Determination of fraud;

1, object element

The object of this crime is the ownership of public and private property. Some illegal acts, although they also use some deception and even pursue some illegal economic interests, are not or are not limited to the ownership of public and private property. So it does not constitute fraud. For example, abducting and selling women and children is a crime of violating personal rights.

The object of the crime of fraud is limited to the property of the state, the collective or the individual, and no other illegal interests may be defrauded. Its object should also exclude loans from financial institutions. Because the crime of loan fraud has special provisions.

2. Objective factors

Objectively speaking, this crime is manifested in defrauding a large number of public and private property by means of fraud (by fabricating facts or concealing the truth).

First, the perpetrator committed fraud. Formally speaking, fraud includes two kinds, one is to fabricate facts, the other is to conceal the truth, both of which are essentially behaviors that make victims fall into wrong understanding. The content of fraud is to make the victim have a wrong understanding and make the property disposal that the perpetrator wants under certain circumstances. Therefore, whether it is fiction or concealment of past facts, or present facts and future facts, as long as it has the above contents, it is a kind of fraud. If the fraudulent content does not make them dispose of their property, it is not fraudulent fraud. Fraud must reach the point where ordinary people can have a wrong understanding and exaggerate the goods they sell. If it is not beyond the tolerance of society, it is not fraud. There are no restrictions on the means and methods of fraud, which can be either verbal fraud or behavioral fraud (fraud itself can be either an act or an omission, that is, there is an obligation to inform a certain fact, but the failure to fulfill this obligation makes the other party fall into a wrong understanding or continue to fall into a wrong understanding), and it is also fraud for the actor to use this wrong understanding to obtain property.

To sum up, according to the relevant regulations, using fake real estate licenses as collateral for mortgage debts belongs to fraud, and criminal responsibility is generally investigated according to the crime of loan fraud.

Legal basis:

Article 266 of the Criminal Law of People's Republic of China (PRC)

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.