If you know that the cultural relics are fake and sell them to others by deceptive means, and the amount reaches the standard of a relatively large amount and meets the constituent elements of the crime of fraud, you may be suspected of committing the crime of fraud. The act of selling fake antiques has constituted the crime of contract fraud. It is an act of taking advantage of others' ignorance and using false means to defraud others of their property for the purpose of illegal possession.
According to relevant regulations, 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, the offender shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.
The characteristics of the crime of fraud are as follows:
1. The object infringed by the crime of fraud is mainly the ownership of other people’s property. The object infringed by this crime is limited to the property of the state, collective or individual, not the property of the state, the collective or the individual. Including the perpetrator's behavior of defrauding other illegal benefits;
2. The objective aspect of the crime of fraud is that the perpetrator fabricates facts or conceals the truth of the matter to defraud others of larger amounts of property;
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3. In the subjective aspect, the crime of fraud mainly manifests as direct intentional behavior, and the purpose is to illegally possess other people’s property;
4. The subject of the crime of fraud is a general subject, and the perpetrator Anyone who has reached the legal age of criminal responsibility and has the ability to be criminally responsible can commit the crime of fraud.
I hope the above content will be helpful to you. If you have any other questions, please consult a professional lawyer.
Legal basis: "Criminal Law of the People's Republic of China"
Article 266 Whoever defrauds public or private property, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or surveillance. A fine may be imposed concurrently or solely; 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; if the amount is particularly huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment. The above-mentioned fixed-term imprisonment or life imprisonment, and a fine or confiscation of property shall apply.
Article 192: Illegal fundraising by means of fraud for the purpose of illegal possession. , if the amount is relatively large, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; if the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than seven years or life imprisonment and shall also be fined or his property shall be confiscated.
The unit shall be fined. Anyone who commits the crime in the preceding paragraph shall be fined, and the person directly in charge and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph.