Legal analysis
It is a crime of fraud to defraud a large amount of property by fabricating facts or concealing the truth for the purpose of illegal possession. If it is only to borrow money, if it is difficult to pay back the money, it is not a crime of fraud. The crime of fraud refers to the act of defrauding a large amount of public and private property by deception for the purpose of illegal possession. The content of deception is to make the other party have a wrong understanding and make the property disposition that the actor hopes. In real life, there are various deception methods of fraud, including verbal deception and literal deception. Deception must make the other party have or continue to maintain a wrong understanding, even if the deceived person has some mistakes in judgment, it does not prevent the establishment of deception. It should be noted that misunderstanding must be a misunderstanding of disposing of property. The concrete manifestations of disposing of property usually include direct delivery of property, commitment to the actor to obtain property, commitment to transfer property interests, commitment to forgive the actor's debts, etc. If the actor commits deception and makes others give up their property, and the actor picks up the property, it should also be regarded as fraud. After defrauding the other party to dispose of the property, the actor or the third party obtains the property. Obtaining property includes two situations: temporary positive property increase, such as transferring the victim's property to the actor or a third person, or obtaining property interests such as creditor's rights; The second is the reduction of negative property, such as making the other party exempt or reduce the debts of the actor or the third party. Where there are other provisions in the law, those provisions shall prevail.
legal ground
Article 266 of the Criminal Law of People's Republic of China (PRC) stipulates that 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 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 10 years or life imprisonment, and shall also be fined or confiscated. Where there are other provisions in this Law, such provisions shall prevail.