A letter of credit is a certificate issued by the bank of the purchasing unit to the bank of the selling unit to ensure payment within the scope specified in the transaction contract. Before issuing a letter of credit, the purchasing unit should first submit the payment to the bank where the account is opened and open a separate account for safekeeping. After the sales unit receives the notice from its opening bank, it can proactively deliver goods to the purchasing unit within the limit of the letter of credit according to the contract. , and collect the payment from the bank settlement on the spot. Letter of credit settlement is a settlement method that is generally applicable to international trade payments. However, this settlement method is similar to other settlement methods in terms of convenience and applicability, coupled with the emergence of new settlement and payment methods such as credit cards. Therefore, China abolished the letter of credit settlement method on April 1, 1989. The objective aspect of the crime of letter of credit fraud is the act of using letters of credit to defraud goods or bank payments by fabricating facts or concealing the truth. 5. Credit card fraud The crime of credit card fraud refers to the act of using credit cards to defraud a large amount of property by fabricating facts or concealing the truth. Credit card refers to a special carrier card issued by banks to individuals and organizations, which can be used to shop and consume with special organizations and deposit and withdraw cash from banks, and has consumer credit. The objective aspect of the crime of credit card fraud is the act of using credit cards to defraud property or bank funds in large amounts by fabricating facts or concealing the truth. 6. The crime of securities fraud The crime of securities fraud refers to the act of using counterfeit or altered treasury bills or other securities issued by the state to defraud a large amount of property. The crime of securities fraud, objectively speaking, is the act of using counterfeit or altered treasury bills or other national securities issued by the state other than treasury bills and national bank financial bonds to defraud a relatively large amount of property. This is the act of using forged or altered treasury bills or other securities issued by the state to exchange for cash, repay debts, and obtain property or property interests. To constitute this crime, the amount must also be relatively large, and subjectively it can only be committed intentionally. 7. Insurance fraud crime Insurance fraud crime refers to the behavior of the policy holder, the insured or the beneficiary, who violates insurance regulations and uses fictitious facts or concealing the truth to defraud large amounts of insurance money. 3. The standard amount for filing a crime of financial fraud plays a very important role in the investigation and handling of financial fraud crimes by public security organs. Whether there is a specific amount is the criterion for determining whether to pursue criminal liability as a criminal crime of fraud. . The "Regulations on the Prosecution Standards for Economic Crime Cases" jointly issued by the Supreme People's Procuratorate and the Ministry of Public Security on April 18, 2001 (hereinafter referred to as the "Provisions on the Prosecution Standards"), for financial fraud crimes and economic crimes involving "amount" Basically, specific provisions have been made for crimes. Only when this amount is reached can a criminal crime be filed, prosecuted, and criminal responsibility investigated; if the amount does not reach the "Provisions on Prosecution Standards", it does not constitute a criminal crime and can only be treated as a general crime. Illegal acts shall be subject to corresponding civil or administrative liability.
1. Fund-raising fraud case (Article 192 of the Criminal Law) Anyone who uses fraud methods to illegally raise funds for the purpose of illegal possession and is suspected of one of the following circumstances shall be prosecuted: 1) Personal fund-raising fraud, the amount is within ten More than 10,000 yuan; 2) Unit fund-raising fraud, the amount is more than 500,000 yuan.
2. Loan fraud case (Article 193 of the Criminal Law) Anyone who defrauds a bank or other financial institution of a loan of more than 10,000 yuan for the purpose of illegal possession shall be prosecuted.
3. Bill Fraud Case (Criminal Law Article 194, Paragraph 1) Anyone who engages in financial bill fraud and is suspected of one of the following circumstances shall be prosecuted; 1) An individual commits financial bill fraud, with the amount exceeding RMB 5,000. The amount is more than RMB 100,000; 2) The unit commits financial bill fraud, and the amount is more than RMB 100,000.
4. Financial voucher fraud case (Criminal Law Article 194, Paragraph 2) Using forged or altered entrusted collection vouchers, remittance vouchers, bank deposit certificates and other bank settlement vouchers to conduct fraudulent activities, suspected of the following circumstances Any one of the following shall be prosecuted: 1) An individual commits financial voucher fraud, with an amount exceeding RMB 5,000; 2) An entity commits financial voucher fraud, with an amount exceeding RMB 100,000.
5. Letter of credit fraud case (Article 195 of the Criminal Law) Anyone who commits letter of credit fraud and is suspected of one of the following circumstances shall be prosecuted: 1) Using forged or altered letters of credit or accompanying documents , documents; 2) Using a voided letter of credit; 3) Fraudulently obtaining a letter of credit; 4) Conducting letter of credit fraud through other methods.
6. Credit card fraud case (Article 196 of the Criminal Law) Anyone who commits credit card fraud and is suspected of one of the following circumstances shall be prosecuted: 1) Using a forged credit card, or using an invalid credit card, or using it fraudulently Use other people's credit cards to conduct fraudulent activities, with the amount exceeding 5,000 yuan; 2) Malicious overdrafts, with the amount exceeding 5,000 yuan.
7. Securities Fraud Cases (Article 197 of the Criminal Law) Anyone who uses counterfeit or altered treasury bills or other securities issued by the state to conduct fraudulent activities, and the amount exceeds 5,000 yuan, shall be prosecuted .
8. Insurance fraud case (Article 198 of the Criminal Law) Anyone who engages in insurance fraud activities and is suspected of one of the following circumstances shall be prosecuted: 1) An individual commits insurance fraud with an amount of more than 10,000 yuan; 2 ) unit conducts insurance fraud, with the amount exceeding 50,000 yuan. The above is the entire content of "What are the constituent elements of the crime of financial fraud". It is a crime category among the crimes of disrupting the order of the socialist market economy stipulated in the "People's Republic of China and the Criminal Law of the People's Republic of China". Through the above introduction, everyone can understand the subject, object, subjective and objective constituent elements of the crime.