In your case, the other party only made a verbal promise, which was not fulfilled afterwards. It does not belong to the method of using fictional facts or concealing the truth, nor can it be determined that the other party has the purpose of illegal possession when making a promise with you, so both subjective and objective are not satisfied, so it is not judged as fraud.
Extended data:
Composition of fraud:
Objective elements:
The object of this crime is the ownership of public and private property. Some criminal activities, although they also use some deception and even pursue some illegal economic interests, are not or are not limited to the ownership of public and private property. So it does not constitute fraud. For example, abducting and selling women and children is a crime of violating personal rights.
The object of the crime of fraud is limited to the property of the state, the collective or the individual, and no other illegal interests may be defrauded. Its goal should also exclude loans from financial institutions. Because article 193 of the criminal law has specifically stipulated the crime of loan fraud.
Theme element
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.
Relevant laws and regulations:
criminal law
Article 266 Fraud
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.
References:
Baidu encyclopedia-fraud
Baidu Encyclopedia-People's Republic of China (PRC) Criminal Law