It's generally not fraud if you don't pay back the money.
Borrowing money is only a civil dispute over creditor's rights and debts, and has not yet involved criminal issues. But in any of the following circumstances, it can be considered as fraud:
1. Subjectively, the actor has the intention of illegal possession, that is, when borrowing money, the actor has the intention of not returning it. The crime of fraud takes the illegal possession of the actor as the subjective element. Therefore, the liar's "borrowing money" is only a fictional cover, and subjectively there is no intention of returning it.
2. The perpetrator often gains the trust of the victim by fabricating facts and concealing them. When borrowing money, fraudsters always fabricate facts and conceal the truth, which leads the victims to have a wrong understanding, such as fabricating some loans for investment or profit-making activities, or fabricating their own financial situation, so that the victims mistakenly think that they have the ability to return.
3. The fraudsters' attitude towards loans is profligacy, and they don't consider returning property, so they have no worries and constraints on the use of property, which directly leads to the loss of property, such as using loans for gambling, drug abuse or personal profligacy.
What evidence do you need to provide if you don't pay back the money?
As the saying goes, the purpose of litigation is evidence. The premise of all lawsuits is that there is enough evidence to prove the objective facts you advocate and form a complete chain of evidence, thus persuading the judge to support our request.
In order to better improve the success rate of private lending cases, we need to prepare the following evidence:
(1) Evidence to prove the legal relationship of lending: creditor's rights certificates such as IOUs, receipts and IOUs, and other evidence that can prove the existence of the legal relationship of lending.
(2) Evidence to prove that the two parties have reached a loan agreement: telephone recordings, short messages, videos and other evidence, including but not limited to the loan amount, loan term, interest agreement, repayment method, etc.
(3) Evidence of fulfilling the obligation of loan delivery: bank transfer, electronic remittance, WeChat transfer, Alipay transfer records, etc. If you pay in cash, you need evidence such as receipts.
(4) Other evidence related to the loan: such as the agreed guarantor, mortgage, pledge and other evidence related to the guarantee.
Whether borrowing money and not paying it back constitutes fraud needs further analysis and cannot be generalized. 1. Borrow money from others in the name of life pressure, and use it all for gambling. If the loan cannot be repaid at maturity, it should be considered as fraud, and you can call the police directly, but you can't sue for fraud. 2. If there is no subjective purpose of illegal possession, even if deception is used objectively, but the loan cannot be repaid for a while due to objective reasons other than its will, it should be a civil loan dispute and the crime of fraud is not established.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Article 266 of the Criminal Law of People's Republic of China (PRC) defrauds public or private property, and if the amount is relatively large, it shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance; 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; 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. Article 192 Whoever illegally raises funds by fraudulent means for the purpose of illegal possession shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; if the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than seven years or life imprisonment and shall also be fined or confiscated. If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph.