The crime of fraud is objectively manifested in the use of fraud to defraud a large number of public and private property. You can call the police in time, and the public security organ will determine whether the case is a public security case or a civil dispute through examination, and the public security organ will impose public security punishment; Otherwise, you have to take the other party to court for settlement.
First, who is responsible for fraud?
Whether fraud is the responsibility of criminal investigation or economic investigation needs to be determined according to the type of case. They are:
1. If it is just an ordinary fraud crime, it shall be under the jurisdiction of the Criminal Investigation Bureau;
2 belong to fund-raising fraud, loan fraud, bill fraud, credit card fraud and other economic crimes, under the jurisdiction of the economic investigation department.
Elements of fraud:
1, object element. The object of infringement is the ownership of public and private property. 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. Therefore, it does not constitute a crime of fraud;
2. objective factors. Objectively, it is manifested in the use of fraud to defraud a large number of public and private property. First of all, the perpetrator committed fraud, which includes two types in form:
(1) fictional facts;
(2) concealing the truth.
Essentially, it is an act that makes the victim fall into a wrong understanding. The content of fraud is that under certain circumstances, the victim will have a wrong understanding and make the property disposal that the perpetrator wants. Therefore, whether it is fiction or concealment of past facts, or present facts and future facts, as long as the above contents are available, it is fraud. If the fraudulent content does not make them dispose of their property, it is not fraudulent fraud. Fraud must reach the point where ordinary people can have a wrong understanding and exaggerate the goods they sell. If it is not beyond the tolerance of society, it is not fraud. There are no restrictions on the means and methods of fraud, which can be verbal fraud or action fraud; Fraud itself can be either an act or an omission, that is, it has the obligation to inform a certain fact, but failure to fulfill this obligation makes the other party fall into a wrong understanding or continue to fall into a wrong understanding, and it also belongs to fraud if the actor uses this wrong understanding to obtain property. Those who organize or use religious sects, cult organizations or superstitions to defraud property shall be punished as fraud;
3. Main elements. The subject is a general subject, and any natural person who reaches the legal age of criminal responsibility and has criminal responsibility ability can constitute the crime of fraud;
4. Subjective factors. Subjectively, it is direct and intentional, with the purpose of illegally occupying public and private property.
Second, the crime of fraud must be profitable?
Fraud doesn't have to be profitable. If the perpetrator does not get property after fraud, it does not affect the establishment of the crime of fraud. The constitutive elements of the crime of fraud are: the object of infringement is the ownership of public and private property; Objectively, it is manifested in the use of fraud to defraud a large number of public and private property; The subject is a general subject; Subjectively, it is direct and intentional, with the purpose of illegally occupying public and private property.
Is 300 yuan a fraud?
Three hundred dollars is not fraud.
1. According to the current judicial interpretation, only those who swindle more than 3,000 yuan can file a case for investigation and be investigated for criminal responsibility.
2, it can be seen that more than 3,000 yuan can be suspected of fraud. If it does not exceed 3000, it does not constitute a crime of fraud and will be punished according to public security cases.
The elements of fraud are as follows:
1, the object of infringement is the ownership of public and private property;
2. Objectively, it is characterized by using fraudulent methods to defraud a large number of public and private property;
3. The subject is a general subject, which can be composed of any natural person who has reached the legal age of criminal responsibility and has the ability of criminal responsibility;
4. Subjectively, it is direct and intentional, with the purpose of illegally occupying public and private property.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis:
Criminal law of the people's Republic of China
Article 266 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 solely be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years, and shall also 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.
Article 192 Whoever illegally raises funds by fraudulent means for the purpose of illegal possession shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; if the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than seven years or life imprisonment and shall also be fined or confiscated.
If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph.
Article 266 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; 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.