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10657565095599 is the text message a fraud?
The elements of fraud are as follows:
1, object elements, the object of this crime is the ownership of public and private property. Some criminal activities, although they also use some deceptive means, even pursue some illegal economic interests, but because the object of their infringement is not or is not limited to the ownership of public and private property, the object of the crime of fraud is limited to the property of the state, the collective or the individual, rather than defrauding other illegal interests;
2. Objective elements: This crime is objectively manifested in the use of fraud, defrauding a large amount of public and private property, and the perpetrator has 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;
3. Subject elements: the subject of this crime is a 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: Subjectively, this crime is direct and intentional, with the purpose of illegally occupying public and private property.
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. Fraud gives the other party 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. If the other party disposes of the property due to fraud and does not cause misunderstanding, it is not a crime of fraud. The crime of fraud requires the victim to dispose of his property after falling into a wrong understanding. After the victim disposed of the property by fraudulent means, the actor obtained the property, thus damaging the victim's property.
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.
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