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Is being defrauded of 500 yuan considered fraud?

Doesn’t count.

The crime of fraud objectively manifests itself as the use of fraudulent methods to defraud large amounts of public and private property. You can call the police in time, and the public security organs will determine whether the case is a security case or a civil dispute through review, and the public security organs will impose security penalties; otherwise, you can only sue the other party in court to resolve the matter.

1. Who is responsible for fraud

Whether criminal investigation or economic investigation is responsible for fraud needs to be determined according to the type of case. They are:

1. If it is just a common crime of fraud, it should be under the jurisdiction of the Criminal Investigation Bureau;

2. If it is a crime of fund-raising fraud, loan fraud, or bill fraud Economic crimes such as credit card fraud and credit card fraud should be under the jurisdiction of the economic investigation department.

Constitutive elements of the crime of fraud:

1. Object elements. The object of the infringement is the ownership of public and private property. Although some criminal activities also use certain deceptive methods and even pursue certain illegal economic interests, the objects they infringe are not or are not limited to public and private property ownership. Therefore, it does not constitute a crime of fraud;

2. Objective elements. Objectively speaking, it often manifests itself as using fraudulent methods to defraud large amounts of public and private property. First of all, the perpetrator committed a fraud, which formally includes two categories:

(1) fabricating facts;

(2) concealing the truth.

In essence, it is an act that causes the victim to fall into a wrong understanding. The content of fraud is to create a misunderstanding in the victim under specific circumstances and make the property disposition desired by the perpetrator. Therefore, whether it is fabrication or concealment of past facts, present facts or future facts, as long as the above-mentioned facts are present, content is a form of fraud. If the fraudulent content does not enable them to make property dispositions, it is not a fraud crime. Fraudulent behavior must reach the level that ordinary people can have misunderstandings. If the goods sold are exaggerated and do not exceed the tolerance of society, it is not fraudulent behavior. There are no restrictions on the means and methods of fraudulent behavior. It can be verbal fraud or behavioral fraud; the fraudulent behavior itself can be either an act or an omission, that is, there is an obligation to inform a certain fact, but this obligation is not fulfilled. If the other party falls into a wrong understanding or continues to fall into a wrong understanding, and the perpetrator takes advantage of this understanding to mistakenly obtain property, it is also an act of fraud. Those who organize and use sects, cult organizations, or use superstition to defraud property will be punished with the crime of fraud;

3. Subject requirements. The subject is a general subject, and any natural person who has reached the legal age of criminal responsibility and has the ability to commit criminal responsibility can commit the crime of fraud;

4. Subjective elements. In the subjective aspect, it is manifested as direct intention and has the purpose of illegally possessing public and private property.

2. Does the crime of fraud require profit-making?

The crime of fraud does not require profit-making. If the perpetrator does not receive any property after the fraud, it will not affect his establishment of the crime of fraud. The constituent elements of the crime of fraud are: : The object of the infringement is the ownership of public and private property; objectively, it manifests itself as using fraudulent methods to defraud large amounts of public and private property; the subject is a general subject; subjectively, it manifests as direct intentionality and the purpose of illegally possessing public and private property.

3. Is three hundred yuan considered fraud?

Three hundred yuan is not considered fraud.

1. According to the current judicial interpretation, only those who defraud more than 3,000 yuan can file a case for investigation and pursue criminal responsibility.

2. It can be seen that only those with more than 3,000 yuan can be suspected of fraud. If it does not exceed 3,000, it does not constitute a crime of fraud and will be punished as a public security case.

The constituent elements of the crime of fraud are as follows:

1. The object of the infringement is the ownership of public and private property;

2. The objective manifestation is the use of fraudulent methods to defraud. Large amounts of public and private property;

3. The subject is a general subject, and any natural person who has reached the legal age of criminal responsibility and has the ability to be criminally responsible can constitute it;

4. In terms of subjectivity It shows direct intention and has the purpose of illegally possessing public and private property.

I hope the above content will be helpful to you. If you have any other questions, please consult a professional lawyer.

Legal basis:

"Criminal Law of the People's Republic of China"

Article 266: For defrauding public or private property, if the amount is relatively large, If the person is sentenced to fixed-term imprisonment of not more than three years, criminal detention or surveillance, and the fine amount is extremely huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years, and if the fine amount is particularly huge or there are other particularly serious circumstances, he shall be sentenced to ten years. shall be sentenced to fixed-term imprisonment of not less than 1 year or life imprisonment, and shall also be fined or have property confiscated. If this law provides otherwise, the provisions shall prevail.

Article 192: Whoever uses fraudulent methods to illegally raise funds for the purpose of illegal possession, and the amount is relatively large, shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined if the amount is huge or there are other serious circumstances. , shall be sentenced to fixed-term imprisonment of not less than seven years or life imprisonment, and shall also be fined or have property confiscated.

If a unit commits the crime in the preceding paragraph, the unit shall be fined, and the person directly 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, and the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or surveillance, and shall also or solely be fined; if the amount is huge or there are other serious circumstances, The offender shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years, and shall also be fined; if the amount is particularly huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and shall also be fined or his property shall be confiscated. If this law provides otherwise, the provisions shall prevail.