False promises, if they do not cause losses to the parties, generally do not constitute a crime; However, if a large amount of money is defrauded of the property of the party concerned, it constitutes a crime. Using false promises to defraud public and private property worth more than 3000 yuan can constitute fraud.
First, how to stipulate the huge amount of fraudulent public and private property?
Cheating public or private property worth more than 30,000 yuan10,000 yuan is a huge amount. Fraud of public or private property worth more than 3,000 yuan to 10,000 yuan is a relatively large amount; Fraud of public or private property worth more than 30,000 yuan to100,000 yuan is a huge amount; The value of defrauding public and private property is more than 500,000 yuan, and the amount is extremely huge.
The elements of fraud are as follows:
1, object elements, the object of fraud is the ownership of public and private property;
2, objective elements, the crime of fraud is objectively manifested in the use of fraud, defrauding a large amount of public and private property;
3. The main elements, the subject of fraud is the general subject;
4. Subjective elements, the crime of fraud is intentional in subjective aspects.
Second, is it a fraud to accept money and not do things?
Whether accepting money and not doing things is fraud needs to be analyzed according to the specific situation:
1. Whoever fabricates facts or conceals the truth and does not refund money is guilty of fraud;
2. If there is no fictional fact or the truth is concealed, it is a civil dispute and does not constitute a crime.
Fraud refers to the act of defrauding a large amount of public or private property by fabricating facts or concealing the truth for the purpose of illegal possession. The constitutive elements of fraud are as follows:
1, object elements, the object of this crime is the ownership of public and private property. Some criminal activities, although they also use some deception and even pursue some illegal economic interests, are not or are not limited to the ownership of public and private property. Therefore, it does not constitute a crime of fraud;
2. objective factors. Objectively, this crime is manifested in the use of fraud to defraud a large number of public and private property;
3. Subject elements: the subject of this crime is a general subject, and any natural person who has reached the legal age of criminal responsibility and has the ability of criminal responsibility can constitute this crime;
4. Subjective factors. Subjectively, this crime is direct and intentional, with the purpose of illegal possession of public and private property.
Three, emotional fraud constitutes a crime.
There is no provision on emotional fraud in law, and there is no emotional fraud in criminal law. If the perpetrator defrauds the victim's property through emotional fraud, which constitutes a crime, he can be investigated for criminal responsibility according to the general crime of fraud. The standard for filing the crime of fraud is that the value of public and private property is more than 3,000 yuan to10,000 yuan, which is considered as "a large amount" as stipulated in Article 266 of the Criminal Law. If this standard is met, the public security organ will file a case.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis:
Article 266 of the Criminal Law of People's Republic of China (PRC)
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 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.