Love fraud is usually economic fraud. The purpose of establishing a love relationship between a fictional identity and a victim is to cheat the victim's trust and then cheat the victim's money. This kind of behavior goes against the true will of the victim, so it can't be used as a gift. If the amount of crime reaches the legal amount of criminal responsibility for fraud, the act should constitute fraud.
According to 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 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.
According to the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Fraud, those who swindle public or private property in an amount of more than 3,000 yuan to 10,000 yuan, more than 30,000 yuan to 100,000 yuan and more than 500,000 yuan are respectively deemed as "large amount", "huge amount" and "extremely huge amount" as stipulated in Article 266 of the Criminal Law.
Extended data
Related case
1, case
20 12 In May, Xiao Yang pretended to be Xiaojie, a college student, and met DOG through QQ chat. The latter two confirmed their love relationship. From May 20 12 to April 20 13, Xiao Yang repeatedly asked Mo Mo to remit a total of RMB 698 1 yuan to his bank account for false reasons such as buying basketball shoes and treating diseases, and then Xiao Yang squandered all the money.
In addition, on June 20 13, 1 year, Xiao Yang asked Mo Mo to use his ASUS laptop for Xiao Yang on the false grounds of preparing lessons. Xiao Yang's defender argued in the trial that the defendant Xiao Yang and Mo Mo were in a love relationship, and Mo Mo's remittance and delivery of laptop computers were gifts and did not constitute fraud.
Step 2 analyze
In this case, Xiao Yang made up his own name when he started to associate with Mo Mo, and also concealed his other real identities, which made Mo Mo's trust and affection for him based on a false identity. After the two established their love relationship, Xiao Yang lied that he was in urgent need of money for various false reasons.
And Xiao Yang's lies have gone beyond the category of lies fabricated by people in love in order to win each other's favor. DOG "gives away" money based on his love for Xiao Yang, and DOG's gift behavior is actually based on his false belief in Xiao Yang's lies.
Therefore, it can be presumed that such a gift is against the true will of the donor DOG, and DOG has been cheated by others. Therefore, the defender's defense opinion that Mo Mo's remittance to Xiao Yang is a gift cannot be established.
Based on the plot of this case, it can be concluded that the subjective purpose of Xiao Yang's crime is very clear, and the purpose of establishing a love relationship between his fictional identity and Mo Mo is to defraud Mo Mo's trust and then defraud Mo Mo's money. The amount of Xiao Yang's crime has reached the legal amount of criminal responsibility for fraud, so Xiao Yang's behavior should constitute fraud.