Selling a car without paying the car payment does not constitute a crime of fraud, but is an economic dispute.

A case constitutes fraud as long as two conditions are met:

First, the suspect intends illegal possession,

Second, the suspect fabricates some facts or Some circumstances have been concealed. Judging from the circumstances you described, the suspect's fraud is deemed to be established.

For criminal suspects suspected of fraud, the People's Court of my country determined that the criminal elements that constitute a crime include: the subject is a general subject; the subjective aspect is intentional; the object of infringement is the ownership of public and private property; the objective aspect is It manifests as the use of fraudulent methods to defraud large amounts of public and private property.

Economic disputes are

Economic disputes refer to disputes over rights and interests caused by conflicts between economic rights and economic obligations between market economy entities, including disputes involving economic content between medium-sized entities. Disputes involving economic content arising from administrative management between citizens, legal persons or other organizations as administrative counterparties and administrative agencies.

There are two major categories of economic disputes:

First, economic contract disputes, such as sales contract disputes, loan contract disputes, contract contract disputes, construction project contract disputes, technology contract disputes, etc.;

The second is economic infringement disputes; such as intellectual property (such as patent rights, trademark rights) infringement disputes, ownership infringement disputes, business rights infringement disputes, etc. In a market economy, a contract is a legal and universal form for establishing transaction relationships between equal market entities, jointly implementing transaction behaviors, and pursuing and realizing economic goals. Therefore, contract disputes are the main part of economic disputes.

Fraud is for the purpose of illegal possession, using fraudulent means to defraud or taking advantage of the victim's ignorance to defraud the victim's property. Economic disputes are economic disputes between the two parties, which is a legal matter. The core difference between the two parties in civil disputes is subjective purpose and objective means: the subjective purpose of fraud is illegal possession, but economic disputes are not; among objective means, fraud uses means of deceiving or hiding facts, while economic disputes are generally legitimate behaviors. , the two are easily confused, which is the typical problem of borrowing money and not repaying it. The debtor borrowed money, issued an IOU, and then had no money to pay back. It is really difficult to tell whether it is an economic dispute or a fraud. However, according to the current principle of criminal law in my country, when it is impossible to distinguish fraud from economic disputes and there is no evidence to prove fraud, the conclusion should be based on economic disputes. How to determine whether a loan is a fraud? In fact, this can be distinguished in some cases. For example: A borrowed 100,000 yuan from B, saying it was a business investment, and issued an IOU, but in fact it was used to return gambling debts and consumed it himself, and was unable to repay it when it was due. In this case, A had no intention of returning B's money from the beginning, but just wanted to appropriate the money for his own use, so he lied and borrowed money from B by claiming that he needed to turn around for business. In this case, even if there is an IOU, A's behavior constitutes fraud. But if A does borrow money to invest, but loses all the money because the business is not going well, then even if A is unable to repay it after maturity, it cannot be considered that A is committing fraud, and it can only be an economic dispute. Another relationship is that in an economic dispute, both parties have their own rights and interests. There is a relationship of rights and obligations, which is absent in fraud.

Legal Basis

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

Article 266: Crime of Fraud: Defrauding public or private property, if the amount is relatively large , shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or surveillance, and shall also or solely 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 and not more than 10 years, and shall also be fined; if the amount is particularly huge or there are other particularly serious circumstances If the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and shall also be fined or have property confiscated. If this law provides otherwise, the provisions shall prevail.

Article 122: A lawsuit must meet the following conditions:

(1) The plaintiff is a citizen, legal person or other organization that has a direct interest in the case;

(2) There is a clear defendant;

(3) There are specific litigation claims, facts and reasons;

(4) It falls within the scope of the People’s Court to accept civil litigation and It shall be under the jurisdiction of the people's court subject to the lawsuit.