Huanghua fortune-telling pinch _ Huanghua fortune-telling street

Is fortune telling a fraud? If you charge 2000 yuan, will you go to jail?

Don't belong. Fraud refers to the act of defrauding a large amount of public or private property by fabricating facts or concealing the truth for the purpose of illegal possession. The amount is small and does not reach 3000 yuan, which does not constitute the crime of fraud. However, it violates the social order. According to the relevant laws and regulations, he was detained for 5 ~ 15 days, and the maximum fine was 1000 yuan. However, if the accumulated amount of fraud exceeds 3,000-5,000, criminal responsibility for the crime of fraud may be investigated.

Legal analysis

Fraud of public and private property refers to the act of defrauding a small amount of public and private property by fictional facts or concealing the truth for the purpose of illegal possession.

(1) The subject of this behavior is a general subject, that is, a natural person who has reached the age of responsibility and has the ability to be responsible. The goal of this law is the ownership of public and private property. The object of infringement is all kinds of property, including the property of the state, the collective and the individual. It does not constitute this act to defraud other illegal interests by fraudulent means such as forging documents and defrauding marriage.

(2) This kind of behavior is objectively manifested as the act of defrauding a small amount of public and private property by fabricating facts or concealing the truth, which makes the property owners and managers have the illusion and believe it. Fictitious fact refers to fabricating non-existent facts to cheat the trust of the infringed. Fiction can be partial fiction or complete fiction.

Concealing the truth means hiding some objective facts from the infringed person, so as to trick the infringed person into surrendering his own property. Making use of fictional facts or concealing the truth to make the owners, holders and managers of the property have the illusion of believing, and thus "voluntarily" hand over the property, which is the main feature that fraud is different from theft, extortion and robbery. Because the actor used deception, the infringed person did not realize that his property rights had been infringed, and generally mistakenly thought that the actor was helping himself or cooperating with each other. On the surface, the infringed person "voluntarily" handed over the property, which actually violated his true will.

(3) There are various forms and means to defraud other people's property, including: fabricating lies and impersonating identity to defraud property; Forging, altering documents and impersonating property; Forging official documents and certificates to defraud property; In the name of helping to look after and carry goods, defrauding property; Seduce in the name of love, marriage, career introduction, etc. , defrauding property; Using organizations, cult organizations and other deceptive means to collect other people's property.

(4) According to relevant laws and regulations, those who defraud public or private property shall be detained for more than 5 days 10 days, and may also be fined up to 500 yuan; If the circumstances are serious, he shall be detained for more than 10 and less than 15, and may also be fined less than 1000 yuan. If the circumstances are serious, it means that the amount of fraud is close to the criminal standard, or public or private property has been defrauded many times.

legal ground

Article 49 of the Law of People's Republic of China (PRC) on Public Security Administration Punishment: Anyone who steals, swindles, robs, robs, extorts or intentionally damages public or private property shall be detained for more than five days and less than ten days, and may also be fined less than 500 yuan; If the circumstances are serious, he shall be detained for more than 10 and less than 15, and may also be fined less than 1000 yuan.