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Is there any fraud in the recruitment of Jinsheng Media?
the crime of fraud refers to the act of defrauding a large amount of public or private property by fabricating facts or concealing the truth for the purpose of illegal possession. The object of the crime of fraud is not to defraud other illegal interests. Its target should also exclude loans from financial institutions. Because this law has specifically stipulated the crime of loan fraud in Article 193.
It is generally believed that the basic structure of this crime is: the actor commits fraud for the purpose of illegal ownership → the victim has a wrong understanding → the victim disposes of the property based on the wrong understanding → the actor obtains the property → the victim suffers losses in the property.
article 266 of the criminal law stipulates that 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 1 years or life imprisonment, and shall also be fined or confiscated. Where there are other provisions in this Law, such provisions shall prevail.
According to the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Fraud Cases, 1. According to the provisions of Articles 151 and 152 of the Criminal Law, defrauding public or private property in a large amount constitutes fraud. Individuals who defraud public or private property of more than 2, yuan belong to a "large amount"; Individuals who defraud public or private property of more than 3, yuan belong to a "huge amount".
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