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What should I do if I am cheated by a part-time job on Tik Tok?
"Fraud" mainly refers to the act of defrauding public and private property by fabricating facts or concealing the truth for the purpose of illegal possession. The crime of fraud has the following characteristics: 1. Subjectively, the actor is intentional and has the purpose of illegally occupying public and private property. 2. The perpetrator committed the crime of fraud. As for swindling property, whether you squander it yourself or transfer it to a third person, it will not affect the establishment of this crime. 3. It is a crime to defraud public and private property with a large amount, and it is not a crime to defraud a small amount. Whoever defrauds public or private property in a relatively large amount shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also, or shall only, be fined; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated. In practice, we should pay attention to the distinction between fraud and debt disputes: the fundamental difference between them is that the latter does not have the purpose of illegal possession, but can not be repaid temporarily for objective reasons; The crime of fraud aims at illegal possession, not because it cannot be returned for objective reasons, but because it is not intended to be repaid at all.
Legal basis:
Article 266 of the Criminal Law of People's Republic of China (PRC): Whoever defrauds public or private property in a relatively large amount shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or only be fined; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated. Where there are other provisions in this Law, such provisions shall prevail.
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