Does fortune telling money constitute fraud?

Fortune-telling is not illegal and does not harm social and national interests. But if you encourage others to commit crimes, or infringe on the social interests of others and the country, it is a crime and constitutes a joint crime. If you are slandered, it is actually a violation of your personal rights. However, according to China's laws, only those who cause harm will be investigated for civil liability, otherwise it will not constitute a crime. I suggest you refer to the general principles of civil law. This is actually not illegal.

Constitutive conditions of fraud

1, object element

The object of this crime is the ownership of public and private property. Some illegal acts, although they also use some deception and even pursue some illegal economic interests, are not or are not limited to the ownership of public and private property. So it does not constitute fraud. For example, abducting and selling women and children is a crime of violating personal rights.

The object of the crime of fraud is limited to the property of the state, the collective or the individual, and no other illegal interests may be defrauded. Its object should also exclude loans from financial institutions. Because the crime of loan fraud has special provisions.

2. Objective factors

Objectively, this crime is manifested in the use of fraud to defraud a large number of public and private property.

First, the perpetrator committed fraud. Formally speaking, fraud includes two kinds, one is to fabricate facts, the other is to conceal the truth, both of which are essentially behaviors that make victims fall into wrong understanding. The content of fraud is to make the victim have a wrong understanding and make the property disposal that the perpetrator wants under certain circumstances. Therefore, whether it is fiction or concealment of past facts, or present facts and future facts, as long as it has the above contents, it is a kind of fraud. If the fraudulent content does not make them dispose of their property, it is not fraudulent fraud. Fraud must reach the point where ordinary people can have a wrong understanding and exaggerate the goods they sell. If it is not beyond the tolerance of society, it is not fraud. There are no restrictions on the means and methods of fraud, which can be either verbal fraud or behavioral fraud (fraud itself can be either an act or an omission, that is, there is an obligation to inform a certain fact, but the failure to fulfill this obligation makes the other party fall into a wrong understanding or continue to fall into a wrong understanding), and it is also fraud for the actor to use this wrong understanding to obtain property.

Secondly, fraud makes the other party have a wrong understanding. The misunderstanding of the other party is caused by the fraud of the perpetrator. Even if the other party has some misjudgments, it does not prevent the fraud from being established. Between fraud and the other party's disposition of property, it is bound to involve the other party's misunderstanding. If the other party disposes of the property due to fraud and does not cause misunderstanding, it is not a crime of fraud. As long as the fraudulent party asks for the person who has the authority or status to dispose of the property, he should not ask for the owner or possessor of the property. The behavior that the actor brings a civil lawsuit to provide false statements and false evidence to make the court make a judgment in favor of him, so as to obtain property is called litigation fraud, but it does not belong to the crime of fraud (for details, please refer to the Reply on How to Apply the Law to Deceive the Civil Judge of the Court to Possess Other People's Property by Forging Evidence issued by the Legal Policy Research Office of the Supreme People's Procuratorate on June 5438+1October 4, 2002).

Thirdly, the establishment of the crime of fraud requires the victim to dispose of his property after falling into a wrong understanding. Property disposition includes disposition behavior and disposition intention, and this requirement is made to distinguish fraud from theft. Disposing of property is manifested as direct delivery of property, or commitment of the actor to obtain property, or commitment to transfer property interests. If the perpetrator commits fraud and makes others give up their property, and the perpetrator picks up the property, he should also be punished as fraud. However, the act of putting a piece of metal similar to a coin into a vending machine to obtain goods in the vending machine does not constitute fraud, but only theft.

Finally, after the victim disposed of the property by fraudulent means, the actor obtained the property, thus damaging the victim's property. According to Article 266 of the Criminal Law, it is a crime to defraud a large amount of public or private property. According to the latest judicial interpretation of 20 10 165438 adopted at the 49th meeting of the 11th supervisory committee of the Supreme People's Procuratorate, the amount of fraud is relatively large, ranging from 3000 yuan to 10000 yuan. Attempted fraud, if the circumstances are serious, should also be convicted and punished according to law.

In addition, it should be noted that the crime of fraud is not limited to cheating tangible things, but also includes cheating intangible things and property interests. According to the relevant provisions of Article 2l0 of the Criminal Law, it is a crime of fraud to defraud special VAT invoices or other invoices that can be used to defraud tax refund and tax deduction.

3. Main elements

The subject of this crime is the general subject, and any natural person who has reached the legal age of criminal responsibility and has the ability of criminal responsibility can constitute this crime.

4. Subjective factors

Subjectively, this crime is direct and intentional, with the purpose of illegal possession of public and private property.

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.