The crime of fraud aims at illegal possession and obtains a large amount of fraudulent income by fictional facts or concealing the truth.
The crime of contract fraud is to fabricate facts or conceal the truth in the process of signing and performing contracts.
2, the occurrence time is different:
The intentional time of contract fraud can be the beginning of the actor's behavior, or it can occur in the process of other legal acts.
The crimes of ordinary fraud deliberately occur at the beginning of the act, and the critical point of the crime occurs before the implementation of fraudulent means such as fictional facts and concealing the truth.
3. Fraud means are different:
The difference between the objective form of the crime of contract fraud and ordinary fraudsters lies in whether the contract is used for fraud.
4. Different fraud subjects:
The subject of contract fraud includes both natural persons and units. The subject of ordinary fraud can only be a natural person. Not including the unit.
Extended data
Provisions on the amount of contract fraud
(1) The reference point of statutory benchmark punishment for fixed-term imprisonment of less than three years, criminal detention and single penalty.
Personal contract fraud, the amount is less than 5000 yuan, a single fine; Those who are more than 5,000 yuan but less than 654.38+0,000 yuan shall be detained; 1000 yuan, six months in prison; For every increase of 1200 yuan, the sentence will be increased by one month.
(2) The reference point of statutory benchmark punishment for fixed-term imprisonment of more than three years and less than ten years.
The amount of personal contract fraud is more than 30,000 yuan, and under any of the following circumstances, it shall be sentenced to fixed-term imprisonment of not more than three years. For every 2,000 yuan increase in the amount, the sentence will be increased by one month. If there are more than two situations, the sentence shall be aggravated as appropriate within six months:
1. The ringleader of a fraud group or the principal of a major fraud crime;
2. The recidivism or fugitive crime is seriously harmful;
3. defrauding legal persons, other organizations or individuals of the means of production urgently needed, which seriously affects production or causes other serious losses;
4, defrauding disaster relief, emergency rescue, flood control, preferential treatment, relief, medical funds and materials, resulting in serious consequences;
5, squandering fraudulent property, resulting in fraudulent property can not be returned;
6, the use of fraudulent property for illegal and criminal activities;
7. Having received criminal punishment for fraud;
8. Causing death, mental disorder or other serious consequences to the victim;
9, with other serious circumstances.
Personal contract fraud, the crime amount is more than 40,000 yuan but less than 200,000 yuan, the crime amount is 40,000 yuan, and the sentence is sentenced to three years in prison, and the sentence is increased by one month for every 2,000 yuan increase.
(3)/kloc-the reference point of statutory benchmark punishment for fixed-term imprisonment of more than 0/0 years
1, personal contract fraud, the amount of 654.38+10,000 yuan, and one of the above circumstances, 10 years in prison; For every increase of 6,543,800 yuan, the sentence will be increased by one month; In any case of increase, the sentence will be increased by six months;
2, personal contract fraud, the amount of more than 200 thousand yuan, the statutory benchmark punishment for fixed-term imprisonment 10 years; Every increase of 1. 60,000 yuan, and the sentence is increased by one month.
(four) the legal reference point of the person responsible for the unit crime.
1, unit contract fraud, the amount of more than 50,000 yuan but less than 80,000 yuan, the directly responsible person in charge and other directly responsible personnel shall be fined; Those who are more than 80,000 yuan but less than 654.38+10,000 yuan shall be sentenced to criminal detention; 654.38 million yuan, six months in prison; For every increase of 3,300 yuan, the sentence will be increased by one month;
2, unit contract fraud, the amount of more than 200 thousand yuan, the directly responsible person in charge and other directly responsible personnel legal benchmark punishment reference point for three years in prison; For every additional 2,000 yuan, the sentence will be increased by one month;
3, unit contract fraud, the amount of more than 2 million yuan, the directly responsible person in charge and other directly responsible personnel legal benchmark punishment reference point is fixed-term imprisonment 10 years; For every increase of 6,543,800 yuan, the sentence will be increased by one month.
References:
Xinhuanet-seminar on contract fraud crime and fraud identification
Baidu Encyclopedia-Contract Fraud