Is it a crime of fraud to collect money from incense?

Seeing incense and collecting money has been suspected of fraud and should be sentenced to fixed-term imprisonment of not more than three years. The crime of fraud mainly 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.

Fraud has the following characteristics:

1. Subjectively, the actor is intentional and has the purpose of illegally occupying public or private property;

2. The perpetrator committed the crime of fraud. Whether the fraudulent property is squandered by oneself or transferred to a third person does not affect the establishment of this crime;

3. It is a crime to defraud public and private property with a large amount, and it is not a crime to defraud a small amount. According to the provisions of the criminal law, those who commit fraud 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. It is worth noting that some fraud crimes, such as financial fraud and contract fraud, are specifically stipulated in other laws, and special provisions should be applied to these fraud crimes. Individuals who defraud public or private property of more than 2,000 yuan belong to a "large amount"; Individuals who defraud public or private property of more than 30,000 yuan belong to a "huge amount".

Attention should be paid to the distinction between fraud and debt disputes: the fundamental difference between them is that the latter does not have the purpose of illegal possession, but can not be repaid temporarily for objective reasons; The crime of fraud aims at illegal possession, not because it cannot be returned for objective reasons, but because it is not intended to be repaid at all.

legal ground

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