1, object elements, the object of infringement is the ownership of public and private property; The object of fraud is only the property of the state, the collective or the individual;
2, the objective elements, objectively manifested as the use of fraud, fictional facts or methods to conceal the truth, defrauding a large amount of public and private property;
3, the main elements, the body is the general subject, and any natural person who has reached the legal age of criminal responsibility and has criminal responsibility ability can constitute a crime;
4. Subjective elements, subjectively intentional, have the purpose of illegal possession of public and private property.
The sentencing standard for fraud is:
1, if the amount is relatively large, ranging from 3,000 yuan to 10,000 yuan, it 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;
2. If the amount is huge or there are other serious circumstances, and the amount is between 30,000 yuan and 100,000 yuan, 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 particularly serious circumstances, and the amount is more than 500,000 yuan, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated. The types of fraud are contract fraud, insurance fraud and credit card fraud, all of which are convicted and punished according to fraud.