Isn't it still fraud to borrow money from fictional facts?

Fictitious facts, borrowing money is not fraud.

For the purpose of illegal possession, the actor borrows money to defraud the other party's property by fabricating facts and concealing the truth, which belongs to fraud.

The punishment standards for fraud are as follows:

1. Minor fraud: fraud involving an amount below 500 yuan or with minor circumstances is minor fraud. According to the regulations, criminals with minor fraud circumstances may be sentenced to criminal detention, public surveillance, fines and other light punishments or warnings and fines;

2. General fraud: fraud involving more than 5,000 yuan in 500 yuan, or fraud with serious circumstances, belongs to general fraud. According to the regulations, criminals who generally cheat may be sentenced to criminal detention, public surveillance, fixed-term imprisonment and other penalties;

3. Major fraud: if the amount of fraud is more than 5,000 yuan, or if the circumstances are particularly serious, it is a major fraud. According to the regulations, criminals who commit major fraud may be sentenced to fixed-term imprisonment, life imprisonment or death penalty.

The elements of fraud are as follows:

1, deception: fraud must obtain other people's property by deception. Deception means can be fictional facts, concealing the truth, forging documents, using false identities, etc. In order to mislead others.

2. Transfer of property: Fraud requires the transfer of the property involved. That is, criminals make others give themselves or others property by deception, so as to realize illegal possession;

3. Subjective intention: fraud requires subjective intention, that is, criminals knowingly obtain property by deception and deliberately commit deception;

4. Amount involved: The amount involved is an important factor, which can affect the characterization and criminal punishment of fraud. Different amounts involved will lead to different criminal responsibilities and penalties.

To sum up, the purpose of illegal possession constitutes fraud. Fraud refers to the act of defrauding a large amount of public and private property by fabricating facts or concealing the truth for the purpose of illegal possession.

Legal basis:

Article 266 of the Criminal Law of People's Republic of China (PRC)

If the crime of fraud defrauds public or private property, and the amount is relatively large, it 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.