Hello, lawyer, I'd like to ask a friend of mine to mortgage the car of the rental company for 20 thousand. Now the owner reported that the car was mortgaged by my friend, but I

Q: Hello, lawyer, I want to ask a friend of mine to mortgage the car of the leasing company for 20,000 yuan. Now the owner reported that the car was mortgaged by my friend, but my friend wrote an iou without signing a mortgage contract with the mortgagor. Is this crime of fraud established? It can't be established under any circumstances, because my friend has made an agreement with the mortgagor and said to borrow it.

A: The Scout Law Online Consultation will answer your question.

According to the provisions of China's criminal law and judicial interpretation, those who defraud public or private property of more than 3,000 yuan to 1 10,000 yuan can file a case. Personal fraud in Sanya City can be filed if the amount reaches 5,000 yuan. Below, the standards for filing fraud cases.

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.

Article 266 of China's criminal law 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.

The Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Fraud (implemented on April 8, 201/) stipulates that if the amount of public or private property is more than 3,000 yuan and less than 10,000 yuan, more than 30,000 yuan and more than 100,000 yuan, and more than 500,000 yuan, it shall be deemed as "large amount", "huge amount" and "amount".

Provisions of the Higher People's Court of Hainan Province, the People's Procuratorate of Hainan Province and the Public Security Department of Hainan Province on the standards for determining the amount of crimes of theft, fraud, robbery and extortion.

According to Articles 264, 266, 267 and 274 of the Criminal Law and related judicial interpretations, combined with the current economic development level and social security situation in our province, the standards for determining the amount of theft, fraud, robbery and extortion in our province are as follows:

Article 2 The criteria for individuals to defraud public or private property are:

(a) personal fraud of public or private property "a large amount", the starting point is 5 thousand yuan;

(two) personal fraud of public or private property "a huge amount", the starting point is 50 thousand yuan;

(3) The amount of personal fraud of public and private property is extremely huge, starting from 500,000 yuan.