The four characteristics of the crime of love fraud are: those who do whatever it takes to get benefits commit fraud in the name of love. These people don't really want to fall in love, but the ultimate goal is just for each other's money. Four characteristics of love fraud.
Four characteristics of the crime of love fraud 1 If there is fraud, deception or fraud in love, the four elements of the crime of love fraud must be met. First, the object of love fraud is the victim's personal property. Secondly, it is objective, which is manifested in using fraudulent means to defraud the other party of a large number of public and private property. Then the main elements. A fraudster must be a natural person who can bear criminal responsibility. Finally, it is subjective, which must be a subjective and intentional act, with love as the cover and illegal possession of money as the purpose.
The standard for filing a general crime of love fraud is that the value of public and private property is 3000 yuan. Love fraud is usually economic fraud, and the purpose of establishing a love relationship between fictional identity and the victim is to defraud the victim's trust and then defraud the victim's money. This kind of behavior goes against the true will of the victim, so it can't be used as a gift. If the amount of crime reaches the legal amount of criminal responsibility for fraud, the act should constitute fraud.
legal ground
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. Explanations of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Fraud Article 1 Whoever cheats public or private property in an amount of more than 3,000 yuan, more than 30,000 yuan, more than 100,000 yuan and more than 500,000 yuan shall be deemed as "a large amount" or "a particularly huge amount" as stipulated in Article 266 of the Criminal Law of People's Republic of China (PRC).
The higher people's courts and people's procuratorates of all provinces, autonomous regions and municipalities directly under the Central Government may, in combination with the economic and social development of the region, jointly study and determine the specific amount standards implemented in the region within the scope of the amount specified in the preceding paragraph, and report them to the Supreme People's Court and the Supreme People's Procuratorate for the record.
Four characteristics of the crime of love fraud: love is a beautiful and desirable thing, which makes two unrelated people close and trust each other the most, even more than friends and family. But the world is full of miracles, and it is precisely because of this that those who get benefits by hook or by crook commit fraud in the name of love. These people don't really want to fall in love, but the ultimate goal is just for each other's money.
Their common methods are as follows:
1, luring to buy high-end gifts. First, buy gifts for the victims (all low-grade goods with inflated prices, such as lovers' watches, which are priced at 3,000 yuan, but the actual value is only tens of yuan), so that the other party feels embarrassed and asks for a gift in return. Then, on the grounds of buying lovers' watches, high-grade purses and liking to import high-grade chocolates, the company sent the victim a link to its own online store to trick the victim into buying items for himself at a high price.
2. Borrow money from the victim in various ways, such as family illness, credit card overdraft, being fined by the traffic police, and problems in the company's operation.
3. Investment and financial fraud. If you feel that the other party doesn't want to spend money on yourself, try to let the other party invest in the investment and wealth management website opened by the company with high return as bait. In fact, the investment background is controlled by the company, and once the victim invests, he will lose everything.
Among them, the second type of loan fraud is more difficult to identify as fraud, so how to identify as fraud?
Legally speaking, it is an act of making the victim lend the money to the actor through private lending for the purpose of illegal possession, and making the actor obtain property by using the deception method of fictional facts or concealing the truth. For example, make up the fact that you are doing projects and doing business, so that lenders can believe that they have the ability to repay. After borrowing money, it is actually extravagant and unable to repay it.
This complicated situation, whether as private lending or fraud, is generally analyzed with reference to the constituent elements of fraud. As long as it is in line with fraudulent means, forged property, forged identity, and the actual use of funds for high-risk activities or extravagance and waste, even if a small part of the money is repaid later, it will not repay more money, and it cannot be easily characterized as an ordinary private lending dispute on the grounds of repayment.
The lawyer reminded: Love fraud, in the final analysis, still deceives people's feelings and takes advantage of one party's unswerving efforts or all the trust. If the other party puts forward financial problems such as investment plan, borrowing money to pay off debts, buying a house and car, and helping to pay alimony when you are caught in the emotional whirlpool of obsession, you should be vigilant and handle it carefully. Don't be carried away by love, stay awake in important aspects such as money, avoid empty money and people, be brave enough to call the police when encountering related fraud, communicate with lawyers in time, and take up legal weapons to protect yourself.
Four characteristics of the crime of love fraud 3. How to identify and deal with love fraud?
Marriage fraud is a form of fraud, and its constituent conditions can refer to the constituent conditions of the crime of fraud in the Criminal Law of People's Republic of China (PRC). The synthesis conditions are as follows:
1. Those who cheat on marriage must reach the legal age of marriage, with men at least 22 years old and women at least 20 years old;
2. The existence of criminal facts;
3. Deception, concealment, fiction and other methods are used to achieve the purpose of cheating marriage;
4. The object of infringement is to defraud the other party of certain interests by deception.
The constitutive conditions of the crime of fraud:
1, Object Elements: 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. So it does not constitute fraud. For example, abducting and selling women and children is a crime of violating personal rights. 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. Its goal should also exclude loans from financial institutions. Article 193 of the criminal law specifically stipulates the crime of loan fraud.
2. Objective elements: this crime is objectively manifested as using fraud to defraud a large number of public and private property.
3. Subject elements: the subject of this crime is a general subject, and any natural person who has reached the legal age of criminal responsibility and has the ability of criminal responsibility can constitute this crime.
4. Subjective elements: Subjectively, this crime is direct and intentional, with the purpose of illegally occupying public and private property.
Second, is the telecom fraud law effective?
Telecom fraud report is valid. If there is a transfer after the alarm, the alarm systems of all localities 1 10 and police stations are connected to the anti-fraud center, which can quickly handle the alarm.
There are many banks, third-party payment platforms and communication operators working in anti-fraud centers all over the country. After quickly verifying the information, they frozen the account involved and suspended payment. According to the police, if you call the police within half an hour after the fraudulent transfer, the success rate of stopping payment will be higher.
After encountering telecom fraud, you should call the police in time. After calling the police, if you transfer money to the swindler, the police system of the police station will carry out anti-tracking and quickly find the location of the suspect. The police will also coordinate with the bank to freeze the transfer account and suspend the money.