Legal analysis:

1. Substitute performance law for counterfeit and inferior products. When signing the sales contract, the fraudulent party presented real samples of higher quality, but substituted fake and inferior products of poor quality during execution. 2. Failure to perform or incomplete performance of the Statute of Frauds. 3. Counterfeit product quality appraisal certificates or marking methods. The supplier does not have the product or the product quality is not up to standard, but in order to defraud the payment and induce the other party to sign a contract, the supplier forges the quality appraisal certificate or mark of the product, and the other party believes it after seeing it and concludes the contract. After the other party performs the performance, the supplier does not Then fulfill the promise and run away. 4. The law of using counterfeit registered trademark goods to induce contracts. In order to induce the other party to sign a contract and defraud money, one party passed off its own fake and inferior products as registered trademark goods. The other party signed a contract with the other party because they trusted the registered trademark goods. After fulfilling the contract, they discovered that they had been deceived. 5. Law on misrepresentation of patented products. One party (the supplier) falsely claims that its product is a patented product or a famous product, and takes advantage of the other party's lack of information, traffic congestion, lack of experience, and sense of mystery or trust in the "patented" or "famous" product to trap the other party in the right to use it. Wrong understanding. The supplier signs a contract with the other party when the other party's intention is untrue to promote its own fake and inferior products.

Legal basis:

"Criminal Law of the People's Republic of China"

Article 266: For defrauding public or private property, if the amount is relatively large, If the person is sentenced to fixed-term imprisonment of not more than three years, criminal detention or surveillance, and the fine amount is extremely huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years, and if the fine amount is particularly huge or there are other particularly serious circumstances, he shall be sentenced to ten years. be sentenced to fixed-term imprisonment of not less than 1 year or life imprisonment, and shall also be fined or have property confiscated. If this law provides otherwise, the provisions shall prevail.

Article 192. Whoever uses fraud methods to illegally raise funds for the purpose of illegal possession, and 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. , shall be sentenced to fixed-term imprisonment of not less than seven years or life imprisonment, and shall also be fined or have property confiscated.

If a unit commits the crime in the preceding paragraph, the unit shall be fined, and the person directly in charge and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph.

Derived questions:

What are the qualitative criteria for the crime of fraud?

(1) Object requirements. The object violated by this crime is the ownership of public and private property. The object of the crime of fraud is limited to national, collective or individual property, rather than defrauding other illegal benefits. Although some criminal activities also use certain deceptive methods and even pursue certain illegal economic interests, the objects they infringe are not or are not limited to public and private property ownership. Therefore, it does not constitute a crime of fraud. For example: abducting and trafficking women and children is a crime of infringement of personal rights. (2) Objective elements: This crime objectively manifests itself as using fraudulent methods to defraud a relatively large amount of public or private property. 1. First, the perpetrator committed fraud. Formally speaking, there are two types of fraud: one is fabricating facts, and the other is concealing the truth. In essence, both are behaviors that lead the victim to fall into a wrong understanding. The content of the fraud is to cause the victim to have a wrong understanding under specific circumstances and make the property disposition desired by the perpetrator. Therefore, whether it is fiction or concealment of past facts, present facts or future facts, as long as it has the above content, it is an act of fraud. If the content of the fraud does not enable them to make property dispositions, it is not a fraud crime. 2. Secondly, the fraudulent behavior causes the other party to have a wrong understanding. The other party's misunderstanding is caused by the perpetrator's fraudulent behavior. Even if the other party makes certain errors in judgment, it does not prevent the establishment of the fraudulent behavior. Between the act of fraud and the other party's disposition of property, the other party's misunderstanding must be interposed. If the other party does not dispose of property due to misunderstanding caused by fraud, the crime of fraud will not be committed. 3. Thirdly, the establishment of the crime of fraud requires the victim to make property disposition after falling into a wrong understanding. The disposal of property is expressed by directly delivering the property, or promising the perpetrator to obtain the property, or promising to transfer property interests. If the perpetrator commits a fraudulent act and causes others to give up their property, and the perpetrator picks up the property, he shall also be punished for the crime of fraud.

However, the act of inserting a metal piece similar to a coin into a vending machine to obtain the goods in the vending machine does not constitute the crime of fraud, but can only constitute the crime of theft. 4. Finally, after the victim disposes of the property through fraud, the perpetrator obtains the property, thus causing damage to the victim's property.