It doesn't usually count. But if it is false, it is fraud. If the seller makes up the value of the collection. For example, ordinary handicrafts are sold as celebrity calligraphy and painting, antique cultural relics and so on. If the high price is collectible, and the amount is relatively large, it constitutes a crime of fraud, and it shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or control, 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. 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 object of the crime of fraud is not to defraud other illegal interests.
Legal basis:
Article 266 of the Criminal Law of People's Republic of China (PRC) stipulates that 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.
Derivative problem:
What are the constitutive elements of fraud? The object of this crime is the ownership of public and private property. Objectively, this crime is manifested in the use of fraud to defraud a large number of public and private property. The subject of this crime is the 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. Subjectively, this crime is direct and intentional, with the purpose of illegal possession of public and private property.