Legal analysis
According to the contract, it may be necessary to bear the liability for breach of contract, but if it is purely for defrauding the leased property and is not actually used, it is likely to constitute the crime of contract fraud. Of course, before the lease expires, the rent is paid in full, and the unauthorized transfer is completed. The ownership of the financial lease belongs to the lessor, and it will be clearly stipulated in the financial lease contract. It is illegal to dispose of other people's property without authorization, and the law can bring a lawsuit and demand compensation. But whether it constitutes a crime depends on whether the circumstances are bad. From the time of the purpose of illegal possession, we can judge whether the defendant may constitute embezzlement or fraud. The subjective aspect of the crime of embezzlement is direct intention, that is, knowing that the property you own is legally owned by others, you have the obligation to return it to others, but you deliberately refuse to return it or refuse to hand it over. In the crime of embezzlement, it is necessary to legally occupy other people's property first, and then deliberately refuse to return it or hand it over. The purpose of illegal possession is after legal possession of other people's property. In the crime of fraud, the actor must realize and actively pursue the possibility that fraud may make the other party fall into a mistake, and dispose and deliver the property by himself to obtain possession of the property. In other words, the purpose of the actor's illegal possession arises before he obtains possession of other people's property.
legal ground
Article 270 of the Criminal Law of People's Republic of China (PRC), whoever illegally occupies other people's property for his custody and refuses to return it in a large amount shall be sentenced to fixed-term imprisonment of not more than two years, criminal detention or a fine; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than two years but not more than five years and shall also be fined. Whoever illegally takes forgetting things and buried objects of others for himself and refuses to hand them over in a large amount shall be punished in accordance with the provisions of the preceding paragraph. This crime can only be dealt with if it is spoken.