In objective behavior, the method of fabricating facts and concealing the truth is adopted to defraud the victim's trust. After the actor obtained the property by deception, he used it for personal extravagance. In order to cover up the fraud and gain the trust of the victim, the actor sometimes spends a small sum of money on the victim, but the money is still controlled and dominated by the actor himself.
Judging from the ownership of the cheated property, the cheated property is the pre-marital property of one party or the property of other people related to the victim, and does not belong to the property of both parties after the marriage relationship is established. After the crime, referring to the victim's attitude, the judicial organ can consider whether it is necessary to prosecute the crime, so as to achieve the unity of legal effect and social effect.
Extended data:
The crime of marriage fraud is an act of defrauding others of a large amount of property by fictional facts or concealing the truth, which constitutes a crime. The subject of the crime of fraud is the general subject, and any natural person who has reached the age of criminal responsibility and has the ability of criminal responsibility constitutes the subject of this crime.
Judging from the provisions of the criminal law itself, marriage does not have the necessary conditions for the crime of fraud. In other words, as both parties in the marriage relationship, they are not excluded as the subject of criminal responsibility for fraud. The provisions on the subject of crime in China's criminal law include the age of criminal responsibility, criminal responsibility ability and special subject identity, such as the provisions on the subject of crime in duty crimes and so on. In the crime of fraud, there is no legal basis to limit the subject of fraud.
People's Daily Online-Gaoyou: "Marriage Fraud" Behind a Family Dispute