From Huang Mou A,huang Mou B Fraud Case On The Identification Of Fraud Several Problems

To determine whether the doer has the purpose of illegal possession in the case of borrowing new and returning old fraud,it is necessary to make a comprehensive analysis from the following aspects:whether there is no repayment ability when borrowing money,whether to take fraudulent means,the purpose of borrowing money,the attitude of repayment and whether the doer’s excuse can be beyond reasonable doubt.Where there is both accomplished and attempted fraud,the amount of criminal fraud shall be determined by adding the amount of accomplished and attempted fraud.On both accomplished and attempted fraud during the sentencing to distinguish is the same species or simply a sin,sin with species crime cases in 2011 in the article 6 alternative heavy fraud,purely a goal-oriented fraud crimes circumstances according to the benchmark,the whole amount is then combined with other plot sentencing punishment.