A friend borrowed money from everywhere and ran away with millions. Is this considered a fraud?

It may be suspected of fraud. The specific situation must be analyzed based on the actual situation and cannot be generalized.

If the borrower has no motive for such fraud at the beginning, and does not fabricate facts, but is unable to repay on time due to unexpected reasons, it can only be a civil act and can only be treated as a breach of contract. Prosecution.

Essentials for committing the crime of fraud:

1. Whether the borrower commits the crime of fraud depends on whether the borrower has illegal possession for the purpose of borrowing money. This is the key essential requirement.

In a similar situation, especially if the borrower's whereabouts are unknown and cannot be contacted, the lender can choose to call the police if it believes that the borrower has illegal possession. If the public security organ determines that the borrower's behavior does not constitute a crime, the lender can go to court to recover the debt through litigation. ?

2. Proof that the borrower fabricated the reason for the loan

The lender can require the borrower to indicate the purpose of the loan when borrowing, so the borrower should explain whether the loan will be used for that purpose. use. Similarly, when reporting a crime, if you can prove to the police that the loan was not used for the purpose originally stated, you can generally be considered suspected of committing a fraud crime.

Extended information:

Criminal punishment for fraud

1. Criminal law provisions

1. Anyone who commits this crime shall be sentenced to three years in prison The following fixed-term imprisonment, criminal detention or public surveillance, and concurrently or solely a fine;

3. If the amount is particularly huge or there are other particularly serious circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and shall also be fined or have property confiscated.

II. Judicial Interpretation

According to the "Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Fraud" (effective from April 8, 2011) Provisions: Those who defraud public or private property worth 3,000 yuan to more than 10,000 yuan, 30,000 yuan to more than 100,000 yuan, or more than 500,000 yuan shall be deemed to be "relatively large amounts" as stipulated in Article 266 of the Criminal Law. ” and “a huge amount” and “a particularly huge amount.”

Anyone who defrauds public or private property up to the above-mentioned amounts and meets any of the following circumstances may be severely punished in accordance with the provisions of Article 266 of the Criminal Law:

(1) ) To defraud an unspecified majority of people by sending text messages and making phone calls, or using the Internet, radio and television, newspapers and magazines, etc. to publish false information;

(2) Fraud in disaster relief and emergency rescue, flood prevention, special care, and poverty alleviation , immigration, relief, and medical funds;

(3) Fraud in the name of raising donations for disaster relief;

(4) Fraud against disabled people, the elderly, or people who have lost the ability to work Property;

(5) Causing suicide, mental disorder or other serious consequences to the victim.

If the amount of fraud is close to the standards of "huge amount" or "particularly huge amount" stipulated above, and falls under one of the circumstances specified in the preceding paragraph or is the leading member of a fraud group, it shall be deemed as a second-tier crime in the criminal law respectively. "Other serious circumstances" and "other particularly serious circumstances" stipulated in Article 166.

Reference: Baidu Encyclopedia-Crime of Fraud