1. What should you do if you encounter a wine trust fraud?
1. If a party suffers from wine trust fraud, it can be handled according to the following circumstances:
(1) Collect evidence. Do not leave the scene, take photos of the scene with your mobile phone, take screenshots of consumption records, and save relevant evidence.
(2) Report the case to the public security organ. After collecting evidence, the parties concerned can report the case to the public security organs and are not allowed to leave the scene until the public security organs arrive at the scene.
2. What is the boundary between the crime of fraud and non-crime?
1. The boundaries between fraud and lending. For some reason, if the borrower fails to repay the loan for a long time, or makes up lies or conceals the truth to defraud the money, and is unable to repay the loan when due, as long as there is no illegal possession, no squandering, no breach of contract, no further fraud or deception, and the borrower can truly repay the loan, Meaning, it is still a loan dispute and does not constitute a crime of fraud.
2. The boundary between the crime of fraud and the act of defaulting on payment on behalf of others. In the name of buying goods in short supply on behalf of others, taking the payment without buying anything, misappropriating the payment without authorization, defaulting on repayment, etc., we should focus on the true purpose, the relationship between the two parties, the reason for the incident, the specific behavior of the agent, and the breach of contract. The circumstances and consequences, etc., can be used to correctly determine whether there is intention to illegally possess. If you obviously want to purchase on behalf of others, but you cannot buy it because of misappropriation and still want to return it, you cannot be charged with fraud. Anyone who commits fraud in the name of purchasing, defrauding a large amount of property, squandering it without intending to return it, and having no ability to return it, should be punished with the crime of fraud.
3. The boundaries between the crime of fraud and the concealment of debts by fund-raising enterprises due to losses. If it is indeed a company that raises funds to run a business, but due to poor management, losses and debts, debt avoidance, or property and debt disputes. This is essentially different from the fraudsters who abscond with the money in the name of raising funds to run a business for the purpose of illegal possession.
I hope the above content can help you. If you have any other questions, please consult a professional attorney.
Legal basis: "Criminal Procedure Law of the People's Republic of China"
Article 110: Any unit or individual who discovers criminal facts or criminal suspects has the right and obligation to report to the public security Report to the government agency, People's Procuratorate or People's Court.
Victims have the right to report and accuse criminal facts or criminal suspects that infringe upon their personal or property rights to the public security organs, people's procuratorates or people's courts.
The public security organs, people's procuratorates or people's courts shall accept reports, accusations and reports. If the matter does not fall under one's own jurisdiction, it shall be transferred to the competent authority for handling, and the whistleblower, complainant, or whistleblower shall be notified; if the matter does not fall under one's own jurisdiction and emergency measures must be taken, emergency measures shall be taken first and then transferred to the competent department.
Where criminals surrender to the public security organs, people's procuratorates or people's courts, the provisions of paragraph 3 shall apply.