How to identify fraud
1, the boundary between this crime and non-crime.
(1) The boundary between fraud and lending. For some reason, if the borrower fails to pay back for a long time, or fabricates a lie or conceals the truth to defraud the money and materials, and cannot repay them at maturity, as long as there is no purpose of illegal possession, no profligacy, no breach of contract, no fraud or deception, and there is a real intention to repay them, it still belongs to a loan dispute and does not constitute a crime of fraud.
(2) The boundary between the crime of fraud and the act of defaulting on payment for goods on behalf of others.
(3) The boundary between the crime of fraud and the debt evasion of fund-raising enterprises due to losses.
2. The boundary between this crime and the crime of swindling.
3. The boundary between this crime and other fraud crimes stipulated in this Law. The remaining chapters of this law respectively stipulate crimes such as fund-raising fraud, loan fraud, financial bill fraud, letter of credit fraud, credit card fraud, securities fraud, insurance fraud and contract fraud. These fraud crimes are the same as this crime in subjective and objective aspects, but they are different in subject, criminal means, subject elements and objects, which are easy to distinguish. Therefore, this article stipulates that "if there are other provisions in this law, those provisions shall prevail."
The crime of state fraud is linked to the economy, so when sentencing and punishing such crimes, it needs to be judged according to the amount involved. For example, the amount of fraud reached 2 million, which is a very huge situation, and the punishment must be very deep.
Legal basis:
Criminal law of the people's Republic of China
Article 72 Applicable Conditions A criminal sentenced to criminal detention or fixed-term imprisonment of not more than three years may be suspended if he meets the following conditions. Among them, people under 18 years old, pregnant women and people over 75 years old should suspend:
(a) the circumstances of the crime are relatively minor;
(2) showing repentance;
(3) There is no danger of committing a crime again;
(four) the announcement of probation has no significant adverse effects on the community where he lives.
Probation can be announced according to the circumstances of the crime, and criminals are prohibited from engaging in specific activities, entering specific areas, places and contacting specific personnel during the probation period of probation.
If a suspended criminal is sentenced to an additional punishment, the additional punishment shall still be executed.
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 10 years or life imprisonment, and shall also be fined or confiscated. Where there are other provisions in this Law, such provisions shall prevail.
Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases of Fraud
Article 3 Although swindling public or private property meets the standard of "large amount" as stipulated in Article 1 of this Interpretation, if the perpetrator pleads guilty or repents, he may not be prosecuted or be exempted from criminal punishment according to the provisions of Article 37 of the Criminal Law and Article 142 of the Criminal Procedure Law:
Having a statutory lenient punishment;
(2) Before the verdict is pronounced in the first instance, all the stolen money and compensation money have been returned;
(three) did not participate in the distribution of stolen goods or less stolen goods and not the principal;
(4) the victim understands;
(5) Other circumstances are minor and harmless.