Fortune Telling Collection - Fortune-telling birth date - Is it fraud to give money voluntarily by feudal superstition?
Is it fraud to give money voluntarily by feudal superstition?
1. Is it a fraud for feudal superstition to give money on its own initiative?
Whether giving money voluntarily by feudal superstition is fraud depends on the situation:
(1) For the purpose of illegal possession, the actor uses the method of fictional facts or concealing the truth, and uses feudal superstition to defraud others to voluntarily hand over their own property, thus defrauding a large amount of public and private property, which is suspected of fraud;
(2) Giving money to fortune tellers voluntarily is not fraud.
2. The legal basis is Article 192 of the Civil Code of People's Republic of China (PRC).
If the limitation of action expires, the debtor may raise the defense of non-performance.
After the expiration of the limitation period of action, if the debtor agrees to perform it, it shall not defend itself on the grounds of the expiration of the limitation period of action; If the debtor voluntarily performs, it may not request the return.
Article 460
If the immovable property or chattel is occupied by the possessor, the creditor may request the return of the original property and its fruits; However, the necessary expenses incurred by bona fide possessors for the maintenance of immovable property or movable property shall be paid.
Second, is it fraud to use superstition to cause serious injury or death?
Using superstition to cause serious injury and death is fraud. Whoever organizes or uses a cult organization or uses superstition to deceive others, causing serious injuries or death, shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined. If the circumstances are especially serious, they shall be sentenced to fixed-term imprisonment of not less than seven years or life imprisonment, and shall also be fined or confiscated. If the circumstances are relatively minor, they shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights, and shall also or only be fined.
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