resulting in serious consequences

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Fraud refers to the illegal possession for the purpose of hiding the truth with fictional facts or methods to cheat the large amount of the behavior of public and private property.
(A) of the object element
The crime of violation of the object is public and private property ownership. Some criminal activity, although the use of certain means of deception and even the pursuit of some of the illegal economic benefits, but not because of violation of the object or not limited to public and private property ownership. So, do not constitute fraud. For example: trafficking in women and children, belonging to Lee in assault and battery offense.
Violation of the object of fraud is limited to state, collective or personal belongings, and not cheat other illegal benefits. The object should also be excluded loans from financial institutions. Section 193 of this Law has special provisions for the Loan Fraud.
(B) the objective elements
Objective of this crime to use fraudulent means to defraud the performance of large amount of public and private property. First, the behavior of the person committed fraud, fraud in form that includes two types, one fictional facts, and second, to conceal the truth; in essence is to make the victim into a wrong understanding of the behavior. The contents of fraud in specific circumstances, victims of a wrong understanding of it, and actors want to make disposition of property, therefore, whether it is fiction, to conceal the fact that past or current facts and future facts, as long as with the above content, is a fraud. If the content is not that they made fraudulent dispositions of property, fraud is not fraud. Fraud must be met so that the average person can produce erroneous understanding of the extent of selling their goods for exaggeration, did not exceed the scope of social tolerance, not fraud. Means of fraud, the method does not limit either the language of fraud, it can be fraudulent actions; fraud as the act itself can be both, can not act, that is a fact that the obligation to inform, but does not fulfill this obligation, so that the other into a wrong understanding or misconception to fall into,Provide comprehensive [link widoczny dla zalogowanych], the perpetrator made use of this understanding wrong property, and it is fraud. According to Article 300 of this Act, the organization and use of secret societies, cults, or to defraud money or property by utilizing superstition fraud offenses.
Fraud to a wrong understanding of each other, understanding each other is a wrong act of the perpetrator of the fraud; even though they have some in determining the error does not prevent the establishment of fraud. Fraud and other actions in between the property must be the mistake of the other party intervention; If the person is not an error because of fraud awareness and dispose of property, not the establishment of fraud. Fraud only requires the other party is a disposition of property rights or status are not required to be a property owner or occupier. Actors to bring a civil action as a means of providing false statements, presented false evidence to the court ruling in their favor, resulting in the behavior of the property, known as the lawsuit of fraud,Provide comprehensive [link widoczny dla zalogowanych], the establishment of fraud.
Requires the establishment of fraud made after the victim into a wrong understanding of property disposition, property disposition, including disposition and disposal of consciousness. Make such a request is to distinguish between fraud and theft. Dispose of property performance for the direct delivery of property, obtaining property or who committed acts of, or commitment to transfer of property interests. The implementation of the perpetrator of fraud, so that others give up property, the actor picked up the property, and fraud should be punished. However, similar to the coins into vending machines in the metal sheet, to obtain the behavior of goods within the vending machine, does not constitute fraud, theft can only be set up.
Dispose of property to victims of fraud, the perpetrator will be awarded for the property, so that the victim's property damage, according to the provisions of this section, fraud, large amount of public and private property, would constitute a crime. According to the judicial interpretation, the larger the amount of fraud, to 2,000 yuan as a starting point. But this does not mean that the attempted fraud, and does not constitute a crime. Attempted fraud, the circumstances are serious, it should be convicted and punished according to law. Need to study is the perpetrator used a method of obtaining by deception of fraud, but rather paid for the value of items, whether to set up fraud? Some people think that fraud caused the damage is the victim whole property reduced, so the behavior is not set up to defraud; was considered to be victims of individual property loss, so the above acts are still set up to defraud; also believe that fraud is a Lutheran honest assault, property damage occurred is not required. We believe that fraud is a crime separate property, rather than on the overall property crime. Victims of fraud due to be spent 30,000 yuan to buy 3 million items, although there is no damage to property as a whole, but individual property, if the not the perpetrator of the fraud, the victim will not spend 3 million to buy the goods,Provide comprehensive [link widoczny dla zalogowanych], flowers to 3 million is separate property damage. Therefore, the use of fraudulent means to defraud others into a wrong understanding of property, even if the payment of a considerable value items should also be identified as fraud.
Fraud is not limited to a body of material fraud, including fraud intangibles and property interests. According to this Law, relevant provisions of Article No. 2l0, the use of deception, the VAT invoice or you can go out for fraudulent tax refund to offset his tax invoice even set up fraud.
(C) of the main elements of
The main subject of this crime is the general, who reached the legal age of criminal responsibility, with the criminal responsibility of natural persons could constitute the crime.
(D) subjective element
Subjective aspect of this crime as a direct intentional performance, and public and private property with the purpose of illegal possession.
Second, identify
(A) the boundaries of the Zuiyufeizui
l, acts of fraud and borrowing limits. For some reason the borrower,Provide comprehensive [link widoczny dla zalogowanych], not yet long overdue, or make up lies to conceal the truth or cheat money or property can not be repaid due, as long as there is no purpose of illegal possession, nor squandered, not repudiate, not fraud lie really intend to pay, and is still lending disputes, does not constitute fraud.
2 people shopping fraud and owed money on behalf of the boundaries of behavior. Shortage of people to buy goods in lieu of the name, take away money, not buy things, and unauthorized payment, the behavior of non-payment arrears, investigation should focus on its true purpose, the two sides of the relationship, it's the cause, the agency's specific behavior,Provide comprehensive [link widoczny dla zalogowanych], outstanding circumstances, consequences, etc., to correctly determine whether illegal possession with intent. If a clear wish on behalf of the people shopping, for some reason not to buy is still to be returned misappropriation, fraud can not be punished. If purchasing in the name of the real line fraud, a lot of property fraud, profligate spending no intention to return, but also unable to return, should be punished for fraud.
3, fraud and fund raising to do business because of losses to hide debt limits. If that is the fund-raising business or run enterprises, but poor management, loss of balance, in order to hide debt and go out,Provide comprehensive [link widoczny dla zalogowanych], remain the property of debt disputes. This is to raise funds to do business with the scammers in the name of purely monetary money to run away in order to achieve its purpose of illegal possession are essentially different.
(B) The boundaries of the crime and the practice fraud They both use deception, which is also possible to obtain property interests, which the same two points; However, the subjective purpose of criminal means,[link widoczny dla zalogowanych], the amount of property requirements and the violation of the object, are different. Practice fraud is a fraud for the purpose of all illegal profits, posing as a state, to practice fraud activities are damaging the credibility of state organs, public interests or legitimate rights and interests of citizens, it includes not only the fraudulently obtained property (but not the amount of how much restrictions), including work, job, status, honor, etc., belong to prejudice the order of social administration. When criminals posing as a state public or private property fraud when it violated property rights, it further damages the prestige of the state organs and normal activities, are Implicated, acts of infringement shall be the main object and the main hazard to determine the charges and severely punished. If the small amount of property fraud,Provide comprehensive [link widoczny dla zalogowanych], but serious damage to the prestige of the state organs, shall be punished practice fraud; the contrary, as a fraud,Provide comprehensive [link widoczny dla zalogowanych], if a serious violation of the two objects, generally follow the principle of a felony at the break by fraud Treatment; If you have the two were guilty of the crime independent of each other shall be in accordance with the graft principles involved.
(C) of this crime and fraud and other provisions of this Law the limits of
In the remaining sections of this Act provides for fund-raising fraud, respectively, Loan Fraud, Financial ticket fraud,Provide comprehensive [link widoczny dla zalogowanych], credit fraud, credit card fraud, securities fraud, insurance fraud, contract fraud and so on. The crime and the crime of fraud in the subjective and objective performance are the same, but in the main, criminal means, the main difference between elements and objects are more easily distinguished. Consequent provision of this section, \\
Third, the punishment
l, guilty of this crime, imprisonment, criminal detention or control, concurrently or fine;
2, the amount is huge or other serious circumstances, three to ten years imprisonment, a fine;
3, the amount is especially huge or other especially serious circumstances, term imprisonment or life imprisonment, a fine or confiscation of property.
According to \more than 3 million public and private property, belonging to \
Personal fraud of more than 20 million public and private property, belonging to a huge amount of fraud. A huge amount of fraud is identified fraud, \More than the amount of 10 million fraud, but also one of the following circumstances should also be identified as \
(1) fraud ringleader of a common fraud or serious crime in the principal;
(2) people who commit crimes against repeat offenders or serious;
(3) corporate fraud, other organizations or individuals need of production, and seriously affect the production or cause other serious losses;
(4) fraud and disaster relief, rescue, flood prevention, the special care, relief, medical funds and materials, resulting in serious consequences;
(5) squandered the property of fraud, resulting in fraudulent property can not be returned;
(6) property for illegal use of fraudulent and criminal activities;
(7) to have been subjected to criminal punishment of fraud;
(

led to death of the victim, mental disorder or other serious consequences;
(9) with other serious circumstances.
Persons in charge directly responsible and other directly responsible personnel to units under the name of fraud, fraud unit of the proceeds go all the amount of 5 million to more than l0 million, should be in accordance with section 152 of this Law shall be investigated for the criminal who responsibility; the amount of 200,000 to 300,000 yuan or more, in accordance with the provisions of this Act shall be investigated for the first l52 the criminal responsibility of the person.
Of common fraud, the perpetrator shall be the amount of fraud identified in the common level of crime and the perpetrator in the crime with the status, role, and the amount of illegal gains and other circumstances punishable by law, has already begun to fraud, simply because the perpetrator will obtain the property for reasons other than without, it is attempted fraud. Attempted fraud, the circumstances are serious, it should be convicted and punished according to law, all provinces, autonomous regions and municipalities directly under the High People's Court according to the economic development of the region and to consider the social order, in the \; 30,000 to 50,000 yuan, \Disi Kuan amount specified, for determining the applicable original \
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A total of 2 other answers
Purpose of illegal possession of all the necessary elements of the crime of financial fraud, according to presumed perpetrator acts with the objective purpose of illegal possession easily lead to the objective blame, therefore, finds that the perpetrator must adhere to the subjective state of mind consistent with the principles of subjective and objective.
Key words Financial Fraud / Illegal Possession / illegal possession / illegal occupation / judicial presumption
First, on the subjective components of financial fraud controversy
Currently, this issue mainly in academic and substantive point of view the following:
The first view is that: the provisions of the Criminal Code expressly for the purpose of illegal possession, should be on this element; not clearly defined, and no actor should not be a subjective purpose of illegal possession of Elements. The main reasons are: (1) a manifestation of the principle of legality. Article 192 of the Criminal Code and Article 193 states the purpose of illegal possession, while in other provisions of financial fraud for the purpose of illegal possession is not indicated, this is not the legislative oversight. On the contrary intention of the legislator is no other financial fraud as to the purpose of illegal possession of all the elements of the crime. (2) Although financial fraud is a fraud from the separate common, widespread fraud but can not be used to set the subjective characteristics of the subjective characteristics of financial fraud, financial fraud of criminal law will be classified as \\(3) From the perspective of judicial practice, not limited to the subjective purpose of illegal possession for the purpose is to contribute to combating financial fraud safeguard the country's normal financial order. (Note: This is for several reasons can be found in Elohim: \magazine \
The second view is that: for the purpose of illegal possession of all financial fraud is not a prerequisite for the subjective aspects of financial fraud to illegal possession constitutes a general purpose should be as subjective element, but some form of financial fraud should not be illegal Possession for the subjective element, depending on the specific provisions of the Criminal Code. Such as from the Penal Code Article 198 the text of the insurance fraud provisions of insurance fraud can be inferred that the insured must have the purpose of illegal possession. But the \is the purpose of illegal possession or illegal occupation of the purpose of fraud constitutes a letter of credit letter of credit fraud. The main reasons are: (1) financial fraud in the \In China's financial fraud \Obtaining by deception with the purpose of illegal possession type of fraud,Provide comprehensive [link widoczny dla zalogowanych], and false statements with the type of fraud is not necessary to the purpose of illegal possession. (2) comply with the spirit of criminal law legislation. China's criminal law provisions on financial fraud focused on maintaining financial management order, requiring all financial fraud if the purpose of illegal possession with the type of financial fraud for acts of occupation can not be criminalized, it does not meet the spirit of the legislation. (Note: Erikson loyalty: \
The third point of view: financial fraud are based on the crime of illegal possession for the purpose, so that eight criminal law crime of financial fraud must, without exception, the purpose of illegal possession of a subjective element. The reasons are: (1) Regardless of the financial fraud, or the ordinary fraud, is the purpose of committing. Financial Fraud is derived from a common fraud, and since it is fraud, the perpetrator of course, has the purpose of illegal possession. (2) fund-raising fraud, Loan Fraud reason provided for the purpose of illegal possession is illegal under the Penal Code in order and deposits from the public lending crimes and crimes sharks draw a line, and the rest of the crime of financial fraud is not provided for the purpose of illegal possession because \(3) is not provided in the articles for the purpose of illegal possession of financial fraud, not the perpetrator does not require a subjective purpose of illegal possession, but that in itself is enough to show that the fraud perpetrator of illegal possession of subjective purposes. (Note: Chen Xingliang: \10. National Financial Crimes Court Work Forum (2000 20 to 22 September meeting) the minutes are clear that financial fraud is the crime of illegal possession for the purpose.)
It should be noted, the first view is that not the purpose of illegal possession of all the subjective elements of the crime of financial fraud, so that the provisions of the Penal Code in a variety of financial fraud, the only fund-raising fraud, and malicious Overdraft Loan Fraud credit card Illegal Possession of fraud to the subjective element for the establishment of crime. This view denied by most scholars. The second view of the specific provisions of articles from start to sort out all the subjective purpose of financial fraud, but it is also difficult to aggregate the legislative intent. Although the third view that the purpose of illegal possession of all the subjective elements of the crime of financial fraud, it seems with the first, as opposed to the second view, and also academics and practitioners to represent the views of the mainstream, but that the law provided for in Article a variety of fraud itself is the objective that the actor has the subjective purpose, in judicial practice to prove that the actor has no intention of illegal possession, or through the judicial presumption against the behavior of a specific situation may be presumed subjective with the purpose of illegal possession, which in fact was certainly not the purpose of illegal possession of the subjective element of the crime of financial fraud.
We believe that financial fraud is the purpose of illegal possession of constituent elements of the crime, the perpetrator does not have the subjective purpose of illegal possession, even if the implementation of the provisions of criminal law provisions of the act, can not constitute the crime of financial fraud, both follow the legislative intent requirements, but also the criminal law in a scientific and rational context, grammar, systematic interpretation of the inevitable conclusion to be drawn. The author argues that, in the identified financial fraud, in addition to objectively examine the perpetrator of a financial fraud, it also must examine whether the perpetrator of illegal possession of subjective purpose. Purpose of illegal possession that is identified must adhere to the unity of subjective and objective.