How to obtain evidence for fortune-telling fraud _ What evidence does a fortune-teller need to file a case for fraud?

Whether fortune telling is fraud depends on the situation.

1. If fortune-telling is aimed at illegal possession, then defrauding property is fraud. At the same time, a large amount constitutes a crime of fraud. Generally, he shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or only be fined;

2. 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.

The four elements of fraud are as follows:

1, object element. The object of this crime is the ownership of public and private property. Some criminal activities, 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;

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

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.

To sum up, if fortune-telling is aimed at illegal possession, it is fraud to defraud property, and a large amount constitutes fraud. Generally, they shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or only be fined.

Legal basis:

Article 266 of the Criminal Law of People's Republic of China (PRC)

If the crime of fraud defrauds public or private property, and the amount is relatively large, it shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, 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. Where there are other provisions in this Law, such provisions shall prevail.