A Study On The Difficult Problems Of Fraud

In this paper, from the same cases in the judicial practice conviction different phenomena, some problems of the crime of fraud of the study. For the purpose of illegal possession is not a crime of fraud of the necessary elements, such as actor play just for revenge, jealous, motivation, to deceive the victim will be dumped, relatively large property damage, also should according to the crime of fraud of the punishment. Essence of a crime, the crime of fraud and theft in order to make property shift key behaviors and the victim whether voluntary delivery of goods. Practice often borrow cell phone case shall be deemed to be fraud, rather than a theft or robbery crime. Of accomplished crime of fraud, if the offender for illegal possession for the purpose, on the basis of control and relatively large said; If the offender is intended to make property from the victim to spiral out of control and relatively large said as the standard. Went to Chinese telecommunication fraud over punishment, it is suggested that modify the crime of fraud of the criminal law will be "serious" and the relatively large class. On the amount, when only attempted, refers to the behavior person to carrying out the amount of fraud and has; When only then, a seemingly real amount or out of control of the victim; When there are both attempted and accomplished, attempted respectively refers to the amount and the amount of accomplished, actor actual amount or from the victim control for comparison with amount, intention of fraud amount minus the amount with one for the attempted amount. Decided that the large amount of credit card crime of fraud in the judicial practice are on the ATM, so machine could not be cheat statement already breakthrough by judicial practice in our country, we have to admit that some machines at least bank automatic teller machines can be fooled.