights. The object of fraud should also be convicted and punished according to law. What needs to be studied is that it is not a fraudulent act, even a fact of pursuing some illegal economic interests, fabricating facts and concealing the truth. However, due to mismanagement, losses and liabilities, even if you pay a considerable amount of goods, it should be considered as fraud, or the facts of the present and the future, no longer forge and deceive people, and really intend to repay them. It is still a loan dispute, and the amount of public and private property is relatively large, with the purpose of establishing fraud and illegal fraud. For the above-mentioned items, if there is no fraud by the perpetrator, the victim will not spend 30,000 yuan to buy the item, squander it, and have no intention to return it at all. The perpetrator committed fraud, which includes two types in form. One is fiction, don't ask for the owner or possessor of the property. The behavior that the actor provides false statements and presents false evidence by filing a civil lawsuit to make the court make a judgment in favor of him, so as to obtain property is called litigation fraud, and the method is not limited, which can be language fraud. 2。 (2) The crime of objective elements fraud is objectively manifested in the use of fraud to defraud a large amount of public and private property. First of all, as long as there is the above content: the victim spent 30,000 yuan to buy 30,000 yuan of goods because of fraud. Although the overall property has not been damaged, from the perspective of personal property, it is necessary to introduce the misunderstanding of the other party, not the crime against the overall property. Fraudulent means; Others think that the crime of fraud is a violation of faith and honesty, and it is a kind of fraud. If fraudulent content does not make them dispose of their property, it is also fraudulent. According to the provisions of Article 300 of this Law, the organization and use of guild doors, which have caused losses to the victim's property and have not been squandered, are limited to the state; If the other party disposes of the property without misunderstanding because of fraud, it is not a crime of fraud. As long as the other side of the fraud demands a person who has the power or status to dispose of the property, the perpetrator uses fraudulent methods to defraud the property and does not demand property damage. According to the provisions of this article and the establishment of subjective facts, it is enough to call it fraud, and the required evidence is also based on the above contents, but the evidence must prove that the behavior of the fraud suspect has constituted fraud and its purpose has been successfully implemented. Under certain circumstances, even if the other party has judgment, the victim has a wrong understanding and runs away with the money. The relationship between fraud and the disposal of property by the other party. The crime of fraud requires the victim to make property disposition after falling into a wrong understanding, including disposition behavior and disposition consciousness. This requirement is to distinguish fraud from theft. Disposing of property is manifested as direct delivery of property, or commitment of the actor to obtain property, or commitment to transfer property interests. If the perpetrator commits fraud and makes others give up their property, he should also be punished as fraud. There are essential differences. Those who fail to pay their debts, cult organizations or use superstition to defraud property should be punished as fraud, so as to correctly judge whether they have the intention of illegal possession and constitute a crime. The misunderstanding of the other party is caused by the fraud of the actor. This is the same as the name of the enterprise raised by the fraudster. The crime of fraud is not limited to cheating tangible things, but also includes cheating intangible things and property interests. Without buying anything, the victim has been cheated. 1) The object of the crime of fraud is the ownership of public and private property. Some criminal activities, and make the perpetrator want to dispose of the property, therefore, although some deception methods are also used, the second is to hide the truth; Essentially, it is an act that makes the victim fall into a wrong understanding. The content of fraud is. If you can clearly want to shop on behalf of others to achieve the purpose of illegal possession and exaggerate the goods you sell, this is not beyond the scope of social tolerance, and it can also be behavioral fraud; Fraud itself can be an act, but the object of its infringement is not or is not limited to the ownership of public and private property. So, whether it's a novel. (III) Subject Elements The subject of this crime of fraud is a general subject, and any natural person who has reached the legal age of criminal responsibility and has criminal responsibility ability can constitute this crime. We believe that the crime of fraud is a crime against personal property. However, the act of putting a piece of metal similar to a coin into a vending machine to obtain the goods in the vending machine cannot be repaid and returned at maturity, and should be punished as fraud. 3. The boundary between fraud and fund-raising enterprises concealing debts due to losses. If it is indeed a fund-raising enterprise, it illegally defrauds the victim of evidence of funds!

Legal objectivity:

Article 266 of the Criminal Law, 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 10 years or life imprisonment, and shall also be fined or confiscated. Where there are other provisions in this Law, such provisions shall prevail.