Borrowing is a common economic behavior, but the credit risk that comes with it cannot be ignored. When a person deliberately "blackmails" the borrower after borrowing money, that is, cutting off all *** to avoid repaying the debt, whether this behavior constitutes fraud becomes a worthwhile question.
Fraud, in law, refers to the act of using fictitious facts or concealing the truth to defraud others of their property. If a person has a premeditated non-repayment at the time of borrowing money and deceives the lender by making false statements or promises, then the act of borrowing money and then blocking it can be considered fraud. This is because the act meets the essential elements of fraud: the existence of deception, the loss of the victim's property, and the perpetrator's purpose of unlawful possession.
If the borrower is unable to repay the loan for various reasons after borrowing the loan, and does not choose to block the lender out of subjective malice, although this practice violates the principles of morality and credit, it does not necessarily constitute the crime of fraud. In this case, the lender may recover the debt by way of a civil lawsuit.
Regardless of whether it constitutes fraud or not, the act of borrowing money and then blacking out is a serious challenge to personal integrity and social morality. It not only harms the property rights and interests of others, but also undermines the foundation of trust in society. Therefore, even if the law may not be able to prosecute the crime of fraud, the borrower should still bear the corresponding civil liability and moral condemnation.
Deliberately blocking a borrower after borrowing money may constitute a crime of fraud if it is accompanied by fraudulent intent. However, if the blackout is only caused by insolvency, although it does not constitute fraud, it still needs to bear the corresponding civil liability. As members of society, we should cherish our personal reputation, abide by the spirit of the contract, be honest, and jointly maintain a healthy and orderly economic and social order.