What is the crime of pretending to be a celebrity online to deceive fans' feelings?

The crime of fraud (Article 266 of the People's Republic of China and the Criminal Law of the People's Republic of China) refers to the act of defrauding a relatively large amount of public or private property by fabricating facts or concealing the truth for the purpose of illegal possession.

This crime is objectively manifested as using fraudulent methods to defraud large amounts of public and private property.

First of all, the perpetrator committed fraud. Formally speaking, there are two types of fraud: one is fabricating facts, and the other is concealing the truth. In essence, both are behaviors that lead the victim to fall into a wrong understanding. The content of the fraud is to cause the victim to have a wrong understanding under specific circumstances and make the property disposition desired by the perpetrator. Therefore, whether it is fiction or concealment of past facts, present facts or future facts, as long as it has the above content, it is an act of fraud. If the fraudulent content does not enable them to make property dispositions, it is not a fraud crime. 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 an act or an omission, that is, there is an obligation to inform a certain fact, but this obligation is not fulfilled, causing the other party to fall into a wrong understanding or continue to fall into a wrong understanding), and if the perpetrator takes advantage of this understanding to mistakenly obtain property, it is also an act of fraud. According to Article 300 of the Criminal Law, anyone who organizes and uses sects, cult organizations, or uses superstition to defraud property will be punished with the crime of fraud.

Secondly, fraudulent behavior causes the other party to have a wrong understanding. The other party's misunderstanding is caused by the perpetrator's fraudulent behavior. Even if the other party makes certain errors in judgment, it does not prevent the establishment of the fraudulent behavior. Between the act of fraud and the other party's disposition of property, the other party's misunderstanding must be interposed. If the other party does not dispose of property due to misunderstanding caused by fraud, the crime of fraud will not be committed. The other party to the fraud only needs to be a person with the authority or status to dispose of the property, and does not necessarily need to be the owner or possessor of the property. The act of an actor using civil litigation as a means to provide false statements and present false evidence to get the court to make a judgment in his favor and thereby obtain property is called litigation fraud, but it does not constitute the crime of fraud (see the Law of the Supreme People's Procuratorate for details) Policy Research Office, October 14, 2002, "Reply on how to apply legal issues to the act of defrauding the court of civil judgment and possessing other people's property by forging evidence").

Again, establishing the crime of fraud requires the victim to make property disposition after falling into a misunderstanding. Property disposition includes the act of disposition and the intention of disposition. This requirement is made to distinguish the crime of fraud from the crime of theft. The disposal of property is expressed by directly delivering the property, or promising the perpetrator to obtain the property, or promising to transfer property interests. If the perpetrator commits a fraudulent act and causes others to give up their property, and the perpetrator picks up the property, he shall also be punished for the crime of fraud. However, the act of inserting a metal piece similar to a coin into a vending machine to obtain the goods in the vending machine does not constitute the crime of fraud, but can only constitute the crime of theft.

Finally, after the victim’s property is disposed of through fraud, the perpetrator obtains the property, thus causing damage to the victim’s property. According to Article 266 of the Criminal Law, only defrauding public or private property in a relatively large amount constitutes a crime. According to the latest judicial interpretation passed at the 49th meeting of the 11th Supervisory Committee of the Supreme People's Procuratorate on November 24, 2010, the amount of the crime of fraud is relatively large, starting from 3,000 yuan to more than 10,000 yuan. If the fraud is attempted and the circumstances are serious, he should also be convicted and punished in accordance with the law.

In addition, it should be noted that the crime of fraud is not limited to defrauding tangible objects, but also includes defrauding intangible objects and property interests. According to the relevant provisions of Article 210 of the Criminal Law, anyone who uses deceptive means to defraud special value-added tax invoices or other invoices that can be used to defraud out-of-town tax refunds or tax deductions shall be guilty of fraud.

Subject Requirements: The subject of this crime is a general subject. Any natural person who has reached the legal age of criminal responsibility and has the ability to commit criminal responsibility can commit this crime.

Subjective elements: The subjective aspect of this crime is direct intention and the purpose of illegally possessing public and private property.

The judicial interpretation is based on the provisions of the "Interpretations 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" (effective from April 8, 2011) [2]: Fraud of public and private property Those with a value of 3,000 yuan to more than 10,000 yuan, 30,000 yuan to more than 100,000 yuan, and more than 500,000 yuan shall be deemed as "relatively large amount" or "huge amount" as stipulated in Article 266 of the Criminal Law respectively. , "The amount is particularly huge."

Whoever defrauds public or private property up to the above-mentioned amounts and falls under 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, making phone calls, or using the Internet, radio and television, newspapers and magazines, etc. to publish false information

(2) Fraud for disaster relief, emergency rescue, flood prevention, special care, poverty alleviation, Immigration, relief, and medical funds

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

(4) Fraudulent persons with disabilities, the elderly, or people who have lost the ability to work

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

If the amount of fraud is close to the "huge amount" or "particularly huge amount" standards 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 determined as a second-tier crime in the criminal law. "Other serious circumstances" and "other particularly serious circumstances" stipulated in Article 166.