Fortune telling fraud in luoyang net, Henan _ Fortune telling fraud in luoyang net, Henan

Whether fortune-telling fraud is fraud generally depends on the situation:

1. Whoever defrauds public or private property with a value of more than 3,000 yuan but less than 10,000 yuan shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also, or shall only, be fined;

2. Whoever defrauds public or private property with a fortune-telling value of more than 30,000 yuan but less than 100,000 yuan shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and fined;

3. Whoever swindles public or private property with a fortune-telling value of more than 500,000 yuan shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated.

The crime of fraud is identified as follows:

1, the boundary between fraud and lending. For some reason, if the borrower fails to pay back for a long time, or fabricates a lie or conceals the truth to defraud money and materials, and cannot repay them at maturity, as long as there is no purpose of illegal possession, no profligacy, no breach of contract, no fraud or deception, and there is a definite intention to repay, it still belongs to a loan dispute and does not constitute a crime of fraud;

2. The boundary between the crime of fraud and the act of defaulting on payment on behalf of others. In the name of buying goods in short supply on behalf of others, taking the payment without buying anything, misappropriating the payment without authorization, defaulting on repayment, etc., we should focus on its real purpose, the relationship between the two parties, the cause of the incident, the specific behavior of the agent, the plot and consequences of breach of contract, and correctly judge whether it has the intention of illegal possession. If you can obviously want to buy it, but you still want to return it because you can't buy it for misappropriation, you can't be punished as fraud. Fraud in the name of purchase, defrauding a large amount of property, profligacy, no intention to return, and inability to return, should be punished as fraud;

3. The boundary between fraud and fund-raising enterprises concealing debts due to losses. If it is indeed a fund-raising enterprise, but because of poor management, loss of debt, going out to avoid debt, or property debt disputes. This is essentially different from fraudsters who abscond with money for the purpose of illegal possession in the name of raising funds to run enterprises.

Legal basis: Article 266 of the Criminal Law of People's Republic of China (PRC).

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.