Fortune Telling Collection - Fortune-telling birth date - Is cheating a fraud?

Is cheating a fraud?

Legal analysis: it belongs to fraud and is suspected of fraud. First, the basic elements of the crime of fraud: the basic concept of the crime of fraud: the crime of fraud refers to the act of defrauding a large number of public and private property by fabricating facts or concealing the truth for the purpose of illegal possession, which should be punished by criminal law. The basic elements of the crime of fraud: (1) On the subject, the perpetrator must be a natural person who has reached the legal age of criminal responsibility and has criminal responsibility ability. (2) As far as the object is concerned, the crime of fraud must infringe on the ownership of other people's public and private property. (3) Subjectively, the actor must have the subjective intention of attempting illegal possession. (4) Objectively, the actor defrauded public and private property by fabricating facts or concealing the truth, and the amount of fraud was large, so he should be punished by criminal law.

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

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.