The Determination Of The Amount Of Fraud Under The Payment Of The Corresponding Property By The Fraudster

How to determine the amount of fraud when the fraudster pays the property is controversial.The practice is different in practice as to which property paid by the fraudster is deducted from the amount of the crime,and there are no clear and unified regulations on the determination standard and calculation method of the fraud amount.The reason for the above problems is that there are differences in the calculation method of the amount of fraud,the positioning of property losses in the constitutive elements of the crime of fraud,and the identification standards of property losses.The calculation of property loss in the crime of fraud should use the actual amount of loss;property loss should be used as a constituent element of the crime of fraud;the revised overall property theory should be used to determine the property loss in the crime of fraud.In the case of defrauders paying the victim’s property,the actual amount of the victim’s property loss should be comprehensively considered based on the victim’s overall property profit and loss status and the degree of realization of the transaction purpose.On this basis,the concept of " bait price provided by the offender " must be taken out of the cost of the crime,so as to establish the standard of "the amount of fraud = the amount of direct actual loss of the victim = the amount delivered by the victim-bait price provided by the offender ".The deduction scope of the fraud amount should be clarified.According to the characteristics of "bait price" and "criminal cost",the property paid by the perpetrator partially meets or completely meets the victim’s transaction purpose,and has economic value and possibility of use,it is classified as "bait".The "bait price" can make up for the victim’s property,so the "bait price" should be deducted from the amount of fraud.If the property paid by the fraudster is of no value to the victim,is completely inconsistent with the victim’s transaction purpose,and cannot be legally possessed by the victim,the property is a crime cost and should be included in the amount of fraud.