1. Borrowing money in the name of investment is not necessarily fraud. Specifically:
(1) As long as the perpetrator fabricates facts or conceals the truth for the purpose of illegal possession, it constitutes a crime of fraud;
(2) Illegal absorption of public funds in the name of investment and misappropriation of funds for existing or illegal activities will constitute the crime of fund-raising fraud.
2. Legal basis: Article 266 of the Criminal Law of People's Republic of China (PRC).
If the crime of fraud defrauds public or private property, and the amount is relatively large, it 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.
Second, what are the constitutive elements of the crime of fraud?
1, object elements, the object of fraud is the ownership of public and private property. The object of the crime of fraud is limited to the property of the state, the collective or the individual, and no other illegal interests may be defrauded. 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. So it does not constitute fraud. For example, abducting and selling women and children is a crime of violating personal rights;
2, objective elements, the crime of fraud is objectively manifested in the use of fraud, defrauding a large amount of public and private property;
3. Subject elements: the subject of the crime of fraud is a general subject, and any natural person who reaches the legal age of criminal responsibility and has criminal responsibility ability can constitute the crime of fraud;
4. Subjective elements: The crime of fraud is subjectively direct and intentional, with the purpose of illegally occupying public and private property. Under different criminal circumstances, the punishment for criminals of fraud is different, that is to say, the specific imprisonment time of criminals is different. The highest time is life imprisonment.