1, emotional fraud must meet three conditions:
(1) Object elements, the object of this crime is the ownership of public and private property;
(2) objective elements, this crime is objectively manifested in the use of fraud to defraud a large amount of public and private property;
(3) Subject elements, the subject of this crime 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 this crime, while the subjective elements, this crime is subjectively manifested as direct intention and has the purpose of illegally occupying public and private property.
2. Legal basis: Article 192 of the Criminal Law of People's Republic of China (PRC).
Whoever illegally raises funds by fraudulent means 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 193
Under any of the following circumstances, whoever defrauds a bank or other financial institution for the purpose of illegal possession, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan; 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 10 years or life imprisonment, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan or confiscated property:
(a) fabricating false reasons such as introducing funds and projects;
(two) the use of false economic contracts;
(3) using false documents;
(four) the use of false proof of property rights as a guarantee or repeated guarantee beyond the value of collateral;
(5) obtaining loans by other means.
Second, the crime of emotional fraud was sentenced to several years.
1. If it does not constitute a crime of fraud, if the amount of fraud is less than 3,000 yuan, it shall be detained for less than five days and fined less than 500 yuan; If the circumstances are serious, he shall be detained for more than 10 and less than 15, and fined for less than 1000 yuan;
2, such as cheating feelings, there are legal circumstances of bigamy, according to the crime of bigamy.