Legal Analysis
The crime of fraud refers to the act of defrauding large amounts of public or private property by fabricating facts or concealing the truth for the purpose of illegal possession. The borrower defaults on arrears for a long time for some reason, or makes up lies or conceals the truth to defraud money, and cannot repay when it is due. As long as there is no purpose of illegal possession, no squandering, no more deception, and a genuine intention to repay; there are also some people who write IOUs Later, he forged the repayment voucher and falsely claimed that the loan had been repaid. This was still a loan dispute and did not constitute fraud. The purpose of illegal possession is an important criterion for distinguishing fraud crimes from non-crimes. When determining the crime of fraud, we cannot simply think that using high-interest loans as bait is fraud. In real life, we often encounter situations where we cannot repay on time. Although the perpetrator is subjectively at fault, there is no purpose of illegal possession, so it cannot be considered this crime. Only those behaviors that use deceptive means to obtain loans for the purpose of illegal possession constitute the crime of fraud. First, the perpetrator committed fraud. Formally speaking, there are two types of fraud, one is fabricating facts and the other is concealing the truth. Both are essentially behaviors that lead the victim to fall into a wrong understanding. The content of fraud is to cause the victim to have a wrong understanding and make the property disposition that the perpetrator wants under specific circumstances. Therefore, whether it is fiction or concealment of past facts, or present facts and future facts, as long as it has the above content, it is a kind of fraud. If the fraudulent content does not cause them to dispose of their property, it is not a fraudulent act.
Legal basis
Article 224 of the "Criminal Law of the People's Republic of China" commits any of the following acts. Whoever defrauds the other party of property during the signing and performance of a contract for the purpose of illegal possession, and the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or solely be fined; if the amount is huge or there are other serious circumstances, he shall be sentenced to Those who commit crimes 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 particularly huge or there are other particularly serious circumstances, they shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and shall also be fined or their property shall be confiscated: (1) Fictitious units or falsely using the name of another person Signing a contract in the name of the other party; (2) Using forged, altered, invalid bills or other false property rights certificates for mortgage; (3) Performing a small-amount contract or partially performing the contract first, deceiving the other party to continue signing and performing the contract without actually performing it ability; (4) after receiving the payment, advance payment or guaranteed property from the other party; (5) defrauding the other party of property by other means. Article 224-1 Organizations and leaders, in the name of selling goods, providing services and other business activities, require participants to obtain membership qualifications by paying fees or purchasing goods and services, etc., and form hierarchies in a certain order, directly or Anyone who indirectly uses the number of people developed as the basis for compensation or rebates, induces or coerces participants to continue to develop pyramid schemes that others participate in, defrauds property, and disrupts economic and social order shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined; if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not less than five years and shall also be fined.