According to the provisions of China's criminal law, there is no crime of fraud in criminal law, and cheating is one of the manifestations of fraud. There is no essential difference between the two. For the purpose of illegal possession, cheating a large amount of property constitutes a crime of fraud.
The conditions for the crime of fraud are as follows:
1. The object of the crime of fraud is public and private property, not other illegal interests. In a word, the purpose of fraud is to cheat money. However, we should know that some crimes also require fraud, such as abducting and selling women and children and defrauding bank loans, which does not belong to the crime of fraud in the criminal law. These crimes have corresponding charges in criminal law, such as loan fraud.
2. The crime of fraud has objectively implemented fraud and defrauded a large number of public and private property. Fraud is usually manifested in two forms, one is to fabricate facts, the other is to conceal the truth, both of which are aimed at making victims fall into wrong understanding and make wrong property disposal. For example, Zhang San lied that there was a batch of wood for sale, and through a series of deception, Li Si believed and paid the "payment for goods", so it can be considered that Zhang San committed fraud and had the criminal fact of fraud.
3. The subject of the crime of fraud is the general subject, and any natural person who reaches the legal age of criminal responsibility and has criminal responsibility ability can constitute the crime of fraud. Generally speaking, as long as a normal person is over 16 years old, it can constitute the crime of fraud.
4, the perpetrator is intentional fraud, and it is for the purpose of illegal possession, otherwise it should not be considered as fraud.
The crime of contract fraud refers to the act of defrauding the other party's property by fabricating facts or concealing the truth for the purpose of illegal possession in the process of signing and performing the contract. Difference from civil fraud:
(1) The subjective purpose is different. Civil fraud is a fraudulent act aimed at operating business and creating performance ability, which induces the other party to fall into misunderstanding and conclude a contract with it. It does not have the purpose of illegal possession of public and private property, but only hopes to obtain certain economic benefits from the other party through fraud, and the crime of contract fraud is to achieve the purpose of illegal possession of public and private property in the name of signing economic contracts.
(2) The contents and means of fraud are different. Civil fraud has a civil content, that is, the fraudster obtains certain economic benefits through economic labor such as commodity exchange, completing work or providing services. The crime of contract fraud is not prepared to perform the contract at all, or has no actual ability or guarantee to perform the contract at all. Civil fraud in contracts generally does not need to pretend to be an identity, but mainly focuses on the terms or contents of the contract, such as concealing the defective contract subject matter or making false descriptions and introductions to the quality of the contract subject matter; The perpetrator of the crime of contract fraud always tries his best to pretend to be a legal identity, in order to achieve the purpose of using the contract to defraud property, such as using a pseudonym, identity certificate, power of attorney, etc. Cheat the trust of the deceived party.
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.
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 shall only, 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 three years but not more than ten years and shall also be fined; 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.