Is it fraud to misappropriate the customer's payment?

According to the relevant regulations, misappropriation of contract funds meets the constitutive requirements of the crime of misappropriation of funds, so it is likely to be identified as the crime of misappropriation of funds; And if you take advantage of the opportunity to sign a contract with others and illegally take the finance for yourself, it may constitute the crime of contract fraud.

1. Whoever cheats public or private property to the amount standard specified in Article 1 of this Interpretation, under any of the following circumstances, may be given a heavier punishment as appropriate:

1. Publish false information by sending short messages, making phone calls or through the Internet, radio and television, newspapers and magazines, etc. , fraud is not specific to most people;

2. defrauding disaster relief, emergency rescue, flood control, special care, poverty alleviation, immigration, relief and medical funds and materials;

3. Fraud in the name of disaster relief fund-raising;

4. defrauding the disabled, the elderly or the disabled;

5. Causing the victim to commit suicide, mental disorder or other serious consequences.

Two, although the fraud of public or private property has reached the standard of "a large amount", but under any of the following circumstances, and the perpetrator pleaded guilty and repented, not to prosecute or be exempted from criminal punishment:

1. With the circumstances of legal lenient punishment;

2. Before the verdict is pronounced in the first instance, refund all the stolen money and goods;

3. Not participating in the distribution of stolen goods or getting less stolen goods, not being the principal offender;

4. Victim's understanding;

5. Other minor and harmless circumstances.

Three, one of the following circumstances, it should be recognized as "other serious circumstances" as stipulated in Article 266 of the Criminal Law, and convicted and punished for fraud (attempted):

1. Send more than 5,000 fraudulent short messages;

2. Make fraudulent phone calls for more than 500 times;

3. Fraudulent means and serious harm.

Legal basis:

Criminal law of the people's Republic of China

Article 272 Any employee of a company, enterprise or other unit who, by taking advantage of his position, misappropriates the funds of his own unit for personal use or lends them to others, and the amount is relatively large, which has not been paid back for more than three months, or is engaged in profit-making activities or illegal activities for less than three years, shall be sentenced to fixed-term imprisonment or criminal detention; Whoever misappropriates a huge amount of funds from his own unit shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; If the amount is especially huge, he shall be sentenced to fixed-term imprisonment of not less than seven years. Personnel engaged in public service in state-owned companies, enterprises or other state-owned units and personnel appointed by state-owned companies, enterprises or other state-owned units to engage in public service in non-state-owned companies, enterprises and other units who commit the acts mentioned in the preceding paragraph shall be convicted and punished in accordance with the provisions of Article 384 of this Law. Whoever commits the act mentioned in the first paragraph and returns the misappropriated funds before initiating public prosecution may be given a lighter or mitigated punishment. Among them, if the crime is minor, the punishment may be mitigated or exempted.