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Hello, I have been running a gym for 7 months. Due to personal financial problems, the gym is now closed. Is this considered a scam?

Fraud refers to the act of defrauding large amounts of public or private property by fabricating facts or concealing the truth for the purpose of illegal possession. If this girl repeatedly uses this method to defraud others of their property, you can report the case to the police.

But in your case, it is difficult to identify fraud, and it is too difficult to prove. Your behavior is usually considered to be a gift. The police will generally not file a case.

Extended information

Elements of the crime of fraud

1. Object requirements

The objects of the crime of fraud are limited to the state, collective or Personal property, rather than defrauding other illegal benefits. Its objects should also exclude loans from financial institutions. Because the criminal law has specifically stipulated the crime of loan fraud in Article 193.

2. Objective elements

First, the perpetrator committed fraud. Formally speaking, there are two types of fraud: one is fabricating facts, and the other is concealing the truth. In essence, both are behaviors that lead the victim to fall into a wrong understanding.

Secondly, fraudulent behavior causes the other party to have a wrong understanding. The other party's misunderstanding 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 behavior.

Again, establishing the crime of fraud requires the victim to make property disposition after falling into a misunderstanding. The disposal of property is expressed by directly delivering the property, or promising the perpetrator to obtain the property, or promising to transfer property interests. If the perpetrator commits a fraudulent act and causes others to give up their property, and the perpetrator picks up the property, he shall also be punished for the crime of fraud.

Finally, after the victim’s property is disposed of through fraud, the perpetrator obtains the property, thus causing damage to the victim’s property. According to Article 266 of the Criminal Law, only defrauding public or private property in a relatively large amount constitutes a crime. According to the latest judicial interpretation passed at the 49th meeting of the 11th Supervisory Committee of the Supreme People's Procuratorate on November 24, 2010, the amount of the crime of fraud is relatively large, starting from 3,000 yuan to more than 10,000 yuan.

3. Subject Requirements

The subject of this crime 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 this crime.

4. Subjective elements

The subjective aspect of this crime is direct intention and the purpose of illegally possessing public and private property.