Fortune Telling Collection - Comprehensive fortune-telling - Credit fortune-telling fraud _ credit fortune-telling fraud?
Credit fortune-telling fraud _ credit fortune-telling fraud?
Running in arrears is not a crime, and running in arrears does not constitute fraud. If the debtor does not have the purpose of illegal possession, but can't repay it on time due to objective reasons, it belongs to a civil dispute case, and only bears the responsibility of civil repayment, and can apply for enforcement. Debtor's escape involves the difference between private lending disputes and fraud. A key factor to distinguish private lending disputes from fraud crimes is whether the money obtained by the actor has the purpose of illegal possession. If for the purpose of illegal possession, after defrauding others of money through fictional facts, it is often manifested as absconding with money or profligacy, which is suspected of fraud; In a proper lending relationship, the debtor does not have the purpose of illegal possession, but due to objective reasons, it is a civil dispute case and only bears the civil repayment responsibility.
Article 224th of the Criminal Law of People's Republic of China (PRC) is under any of the following circumstances. Whoever, for the purpose of illegal possession, defrauds the other party of property in the process of signing and performing a contract, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also or 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:
(1) Signing a contract in the name of a fictitious unit or others;
(2) Using forged, altered or invalid bills or other false certificates of property rights as collateral.
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