Yu qingquan lawyer
Practice for 22 years | Jilin Zhengsen Law Firm
Good at: criminal defense, economic disputes, creditor's rights and debts.
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Legal analysis: this situation is difficult to define as fraud. I wonder if the other party has written you an IOU or other IOUs. If it exists, it is not good to want to cheat. But if there is no IOU, the short-lived love will disappear, and there will be suspicion of intentional fraud. But in either case, you can get your money back through litigation.
Legal basis: People's Republic of China (PRC) Criminal Law.
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 solely be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years, and shall also 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.