Law Popularization Class: The Difference Between the Crime of Fraud and the Crime of Embezzlement.
In our daily lives, we often hear the terms "fraud" and "embezzlement", but many people are not clear about the difference between these two crimes. Today, let's popularize the law together and understand the main difference between the crime of fraud and the crime of embezzlement.
The crime of fraud is the act of defrauding others of a relatively large amount of property by fabricating facts or concealing the truth for the purpose of illegal possession. The crux of this kind of conduct lies in the fact that the perpetrator uses deceptive means to mislead the victim into a false perception, so that he "voluntarily" hands over the property to the perpetrator. For example, if someone impersonates a police officer and defrauds others of money in the name of a fine, it is a typical crime of fraud.
The crime of embezzlement, on the other hand, refers to the act of illegally taking possession of another person's property, forgotten or buried property that is in custody for oneself, and refusing to return the property of another person in the custody of another person, and refusing to return it to a relatively large amount. This type of conduct is characterized by the fact that when the victim hands over the property to the perpetrator, it is based on trust in the perpetrator or some kind of business relationship, and not because he has been deceived. For example, if a clerk takes possession of goods in the store without permission, it is a crime of misappropriation.
It should be noted that, although it has been argued that the delivery of property for the crime of fraud occurs after the perpetrator has the criminal intent, while the delivery of the property for the crime of embezzlement occurs before the criminal intent arises, this should not be used as the main basis for distinguishing between the two crimes. Because the criminal law does not punish thought criminals, but distinguishes different criminal acts on the basis of objective facts.
In general, the main difference between the crime of fraud and the crime of embezzlement is the mode of conduct, the object of the act, and the legal consequences. The crime of fraud is a public prosecution case, while the crime of embezzlement is a private prosecution case. Understanding these differences can help us better protect our legitimate rights and interests in our daily lives and prevent the occurrence of criminal acts. At the same time, it also helps us to understand the legal provisions more accurately and jointly create a harmonious and safe social environment.