According to Article 1 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Fraud Cases: "According to the provisions of Articles 151 and 152 of the Criminal Law, swindling public or private property with a large amount constitutes the crime of fraud. Individuals who defraud public or private property of more than 2,000 yuan belong to a "large amount", and those who defraud public or private property of more than 30,000 yuan belong to a "huge amount". "Therefore, defrauding 500 yuan does not constitute a criminal offence, but his behavior violates the provisions of Article 49 of the Law on Public Security Administration Punishment. Anyone suspected of fraud shall file a case for public security according to law and give the parties administrative penalties for public security.
Ten common fraud methods
1, the substitution performance law of counterfeit and shoddy products. When signing a sales contract, fraudsters produce real samples with high quality, but when performing, they are replaced by counterfeit and defective products with poor quality;
2. Failure or incomplete performance of fraud law. Since the conclusion of the contract, one party has no sincerity to perform the contract, but wants to make the other party perform the contract by fraudulent means, even if it has certain performance ability. After defrauding the other party to perform the contract, he illegally occupies the money or products performed by the other party, but he no longer performs the contract, causing heavy losses to the other party;
3, the method of forging product quality appraisal certificate or mark. The supplier has no product or the product quality is unqualified, but in order to defraud the other party to sign the contract, he forged the quality appraisal certificate or mark of the product, and after reading it, he believed it to be true and entered into the contract. After the other party performs, the supplier no longer performs in return and runs away;
4. Lure signs of counterfeit registered trademarks. In order to induce the other party to sign a contract and defraud money, one party pretends its fake and shoddy products as registered trademark goods, and the other party signs a contract with registered trademark goods out of trust, only to find that it has been cheated after fulfilling the contract;
5. The method of lying about patented products. One party lied that his product is a patented product or a famous product, and took advantage of the other party's poor information, traffic jam and lack of experience to have a wrong understanding of the right to use the patent or famous product. The supplier signs a contract with the other party to promote its fake and shoddy products when the other party's intention is untrue;
6, the method of stealing the name of other units. One party steals the official seal, special seal for contract or blank contract of other units by illegal means, and in order to seek illegal benefits, while knowing that the other party is an unauthorized contractor, signs a sales contract with the other party and demands money or things from the other party;
7. Fake units cheat. The so-called fake unit, also known as "leather bag company", refers to a unit that does not exist at all or is not legally registered. Such a unit has no registered capital, no fixed place, no management facilities, and even the employees are fake. A very small number of criminals in society often use private seals or special seals for contracts to defraud business licenses to set up so-called "fake units", and then pretend to be the chairman or business manager of a certain unit to sign a contract with the cheated party, and the other party absconds with the money after fulfilling the contract or making advance payment;
8. False price fraud law;
The supplier made the buyer conclude a contract with him under misunderstanding and get illegal benefits from it. This kind of fraud is generally realized through so-called "big price reduction", "big sale" and "big clearance" activities;
9. Long-term big fish fraud law. The so-called long-term big fish, that is, "long-term fishing for big fish." The characteristics of this fraud:
(1) First, before committing fraud, the fraudster has signed and fulfilled several small contracts with the defrauded party, paid a small deposit, and actively and successfully fulfilled the contracts, creating the illusion that he has strong performance ability and keeps his reputation, thus defrauding the other party's trust. Then lied that because of the needs of production and life, signed a large sales contract to defraud a large number of goods or money;
(2) Second, fraudsters know fraudsters very well, and fraudsters' understanding of fraudsters is an illusion. After being deceived, we will know that what the fraudster originally said is a lie;
(3) Thirdly, fraudsters often run away or hide after committing fraud.
10, the law of double fraud in buying and selling.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: People's Republic of China (PRC) Civil Procedure Law.
Article 6 The judicial power of civil cases shall be exercised by the people's courts.
The people's courts try civil cases independently in accordance with the law and are not subject to interference by administrative organs, social organizations or individuals.
Article 119 A prosecution must meet the following conditions:
(1) The plaintiff is a citizen, legal person and other organization that has a direct interest in the case;
(2) Having a clear defendant;
(3) Having specific requests, facts and reasons;
(4) It falls within the scope of civil litigation accepted by the people's court and is under the jurisdiction of the sued people's court.
Article 123 The people's court shall guarantee the right of prosecution enjoyed by the parties according to law. A lawsuit that conforms to Article 119 of this Law must be accepted. Those who meet the conditions for prosecution shall file a case within seven days and notify the parties concerned; If it does not meet the conditions for prosecution, it shall make a ruling within seven days and refuse to accept it; If the plaintiff refuses to accept the ruling, he can appeal.