First of all, defrauding public and private property, with a large amount, may constitute the crime of fraud. Violation of financial management order may also be suspected of financial fraud, such as fund-raising fraud, loan fraud, insurance fraud and so on.
Secondly, according to the statement in the judicial interpretation, those who swindle public or private property in the amount of more than 3,000 yuan to 1000 yuan, more than 30,000 yuan to 1000 yuan and 500,000 yuan shall be respectively deemed as "large amount", "huge amount" and "extremely huge amount" in Article 266 of the Criminal Law. The higher people's courts and procuratorates of all provinces, autonomous regions and municipalities directly under the Central Government may, in the light of the economic and social development of the region, study the implementation standards of the region within the scope of the amount specified in the preceding paragraph and report them to the Supreme Law and the Supreme Procuratorate for the record. For the "routine loan" in private lending, there is no obvious means of violence or threat. On the whole, its behavioral feature is to defraud the victim's property by fabricating facts and concealing the truth for the purpose of illegal possession. Generally, the crime of fraud should be convicted and punished. Other crimes, such as extortion, illegal detention, false litigation, and affray, should be differentiated according to the specific facts of the case.
Finally, the legal provisions and judicial interpretation of the crime of fraud are very complicated. It is suggested that the parties entrust a professional criminal lawyer to handle both criminal charges and criminal defense.
legal ground
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 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.