1. Is it fraud to induce others to invest?
Inducing others to invest may constitute the crime of inducing investors to buy and sell securities and futures contracts. According to the provisions of the Criminal Law, employees of stock exchanges, futures exchanges, securities companies and futures brokerage companies, securities industry associations and futures industry associations who intentionally provide false information to trick investors into buying and selling securities and futures contracts, thus causing serious consequences, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than 10,000 yuan but not more than 100,000 yuan.
Second, the four characteristics of fraud
1, object element
The object of this crime is the ownership of public and private property. The object of the crime of fraud is limited to the property of the state, the collective or the individual, and no other illegal interests may be defrauded. Its goal should also exclude loans from financial institutions.
2. Objective factors
Objectively, this crime is manifested in the use of fraud to defraud a large number of public and private property. First of all, the perpetrator committed fraud, which includes two forms: one is to fabricate facts, the other is to conceal the truth; Essentially, it is an act that makes the victim fall into a wrong understanding. The content of fraud is that under certain circumstances, the victim will have a wrong understanding and make the property disposal that the perpetrator hopes. Therefore, whether it is fiction or concealing facts, as long as there is the above content, it is fraud. If the fraudulent content does not make them dispose of their property, it is not fraudulent fraud. Fraud must reach the point where ordinary people can have a wrong understanding and exaggerate the goods they sell. If it is not beyond the tolerance of society, it is not fraud.
3. Main elements
The subject of this crime is the general subject, and any natural person who has reached the legal age of criminal responsibility and has the ability of criminal responsibility can constitute this crime.
4. Subjective factors
Subjectively, this crime is direct and intentional, with the purpose of illegal possession of public and private property.
Legal basis:
People's Republic of China (PRC) Civil Code
Article 509 The parties shall fully perform their obligations as agreed.
The parties shall abide by the principle of good faith and fulfill the obligations of notification, assistance and confidentiality according to the nature, purpose and trading habits of the contract.
During the performance of the contract, the parties shall avoid wasting resources, polluting the environment and destroying the ecology.