The crime of fraud refers to the use of deceptive methods for the purpose of illegal possession to defraud a relatively large amount of public or private property.
1.Subjective intentionality.
To determine the crime of fraud, it is first necessary to determine whether the perpetrator has the purpose of illegal possession. If the perpetrator did not have the purpose of unlawful possession, but for joking or other purposes, it does not constitute the crime of fraud.
2.Fabricating facts or concealing the truth.
The offence of fraud requires the perpetrator to commit fraud, including fabricating facts or concealing the truth. If the perpetrator did not commit the fraudulent act, or if there is no causal link between the fraudulent act and the victim's damage, the crime of fraud is not constituted.
3.The other party falls into a misunderstanding and disposes of property.
The crime of fraud requires the victim to fall into a misunderstanding and dispose of property because of the fraudulent act of the perpetrator. If the victim did not fall into a misunderstanding and disposed of the property, or if the perpetrator did not receive the property, the crime of fraud is not constituted.
4.The amount is larger.
The crime of fraud requires that the amount of property obtained by fraud is relatively large. According to the "Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases of Fraud", the standard for relatively large amounts is 3,000 yuan to 10,000 yuan or more, 30,000 yuan to 100,000 yuan or more, and 500,000 yuan or more. The specific amount standards are to be determined by the local high people's courts on the basis of the level of local economic development.
1.*Swindle.
*Fraud refers to the criminal act of fabricating false information, setting up **, remote, non-contact fraud on the victim through **, network and text messages, and inducing the victim to make money or transfer money. Common methods include impersonating the public procuratorate, impersonating a bank, and winning a lottery falsely. In order to prevent fraud, you should not trust strange calls, do not disclose personal information, and report to the police in time when encountering suspicious situations.
2.Cyber scams.
Internet fraud refers to the use of network, communication and other technical means to fabricate false information, set up **, carry out remote and non-contact fraud on the victim, and induce the victim to make money or transfer money. Common tactics include phishing, fake transactions, etc. In order to prevent online fraud, you should not trust unfamiliar links, emails, etc., pay attention to protecting personal information and account security, and report to the police in a timely manner when encountering suspicious situations.
3.SMS scams.
SMS fraud refers to the criminal act of fabricating false information, setting up **, remote, non-contact fraud on the victim by sending SMS, MMS or using mobile phone application software, etc., to induce the victim to make money or transfer money. Common methods include impersonating banks, fake lottery wins, etc. In order to prevent SMS fraud, you should not trust the content of unfamiliar text messages, pay attention to identify the links and attachments in the text messages, and report to the police in time when encountering suspicious situations.
1.Report the case in a timely manner.
If you find that you have been deceived, you should report the case to the public security organ as soon as possible and provide relevant evidence and information. When reporting the case, you should give a detailed description of the information such as the deceived process, the other party's *** and bank account number.
2.Preserve the evidence.
After being deceived, you should keep relevant evidence, such as transfer records, chat records, and the other party. This evidence will help the public security organs to investigate and collect evidence.
3.Contact your bank or payment platform customer service.
If you find that the defrauded funds are transferred out through the bank or payment platform, you should contact the customer service of the bank or payment platform in time to apply for stopping the payment or freezing the other party's account. Some banks and payment platforms offer services for the return of defrauded funds, subject to certain conditions.