Is there any fraud in the return rate?

As of 20 18, 12, 1 1, repeat customers have not issued fraud announcements, so there is no fraud in repeat customers at this stage.

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Elements of fraud

1, the object elements of fraud

The object of this crime is the ownership of public and private property. Some criminal activities, although they also use some deception and even pursue some illegal economic interests, are not or are not limited to the ownership of public and private property. So it does not constitute fraud. For example, abducting and selling women and children is a crime of violating personal rights.

The object of the crime of fraud is limited to the property of the state, the collective or the individual, and no other illegal interests may be defrauded. Its goal should also exclude loans from financial institutions. Because article 193 of the criminal law has specifically stipulated the crime of loan fraud.

2, the objective elements of fraud

Objectively, this crime is manifested in the use of fraud to defraud a large number of public and private property.

First, the perpetrator committed fraud. Formally speaking, fraud includes two kinds, one is to fabricate facts, the other is to conceal the truth, both of which are essentially behaviors that make victims fall into wrong understanding. The content of fraud is to make the victim have a wrong understanding and make the property disposal that the perpetrator wants under certain circumstances. Therefore, whether it is fiction or concealment of past facts, or present facts and future facts, as long as it has the above contents, it is a kind of fraud.

Secondly, fraud makes the other party have a wrong understanding. The misunderstanding of the other party is caused by the fraud of the perpetrator. Even if the other party has some misjudgments, it does not hinder the establishment of fraud. Between fraud and the other party's disposition of property, it is bound to involve the other party's misunderstanding.

Thirdly, the establishment of the crime of fraud requires the victim to dispose of his property after falling into a wrong understanding. Property disposition includes disposition behavior and disposition intention, and this requirement is made to distinguish fraud from theft. Disposing of property is manifested as direct delivery of property, or commitment of the actor to obtain property, or commitment to transfer property interests.

Finally, after the victim disposed of the property by fraudulent means, the actor obtained the property, thus damaging the victim's property. According to Article 266 of the Criminal Law, it is a crime to defraud a large amount of public or private property.

3. The main elements of fraud.

The subject of this crime is the general subject, and any natural person who has reached the legal age of criminal responsibility and has the ability of criminal responsibility can constitute this crime.

4. Subjective elements of fraud

Subjectively, this crime is direct and intentional, with the purpose of illegal possession of public and private property.

References:

Baidu encyclopedia-fraud