In the law exam, criminal law has always been the focus and difficulty for students to prepare for the exam. If you want to get high scores in criminal law, grasping the pain points is the key. The following law exam will take you to study the criminal law exam. Focus: Crime of Robbery

1. Conditions for establishing the crime of fraud

Structure: Deceptive behavior? The punisher falls into a misunderstanding? The punisher disposes of property based on a misunderstanding? The perpetrator obtains property? The victim suffers Loss

Deceptive behavior: The deceptive behavior must reach a level sufficient to cause the other party to have a wrong perception, including actions and omissions.

Misunderstanding: The misunderstanding must be caused by a person with the authority to dispose of property.

Disposal of property: The victim must have awareness and behavior when disposing of property. It includes both the ownership of the property to be disposed of and the right to possess the property to be disposed of.

Obtaining property: The subject who obtains property can be the actor or a third party designated by the actor. If no property is obtained, the fraud cannot be established.

Suffer loss: This refers to the loss of legal property.

Test tips: According to judicial interpretations, three thousand yuan, thirty thousand yuan, and five hundred thousand yuan are relatively large, huge, and particularly huge amounts.

2. The difference between the crime of fraud and the crime of theft

The key to distinguishing the two crimes is whether the deceived person disposed of the property based on a misunderstanding. This consists of two links: one is the objective behavior of punishment; the other is the subjective awareness of punishment. Both links are indispensable.

Common mistakes

(1) Triangle fraud

Triangle fraud refers to the use of deception to make others dispose of property. The deceived property disposer and the victim It is not a case of fraud by the same person.

The difference from general fraud (two-corner fraud): In general fraud, the deceived, the punisher and the victim are the same person; in the triangle fraud, the deceived and the punisher are the same person, but they are not the same as the victim. are different people. The key to determining whether it is triangular fraud or theft depends on whether the person doing the punishment has the right to do so. The right to dispose constitutes fraud, and the right to dispose constitutes theft.

(2) Machines cannot be targeted for fraud. Therefore, throwing iron pieces into a vending machine to obtain property should be punished as theft. However, in the crime of credit card fraud, due to special provisions in the judicial interpretation, anyone who finds a credit card and uses it, regardless of whether it is used on a machine or a person, will be charged with the crime of credit card fraud.

(3) Deception should be a substantive deception. If the deception is allowed in social life, such as a certain degree of exaggeration and bargaining in general commodity transactions, it does not constitute fraud.

Error-prone questions

B’s family has been away for several months, and neighbor A takes the initiative to help B take care of the house. One day, A falsely claimed that a pair of stone lions in front of B's ??house belonged to him, sold the stone lions to an outsider, and kept the proceeds of 10,000 yuan for himself. Regarding the characterization of A's behavior, which of the following options is wrong? (2015/2/18. Single choice)

A. A committed the crime of embezzlement and fraud at the same time

B. If it is believed that the buyer has no property losses, then A is only guilty of the crime of theft

C. If it is believed that the buyer has suffered property losses, then A is guilty of both theft and fraud

D. Regardless Whether the buyer suffers property damage or not, A is guilty of the crime of theft

Test point: Distinguish between the crime of theft and the crime of embezzlement; the connection between the crime of theft and the crime of fraud

Answer A. Analysis: The key to distinguishing the crime of theft and embezzlement lies in who is in possession. Anyone who excludes others from possession of property and transfers it to his own possession for the purpose of illegal possession shall be guilty of the crime of theft. Converting property owned by others and legally owned by oneself into one's own for the purpose of illegal possession shall constitute the crime of embezzlement.

In this question, although A takes the initiative to help B take care of the house, as far as the possession of property is concerned, the stone lion in front of B's ??house belongs to B's possession, not to A's possession, and A does not constitute the crime of embezzlement. A uses a third party to steal B's stone lion through deception, which is an indirect principal offense of theft and constitutes the crime of theft. Statement A is wrong and is elected.

As for whether A commits a crime of fraud against a foreigner, it depends on whether the foreigner has any property losses. Regarding property losses, there are two viewpoints: the theory of invalidity of disposition without authority and the theory of validity of disposition without authority. A is a person who has no right to dispose and has only one act. If the disposal without right is considered invalid, that is, the buyer (a foreigner) suffers property losses, A commits the crime of theft against the owner B and the crime of fraud against the buyer (a foreigner). , which is an imaginary crime of competition and can be punished by choosing one of the felonies. However, if the unauthorized disposition is considered valid and the buyer (a foreigner) has no property losses, then A is only guilty of the crime of theft. However, regardless of whether there is any property damage to the buyer, A commits the crime of theft against B. Statements B, C, and D are correct and should not be elected.

Therefore, choose A for this question.