Criminal crime of fortune-telling scam _ How to judge the criminal crime of fortune-telling scam

Does online fortune-telling charge count as fraud?

Legal analysis: 1. Normal labor costs are not illegal. However, a large amount or other serious adverse effects may constitute a crime. 2. The actor's online fraud meets the following four elements, which constitutes the crime of fraud: (1) The object of the crime of fraud is the ownership of public and private property. (2) The crime of objective elements fraud is objectively manifested in the use of fraud to defraud a large amount of public and private property. (III) Subject Elements The subject of this crime of fraud is a 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) The subjective elements of the crime of fraud have direct intention in the subjective aspect.

Legal basis: Criminal Law of People's Republic of China (PRC).

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 solely be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years, and shall also 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 192 Whoever illegally raises funds by fraudulent means for the purpose of illegal possession shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; if the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than seven years or life imprisonment and shall also be fined or confiscated.

If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph.