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Can it be defined as a crime of fraud if you don't pay back the money you owe?

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Can it be defined as a crime of fraud if you don't pay back the money you owe?


        

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  • 2024-06-14 09:00:55

    Can it be defined as a crime of fraud if you don't pay back the money you owe?
    Can it be defined as a crime of fraud if you don't pay back the money you owe? General arrears belong to civil disputes. Whether it is a crime of fraud depends on whether he has fraud facts. The definition of the crime of fraud and the relevant judicial interpretation of the crime of fraud refer 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. It is generally believed that the basic structure of the crime is: the perpetrator commits fraud for the purpose of illegal ownership → the victim has a wrong understanding → the victim disposes of property based on the wrong understanding → the perpetrator obtains property → the victim suffers property losses. The Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Some Issues Concerning the Specific Application of Law in Handling Criminal Cases of Fraud (implemented on April 8, 2011) stipulates that those who defraud public and private property with a value of more than 3000 yuan to 10000 yuan, 30000 yuan to 100000 yuan or more, and 500000 yuan or more shall be identified as "relatively large" in Article 266 of the Criminal Law And "huge amount", "especially huge amount". Article 266 of the Criminal Law stipulates that anyone who swindles public or private property, if the amount is relatively large, 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 if there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined; If the amount is especially huge or if 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 sentenced to confiscation of property. Where this Law provides otherwise, such provisions shall prevail. Article 88 of the Criminal Law stipulates that those who evade investigation or trial after the people's procuratorate, public security organ or national security organ files a case for investigation or after the people's court accepts the case shall not be subject to the limitation of prosecution period. If the victim files a complaint within the time limit for prosecution and the people's court, the people's procuratorate or the public security organ should file a case but should not, the time limit for prosecution shall not apply. Do you understand this explanation?

    Sen***

    2024-06-14 09:00:55

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