Judicial Determination Of The Spot Electronic Trading Fraud

Since the 21st century,the combination of the Internet and the market economy has become increasingly close,giving birth to many emerging industries.Traditional commodity spot delivery has also stood on the "Internet+" outlet.Spot electronic trading is becoming a new mainstream in the commodity spot market.The transaction model has promoted the rapid development of the spot market.However,in recent years,criminal cases involving spot electronic trading have also tended to increase,and criminal cases of spot electronic trading fraud have surged.Spot electronic trading fraud,as a new manifestation of telecom network fraud,has the basic characteristics of cyber fraud crimes involving a wide area,large amount of cases,and many victims,and has significant social harm.Due to the strong professionalism of spot electronic trading,the perpetrators use spot trading as a cover,and use platform trading as a means through telephone,Internet and other means to defraud the victims’ property without contacting the victims.The criminal means are more complicated and hidden.The detection and trial of fraud cases face great difficulties.Moreover,due to different understandings of the nature of spot electronic trading,there are major controversies in the judicial practice regarding the characterization of fraudulent spot electronic trading,the accomplice of fraud,and the determination of the amount of fraud,and even different judgments in the same case."Nanjing Yatai" Xie and others fraud case,"Yulin Nonghui" Zhu and others fraud case and "Tiankuangsuo" Xu and others illegal business case are typical cases involving spot electronic trading crimes in judicial practice in recent years.This article uses these three cases as the perspective to analyze and study the spot electronic trading fraud.Through the introduction of the basic case facts of the three cases,the focus and differences of opinion of the three cases are sorted out,namely how to organize the false spot electronic trading profit behavior,how to determine the joint crime and the amount of crime,and then take legal analysis of the focus and differences of opinion in the case.Starting from the constituent elements of the crime of fraud,focusing on the illegal possession purpose and fictional facts,fraudulent behaviors that conceal the truth,etc.,and combined with the specific cases,analyze and summarize the criminal model of spot electronic trading fraud,that is,build(attach)the platform-use fiction Facts or concealing the truth to trick customers into registering and depositing money-maliciously instructing customers to operate(or manipulate transaction prices)leading to customer losses-sharing the victims’ losses,and comparing the basic structure of fraud crimes to demonstrate the establishment of spot electronic trading fraud,and then analyze the accomplice in fraud and the determination of the amount of fraud,and compare and analyze the relationship between spot electronic fraud and illegal business Through sufficient legal analysis,the fraud nature of false spot electronic trading is demonstrated,and the research conclusion of this article is drawn.Based on the research conclusions of this article,it also provides theoretical basis and practical reference for judicial practice,helps to solve the issues of trial practice such as qualitative disputes and the determination of the amount of fraud in spot electronic trading fraud cases,accurately identifies crimes,and unifies the application of laws.