The crime of fraud refers to the act of defrauding a relatively large amount of public or private property by fabricating facts or concealing the truth for the purpose of illegal possession. The basic structure of this crime is: the perpetrator commits fraud for the purpose of illegal possession → the victim has a wrong understanding → the victim disposes of property based on the wrong understanding → the perpetrator obtains property → the victim suffers property losses.
The "Interpretation 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" (implemented on April 8, 2011) stipulates that the amount of defrauding public and private property is more than 3,000 yuan and 10,000 yuan. If the amount exceeds RMB 30,000, RMB 100,000 or RMB 500,000, it shall be deemed as “large amount” or “huge amount”
Extended data:
The accused The default in payment involves contract fraud: In August 2007, the Guangzhou Municipal Procuratorate filed a public prosecution accusing Luo Jianxin of contract fraud.
The procuratorial organ believes that during the transaction process with South China Company and Machinery Company, Zhongchang Company and Luo Jianxin defrauded the properties of the two companies by partially performing the contract, and then destroyed them by changing the company name, filing for bankruptcy, etc. account books, concealing the whereabouts of goods, evading the return of payment, and being suspected of contract fraud.
Since 1992, Zhongchang Company has had business dealings with South China Company and Machinery Company respectively. The two companies provided light bulbs, ceiling fans, electric irons, electric fans, batteries and other goods to Zhongchang Company, and Zhongchang Company paid the price for the goods to the two companies. Later, due to the backlog of goods and insufficient capital turnover of Zhongchang Company, Zhongchang Company owed more than 20 million yuan in payment to the above two companies.
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