The elements of fraud are as follows:
(a) the object elements, the object of this crime is the ownership of public and private property.
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. 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.
(2) objective elements, this crime is objectively manifested in the use of fraud to defraud a large amount of public and private property.
1. The perpetrator committed the crime of fraud.
Formally speaking, fraud includes two kinds, one is to fabricate facts, the other is to conceal the truth, both of which are essentially behaviors that make victims fall into wrong understanding. The content of fraud is to make the victim have a wrong understanding and make the property disposal that the perpetrator wants under certain circumstances. Therefore, fabricating or concealing past facts, or present facts and future facts, as long as they have the above contents, is a kind of fraud. If the fraudulent content does not make them dispose of their property, it is not fraudulent fraud.
2. Fraud makes the other party misunderstand.
The misunderstanding of the other party is caused by the fraud of the perpetrator. Even if the other party has some misjudgments, it does not prevent the fraud from being established. Between fraud and the other party's disposition of property, it is bound to involve the other party's misunderstanding. If the other party disposes of the property due to fraud and does not cause misunderstanding, it is not a crime of fraud.
3. The establishment of the crime of fraud requires the victim to make property disposal after falling into a wrong understanding.
Disposing of property is manifested as direct delivery of property, or commitment of the actor to obtain property, or commitment to transfer property interests. If the perpetrator commits fraud and makes others give up their property, and the perpetrator picks up the property, he should also be punished as fraud. However, the act of putting a piece of metal similar to a coin into a vending machine to obtain goods in the vending machine does not constitute a crime of fraud, but can only be established.
4. After the victim disposed of the property by fraudulent means, the actor obtained the property, thus damaging the victim's property.
(3) Subject elements: The subject of this crime is a 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.
(4) Subjective factors. Subjectively, this crime is direct and intentional, with the purpose of illegal possession of public and private property. Under different criminal circumstances, the punishment for criminals of fraud is different, that is to say, the specific imprisonment time of criminals is different. The highest time is life imprisonment.
Second, how to judge the crime of fraud?
1. Article 266 of the Criminal Law 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;
2. 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;
3. 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.
Three. Explanation of fraudulent amount
The Supreme Court has stipulated the interpretation of the problem that the amount of fraud is large, huge and particularly huge.
1. If the value of public or private property is more than 3,000 yuan but less than 10,000 yuan, it is a "large amount".
2 fraudulent public or private property worth more than 30,000 yuan to 100,000 yuan is a "huge amount".
3. The amount of defrauding public and private property worth more than 500,000 yuan is extremely huge.
In addition, the determination of the amount of fraud is generally handled according to the following standards: the property actually defrauded by telecommunication network fraud shall prevail; The amount of fraud recovered before the crime should be deducted; In social security fraud, the amount paid to the state in advance should be deducted; The interest paid before the crime of loan fraud shall be deducted from the amount of the crime; And the crime amount of serial fraud shall prevail.
Well, that's all the legal knowledge I brought to you today. I hope you have a complete understanding of this problem, and let you know what to do next for the problems you encounter. If you encounter similar problems, you must use legal weapons to defend your fairness. If you need legal advice, please go in and consult a professional lawyer. I believe there will be a perfect answer.