Criteria for identification of fraud on the grounds of finding a job

If the amount of fraud reaches more than 3,000 yuan, the case will be filed as the amount is relatively large.

Legal Analysis

This crime objectively manifests itself as the use of fraudulent methods to defraud large amounts of public and private property. First of all, the perpetrator committed a fraudulent act. Formally speaking, the fraudulent act includes two categories: one is fabricating facts and the other is concealing the truth; in essence, it is an act that causes the victim to fall into a wrong understanding. The content of fraud is to create a misunderstanding in the victim under specific circumstances and make the property disposition desired by the perpetrator. Therefore, whether it is fabrication or concealment of past facts, present facts or future facts, as long as the above-mentioned facts are present, content is a form of fraud. If the content of the fraud is not intended to cause the other party to dispose of property, it is not a fraud. Fraudulent behavior must reach the level that ordinary people can have misunderstandings. If the goods sold are exaggerated and do not exceed the tolerance of society, it is not fraudulent behavior. There are no restrictions on the means and methods of fraudulent behavior. It can be verbal fraud or behavioral fraud; the fraudulent behavior itself can be either an act or an omission, that is, there is an obligation to inform a certain fact, but this obligation is not fulfilled. If the other party falls into a wrong understanding or continues to fall into a wrong understanding, and the perpetrator takes advantage of this understanding to mistakenly obtain property, it is also an act of fraud.

Legal Basis

"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" Article 2 Fraud of public or private property meets the provisions of Article 1 of this Interpretation If any of the following circumstances apply, he may be severely punished in accordance with the provisions of Article 266 of the Criminal Law: (1) Publishing false information by sending text messages, making phone calls, or using the Internet, radio and television, newspapers and magazines, etc. , defrauding an unspecified majority of people; (2) defrauding disaster relief, emergency rescue, flood prevention, special care, poverty alleviation, immigration, relief, and medical funds and materials; (3) defrauding the disabled in the name of raising funds for disaster relief; (4) defrauding the disabled , the property of an elderly person or a person who has lost the ability to work; (5) causing the victim to commit suicide, become mentally disordered, or have other serious consequences. If the amount of fraud is close to the standards of "huge amount" or "particularly huge amount" stipulated in Article 1 of this Interpretation, and there is one of the circumstances specified in the preceding paragraph or if it is the leading member of a fraud group, it shall be deemed to be a fraud under Article 260 of the Criminal Law respectively. "Other serious circumstances" and "other particularly serious circumstances" stipulated in Article 6.