First of all, let's analyze the difference between fraud and private lending. Private lending refers to disputes arising from the borrower's failure to repay the loan on time when the borrower signs a loan agreement with the lender. Belonging to civil legal relationship, it should be adjusted by civil law and not bear criminal responsibility. The crime of fraud refers to the act of defrauding a large amount of public and private property with the purpose of illegal possession, using fictional facts or concealing the truth. The object of fraud is the ownership of public and private property, and the object of crime is all kinds of public and private property. By fabricating facts and concealing the truth, the subject of fraud makes the victim have the illusion and "voluntarily" hand over the property. How to write the defense of online fraud? A key factor to distinguish private lending disputes from fraud crimes lies in whether the money obtained from the act exists "for the purpose of illegal possession". The so-called "for the purpose of illegal possession" means that the actor intends to use illegal means to exercise the de facto right to possess, use, benefit or dispose of the property owned by others, thus infringing on the normal exercise of the ownership of specific property by others. To this end, we should understand it from the following aspects: first, look at the relationship between borrowers and lenders when lending. Generally, private lending relationships mostly occur between relatives and friends who know each other and communicate with each other, and lending relationships are based on mutual trust. Fraud often occurs shortly after the two sides know each other, and defrauds each other's trust by deception. The second is to look at the reasons for the loan relationship. In a normal lending relationship, the borrower does encounter difficulties and cannot solve them for a while before borrowing from others. Those who commit fraud in the name of borrowing often fabricate false and unspeakable facts, or take high interest and other interests as a temptation to defraud others of their sympathy or trust. The third is to see whether the borrower is willing to return it and why it cannot be returned on time. As a legitimate loan relationship, the borrower does not deny the loan relationship and says that he will try his best to return it. Even if it can't be returned on time, it is often because of objective difficulties that are not transferred by its will. Therefore, it has the purpose of illegally possessing other people's property and belongs to the act of committing fraud in the name of borrowing money. Secondly, the defendant Liu's loan does not meet the constitutive requirements of fraud. 1, the defendant Liu's behavior shows that he does not have the purpose of illegal possession. Illegal possession is usually considered as "borrowing" money without intending to repay it. People's subjective thoughts are expressed through objective behaviors. How to write the defense of online fraud? Most of the money borrowed from the defendant is not used for production and operation, but for paying the principal and high interest of the previous loan. The public prosecution agency found that the defendant Liu had the purpose of illegal possession. According to this fact, the defender reached the opposite conclusion: the defendant Liu did not have the purpose of illegal possession. The above facts can be summarized as "borrowing before returning" (generally speaking, it is "robbing Peter to pay Paul"). Obviously, the defendant Liu's objective performance is not not to pay back, but to borrow money to pay off debts. This behavior itself shows that the defendant Liu does not have the purpose of illegal possession. First, "repayment of pre-debt" means that the defendant Liu does not have the purpose of illegally possessing the pre-debt, otherwise, does he need to borrow money to pay off the debt? Secondly, the borrowed "post-debt" is used to repay the former debt, indicating that the purpose of "post-debt" is to pay off debts, rather than illegally possessing "post-debt". And registering a company and investing in the development of Dongmen plot are all related to management, so what is the purpose of illegal possession? The defendant Liu's loan was used to repay the principal and interest of the loan except for production and operation. Some of the loans have not been returned because all kinds of tablelands can't be returned objectively, but they can't be returned. They are "willing but unable" and are not in arrears. 2. Defendant Liu objectively did not carry out the act of "concealing facts and fabricating facts". According to the indictment, "the defendant knew that he was unable to repay, but still concealed the truth about the company's losses and debts and fabricated the fact that the company needed capital turnover." From the defendant's confession, it can be known that the defendant's borrowing from others will mean that the capital turnover is difficult, and his company has never fabricated how to make money. The company is really expanding its business and needs funds. The borrower has never asked about the operation of the defendant company. Criminal suspects usually ask professional lawyers to defend themselves, which not only protects their legitimate rights and interests, but also defends their criminal acts. I hope everyone can be vigilant and there will be no pie in the sky.