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Is it fraud to make up lies and borrow money?
According to the law, 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.
The elements of fraud are as follows:
1, object element. The object of the crime of economic fraud is the ownership of public and private property. Only when the ownership of public and private property is involved can it be identified as the crime of economic fraud, while some criminal activities do not belong to the scope of this crime when ownership is not involved. As far as the object of crime is concerned, the object of crime is limited to the property of the state, the collective or the individual;
2. In terms of objective elements, the property ownership is illegally obtained by fraud, but in terms of form, there are two main situations: fabricating facts, concealing the truth, and making the actor make a wrong behavior through it;
3. Subject elements: the subject of the crime of economic fraud is a general subject, as long as it is a natural person who has reached the legal age of criminal responsibility and has the ability of criminal responsibility, it can constitute this crime;
4. Subjective elements are intentional in the subjective aspect of crime, aiming at illegal possession of public and private property, so they are intentional in the subjective elements.
laws and regulations
Criminal law of the people's Republic of China
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 shall 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.
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