Taiyuan 65438+February fortune-telling fraud case

Fortune telling is not fraud. 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, not reaching 3000 yuan, which does not constitute a crime of fraud, but it violates 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.

What are the constitutive elements of fraud?

1, the object of fraud is the ownership of public and private property;

2. The crime of fraud is objectively manifested in the use of fraud to defraud a large amount of public and private property;

3. The subject of the crime of fraud is the general subject;

4. The crime of fraud is subjectively intentional.

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.