Is it fraud to buy a car on credit and sell it privately?

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

As long as two conditions are met, the case constitutes fraud:

First, the suspect aims at illegal possession.

Second, the suspect fabricated some facts or concealed some situations. Judging from the situation you described, the suspect's fraud is regarded as established.

The people's court of our country regards the criminal suspect suspected of fraud as the constitutive elements of the crime, including: the subject is the general subject; Subjective aspect is intentional; The object of infringement is the ownership of public and private property; Objectively speaking, it is the act of defrauding a large number of public and private property by fraud.

Economic disputes are

Economic disputes refer to the rights and interests disputes arising from the contradiction between economic rights and obligations among market economic entities, including disputes involving economic content between medium-sized entities and disputes involving economic content between citizens, legal persons or other organizations as administrative counterparts and administrative organs due to administrative management.

There are two kinds of economic disputes:

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

Second, economic infringement disputes; Such as intellectual property rights (such as patents and trademarks) infringement disputes, ownership infringement disputes and management rights infringement disputes. In the market economy, contract is a legal and universal form in which equal market subjects establish trading relations, jointly implement trading behaviors, and pursue and realize economic goals. Therefore, contract disputes are the main part of economic disputes.

Fraud is a legal civil dispute, which aims at illegal possession, defrauds the victim's property by fraudulent means or taking advantage of the victim's ignorance. The core difference between the two sides is subjective purpose and objective means: the subjective purpose of fraud is illegal possession, but economic disputes are not; Among the objective means, fraud is a means of deceiving or concealing facts, while economic disputes are legitimate acts. Generally speaking, the two are easily confused, which is a typical problem of borrowing money and not paying it back. How to define economic disputes or fraud is really hard to say. However, according to the unquestionable principle in China's current criminal law, in the case that fraud and economic disputes cannot be distinguished and there is no evidence to prove fraud, the conclusion should be based on economic disputes. In lending, how to determine whether it is fraud? In fact, in some cases, this can also be distinguished. For example, A borrowed100,000 from B, saying that it was a business investment and owed money, but it was actually used to pay off gambling debts and spend money on its own. In this case, A didn't intend to return the money to B at the beginning, just to keep the money for his own use, so he lied that he needed turnover in his business and borrowed money from B. In this case, even if there was an iou, A's behavior constituted fraud. However, if A really borrows money to invest, but his business is not smooth, then even if A can't repay it after the maturity, it can't be considered as another kind of economic dispute, that is, in economic disputes, both parties have their own rights and obligations, not in fraud.

legal ground

Criminal law of the people's Republic of China

Article 266 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 shall 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.

Article 122 A prosecution must meet the following conditions:

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

(2) Having a clear defendant;

(3) Having specific requests, facts and reasons;

(4) It falls within the scope of civil litigation accepted by the people's court and is under the jurisdiction of the sued people's court.