Legal analysis: 1. Crime of contract fraud:
(1) Signing a contract with a fictitious unit or in the name of another person;
(2) using forged, altered or invalid bills or other false certificates of property rights as the guarantee;
(3) having no actual performance ability, tricking the other party into continuing to sign and perform the contract by performing the small contract first or partially;
(4) escaping after receiving the goods, payment, advance payment or secured property from the other party;
(5) defrauding the other party's property by other means.
second, the crime of credit card fraud:
(1) the object of this crime is the credit card management system and the ownership of public and private property;
(2) The objective aspect of this crime is that the actor uses credit cards to defraud public and private property by fabricating facts or concealing the truth;
(3) The subject of this crime is a general subject, and a natural person can be the subject of this crime;
(4) The subjective aspect of this crime is intentional, and it is direct intentional. Subjectively, the perpetrator must also have the purpose of illegally possessing public or private property. Indirect intentional and negligent crimes cannot constitute this crime.
legal basis: article 148 of the civil code of the people's Republic of China
if a party commits a civil legal act against the true meaning by fraudulent means, the defrauded party has the right to request the people's court or an arbitration institution to cancel it.
article 149 if a third party commits fraud, causing one party to commit a civil legal act against its true meaning, and the other party knows or should know about the fraud, the defrauded party has the right to request the people's court or an arbitration institution to cancel it.
article 15 if a party or a third party coerces the other party to commit a civil juristic act against its true meaning, the coerced party has the right to request the people's court or an arbitration institution to cancel it.
Article 192 of the Criminal Law of the People's Republic of China
Whoever illegally raises funds by fraud for the purpose of illegal possession, if 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, 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 1 years or life imprisonment, and shall also be fined or confiscated. Where there are other provisions in this Law, such provisions shall prevail.