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Is it a fraud to have an iou?
1. The IOU is the evidence of the relationship between creditor's rights and debts. The IOU issued through proper and legal channels is legal and valid, and the creditor has the right to claim the creditor's rights against the debtor according to the IOU, which is not considered as fraud. 2. The crime of fraud refers to the act of defrauding a large amount of public or private property by fictional facts or concealing the truth for the purpose of illegal possession. The object of the crime of fraud is not to defraud other illegal interests. Its target should also exclude loans from financial institutions. It is generally believed that the basic structure of this crime is: the actor commits fraud for the purpose of illegal ownership → the victim has a wrong understanding → the victim disposes of the property based on the wrong understanding → the actor obtains the property → the victim suffers the loss of the property. Legal objectivity:
Article 266 of the Criminal Law of the People's Republic of China defrauds public or private property, and if the amount is relatively large, he 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 1 years or life imprisonment, and shall also be fined or confiscated.
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