Is the short message starting with +86 a fraud?

Whether the short message at the beginning of +86 is fraudulent depends on the content of the short message. 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. 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 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 the object of the crime of violating personal rights, which is limited to the property of the state, the collective or the individual, rather than defrauding other illegal interests. Its goal should also exclude loans from financial institutions;

2, objective elements, this crime is objectively manifested in the use of fraud, defrauding a large amount of public and private property. First of all, the perpetrator committed fraud, which includes two forms: one is to fabricate facts, the other is to conceal the truth; Essentially, it is an act that makes the victim fall into a wrong understanding. The content of fraud is that under certain circumstances, the victim will have a wrong understanding and make the property disposal that the perpetrator hopes. Therefore, it is a kind of fraud to fabricate or conceal past facts, or present facts and future facts, as long as they have the above contents;

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

legal ground

Criminal law of the people's Republic of China

Article 266 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 shall 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.