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How to measure the penalty for cash fraud of car loan
Legal analysis:

Sentencing of car loan cash fraud: it constitutes the crime of loan fraud, and is generally sentenced to fixed-term imprisonment of not more than five years or criminal detention, and a fine of not less than 20,000 yuan but not more than 200,000 yuan. The subject of this crime is a general subject, and any natural person who has reached the age of criminal responsibility and has criminal responsibility ability can constitute it, but the unit cannot become the subject of this crime. The object of this crime is the ownership of public and private property. Some criminal activities, 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. The crime of fraud requires the victim to dispose of property after falling into a wrong understanding, including disposition behavior and disposition consciousness. This requirement is to distinguish fraud from theft.

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

1. The constitutive elements of the crime of fraud are as follows:

1, the object of this crime is the ownership of public and private property.

2. The objective manifestation of this crime is to defraud a large number of public and private property by fraudulent methods (methods of fabricating facts or concealing the truth).

3. The subject of this crime is the general subject.

4. Subjectively, this crime is intentional.

Second, the characteristics of fraud:

1, the object of infringement is the ownership of public and private property, and the object of infringement is only the property of the state, the collective or the individual, rather than defrauding other illegal interests.

2. Objectively, it is manifested in the use of deception, that is, the deception of fabricating facts or concealing the truth, which makes the property owners and managers have the illusion and believe that they seem to "voluntarily" hand over the property. In fact, this "voluntariness" is caused by the deception of criminals, not from the true will of the victims.

3. Subjectively, it should be constituted by direct intention, with the purpose of illegal possession of public and private property. Deception for the purpose of short-term possession of public or private property is generally not suitable as a crime, if it is pursued closely, it will be returned, and if it cannot be pursued, it will be deferred.