Because the anchor talks about emotional infidelity, brushing gifts for the purpose of illegal possession, defrauding a large number of public and private property by fictional facts or concealing the truth constitutes fraud.
The elements of fraud are as follows:
1, object element. The object of the crime of economic fraud is the ownership of public and private property. Only when the ownership of public and private property is involved can it be identified as the crime of economic fraud, while some criminal activities do not belong to the scope of this crime when ownership is not involved. As far as the object of crime is concerned, the object of crime is limited to the property of the state, the collective or the individual;
2. In terms of objective elements, the property ownership is illegally obtained by fraud, but in terms of form, there are two main situations: fabricating facts, concealing the truth, and making the actor make a wrong behavior through it;
3. Subject elements: the subject of the crime of economic fraud is a general subject, as long as it is a natural person who has reached the legal age of criminal responsibility and has the ability of criminal responsibility, it can constitute this crime;
4. Subjective elements are intentional in the subjective aspect of crime, aiming at illegal possession of public and private property, so they are intentional in the subjective elements.
The crime of fraud requires the victim to dispose of his property after falling into a wrong understanding. Property disposition includes disposition behavior and disposition intention, and this requirement is made to distinguish fraud from theft. Disposing of property is manifested as direct delivery of property, or commitment of the actor to obtain property, or commitment to transfer property interests. If the perpetrator commits fraud and makes others give up their property, and the perpetrator picks up the property, he should also be punished as fraud.
legal ground
Criminal law of the people's Republic of China
Article 266 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 shall 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.