The crime of contract fraud in Article 224 of the Criminal Law: the crime of organizing and leading pyramid selling activities, which has one of the following circumstances. For the purpose of illegal possession, in the process of signing and performing a contract, if the amount is relatively large, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also or 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:
(1) Signing a contract in the name of a fictitious unit or others;
(2) Mortgaging with forged, altered or invalid bills or other false property rights certificates;
(three) to perform a small contract or part of the contract first, to deceive the other party to continue to sign and perform the contract, and to have no actual performance ability;
(4) After receiving the payment for goods, advance payment or secured property paid by the other party;
(5) defrauding the other party's property by other means.
The behavior of "selling more than one room" constitutes the crime of contract fraud, which should be in line with the basic composition of the crime of fraud, that is, the actor commits deception-the other party (the deceived person) has a wrong understanding-the other party disposes of the property based on the wrong understanding-the actor or the third party disposes of the property-and the victim suffers property damage.
Therefore, in order to determine that the behavior of "selling more than one room" constitutes a crime, three conditions must be met at the same time: the seller has the subjective purpose of illegally occupying the purchase price, and the buyer has misunderstanding; The seller actually got the payment.
A the seller is not the actual owner of the house and signs a contract with others to collect the purchase price;
B. The seller forges the house ownership certificate, signs a contract with others, and collects the purchase price;
C the seller has actually sold the house to others and signed a contract with others to collect the purchase price;
D. After signing a contract with others, the seller fails to perform the obligation of house delivery and transfer, escapes and refuses to refund the purchase price;
E the seller repeatedly mortgages or sells the house to obtain a loan or purchase money knowing that he has no repayment ability.
Extended data:
Case: The owner forged the real estate license, and the man who sold one room and two rooms was investigated for contract fraud.
At the end of 20 14, Hefei citizen He Moumou bought a second-hand house for 565,000 yuan. However, when He Moumou went to handle the transfer, he found that the real estate license provided by the original owner Yang Moumou was forged. So, Mr. He filed a lawsuit with the court, only to learn that Yang was suspected of contract fraud and had been put on file for investigation by the police. Because of the criminal case, the court rejected He's prosecution.
On February 25th, 20 14, He Moumou and Yang Moumou signed a stock house sales contract. After paying off the house price of 565,000 yuan, He Moumou went to handle the house transfer in June 5438+1October 65438+April this year, only to find that the house title certificate presented by Yang Moumou was forged and he could not handle the transfer. In a rage, he filed a lawsuit in Yaohai District Court, requesting the court to order Yang to transfer the house to his own name and pay 20,000 yuan in legal fees.
The Yaohai District Court found that Yang not only sold the house to He Moumou, but also sold the house to Yang Moumou, who was suspected of contract fraud. In June this year, Hefei police filed a case against Yang. Therefore, the court held that the case did not fall within the scope of the court's civil litigation and ruled that He Moumou's prosecution was rejected.
He Moumou filed an appeal. A few days ago, Hefei Intermediate People's Court made a final ruling and rejected its appeal. ?
People's Daily Online-The owner forged the real estate license, and the man who sold one room and two rooms was investigated for alleged contract fraud.