1. The differences between civil fraud and criminal fraud are as follows:
(1) The purpose of their actions is different. Criminal fraud is to defraud other people's property by fictional facts for the purpose of illegal possession, while civil fraud is to exaggerate the facts in civil behavior to make the other party make a wrong statement in order to seek some benefits.
(2) They exist on different bases;
(3) The objects of infringement are different;
(4) The severity of the two is different.
2. Legal basis: Article 192 of the Criminal Law of People's Republic of China (PRC).
The crime of fund-raising fraud aims at illegal possession and uses fraud to illegally raise funds. If the amount is relatively large, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also 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 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.
Article 193
The crime of loan fraud is under any of the following circumstances. Whoever defrauds banks or other financial institutions for the purpose of illegal possession, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan; 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 not less than 50,000 yuan but not more than 500,000 yuan or confiscated property:
(a) fabricating false reasons such as introducing funds and projects;
(two) the use of false economic contracts;
(3) using false documents;
(four) the use of false proof of property rights as a guarantee or repeated guarantee beyond the value of collateral;
(5) obtaining loans by other means.
Second, what are the conditions that constitute the crime of fraud?
1, the object of infringement is the ownership of public and private property. Whoever defrauds public or private property by deception shall be convicted and punished in accordance with the provisions of the Criminal Law. Cheating other illegal interests other than property by deception does not constitute fraud;
2. Objectively speaking, it is a large amount of behavior to cheat public and private property by using fictional facts or concealing the truth. The most prominent feature of fraud is that the perpetrator tries to make the victim have a kind of cognitive illusions, making him "voluntarily" deliver all his property to the perpetrator or give up his ownership, or exempt the perpetrator from the obligation to return the property;
3. Everyone with criminal responsibility can be the subject;
4. Subjectively, it is intentional, with the purpose of illegal possession. If there is no purpose of illegal possession, such as defrauding others of long-overdue debts, it does not constitute fraud. Whether the cheated property is owned by oneself, owned by others or illegally possessed by the collective.