The crime of contract fraud is a kind of fraud and a criminal offense expressly stipulated in the criminal law. There are strict legal standards for distinguishing crime from non-crime, which must be comprehensively analyzed based on the subjective and objective conditions of the criminal suspect.
According to the provisions of the Supreme People's Procuratorate and the Ministry of Public Security on the prosecution standards for economic crime cases, those who are suspected of one of the following circumstances during the signing and performance of a contract for the purpose of illegal possession shall be prosecuted: 1. If an individual defrauds public or private property, the amount is between 5,000 yuan and 20,000 yuan; 2. The person in charge and other directly responsible personnel who are directly responsible for the unit commit fraud in the name of the unit, and the proceeds from the fraud belong to the unit, and the amount is between 50,000 yuan and 20,000 yuan. Less than 10,000 yuan. Relevant legal knowledge: According to Articles 151 and 152 of the Criminal Law, using economic contracts to defraud others of property is a crime of fraud. If an economic contract is used to commit fraud, the amount of fraud should be determined based on the actual amount of fraud committed by the perpetrator, and the amount of the subject matter of the contract can be considered as a sentencing circumstance. If the perpetrator has any of the following circumstances, his behavior shall be deemed to be illegal possession for the purpose of using economic contracts to commit fraud: (1) Using the following deceptive means to sign a contract with others, knowing full well that he does not have the ability to perform the contract or effective guarantee, and fraudulently obtains A large amount of property, causing heavy losses: 1. Fictitious subject; 2. False use of another person's name; 3. Use of forged, altered or invalid certificates, letters of introduction, seals or other certification documents; 4. Concealing the true situation, using knowingly Notes or other settlement vouchers that cannot be cashed are used as guarantees for contract performance; 5. Concealing the true situation and using collateral, debt certificates, etc. Knowing that the guarantee conditions are not met and using it as a guarantee for the performance of the contract; 6. Using other deceptive means to make the other party pay money or goods. (2) After the contract is signed, abscond with the goods, payment for goods, advance payment, or deposit, security deposit and other property to guarantee the performance of the contract;
(3) Squandering the goods, payment for goods, advance payment, deposit, etc. delivered by the other party Deposits and other property used to guarantee the performance of the contract, resulting in the above-mentioned money and property being unable to be returned; (4) Using the goods, payment for goods, advances, deposits, security deposits and other property delivered by the other party to carry out illegal and criminal activities, resulting in the above-mentioned money and property being unable to be returned; (4) 5) Concealing the contract goods, payment for goods, advance payments, or deposits, security deposits and other property to guarantee the performance of the contract, and refusing to return them;
(6) After signing the contract, by paying part of the payment and starting to perform the contract After defrauding the entire payment, refusing to pay the remaining payment within the time limit stipulated in the contract or within the payment period otherwise agreed upon by both parties without justifiable reasons. Common contract frauds include: signing a contract with a fictitious unit or in the name of another person to defraud the other party of property; using forged, altered, invalid bills or other false property rights certificates as guarantees to trick the other party into signing a contract with them and defrauding the other party of property. (1) Common contract fraud Article 224 of the Criminal Law stipulates: 1. Making a fictitious unit or signing a contract in the name of another person to defraud the other party of property.
2. Use forged, altered, invalid bills or other false property rights certificates as guarantees to trick the other party into signing a contract, thereby defrauding the other party of property.
3. The act of luring the other party to continue signing and performing the contract by first performing a small amount contract or partially performing the contract without actual performance ability or expression of intention.
4. The act of running away after receiving the payment, advance payment or guaranteed property from the other party. 5. The act of defrauding the other party of property by other means. Other methods refer to behaviors other than the above four fraud methods that use contracts to defraud the other party’s property. There is no such thing as financial fraud. Then let me give you the definition of fraud: it refers to the act of defrauding a relatively large amount of public or private property by fabricating facts or concealing the truth for the purpose of illegal possession. It is generally believed that the basic structure of this crime is: the perpetrator commits fraud for the purpose of illegal possession → the victim has a wrong understanding → the victim disposes of property based on the wrong understanding → the perpetrator obtains property → the victim suffers property losses. You can determine whether it is a criminal offense by comparing the following behaviors. If not, it can only be handled as a civil dispute. What are the criteria for filing an economic fraud case? This needs to be measured. For economic fraud crimes, there are mainly the following standards for filing cases.
1. Object elements The object of the crime of economic fraud is the ownership of public and private property. Only when the ownership of public or private property is involved, it can be determined as a crime of economic fraud. When ownership is not involved, some criminal activities do not fall within this crime. scope of sin. As far as the object of crime is concerned, the object of crime is limited to national, collective or personal property. 2. In terms of objective elements, the ownership of property is illegally obtained through fraud. In terms of form, there are two main situations: fabricating facts and concealing the truth. Through these two situations, the perpetrator can make wrong behaviors. 3. Subject requirements: The subject of economic fraud crime is a general subject. Any natural person who has reached the legal age of criminal responsibility and has the ability to commit criminal responsibility can commit this crime. 4. The subjective element of the crime is intentionality, with the purpose of illegally possessing public and private property, so the subjective element is intentionality.