If it is a refund in arrears, is it a fraud?
1, depends. Suspected fraud and malicious arrears of refund can be reported to the police in time, and the police will help recover. According to Article 266 of the Criminal Law, the crime of fraud refers to the act of defrauding a large amount of public or private property by fabricating facts or concealing the truth for the purpose of illegal possession.
2. Those who defraud public or private property in an amount of more than 3,000 yuan to 10,000 yuan, more than 30,000 yuan to 100,000 yuan, and more than 500,000 yuan are respectively deemed as "a large amount", "a huge amount" and "a particularly huge amount" as stipulated in Article 266 of the Criminal Law.
3. According to the relevant laws and regulations of our country, signing a contract with the other party for the purpose of illegal possession of property by providing false certificates and false identity certificates constitutes contract fraud, and the amount of contract fraud reaches a large extent, which constitutes a crime.
What are the constitutive elements of fraud?
(A) the object elements
The object of infringement 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.
(b) objective factors
Objectively, it is manifested in the use of fraud to defraud a large number of public and private property.
(3) Main elements
The subject 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 factors
Subjectively, it is 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.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Criminal Procedure Law
Article 16 In any of the following circumstances, criminal responsibility shall not be investigated, and if it has been investigated, the case shall be dismissed, or prosecution shall not be initiated, or the trial shall be terminated, or the case shall be declared innocent:
(a) if the circumstances are obviously minor and the harm is not great, it is not considered a crime;
(two) the crime has passed the limitation period;
(3) Being exempted from punishment by an amnesty order;
(4) Failing to tell or withdrawing a crime that should be dealt with only after being told according to the Criminal Law;
(5) The criminal suspect or defendant dies;
(six) other laws and regulations shall be exempted from criminal responsibility.