To Defraud The L/c

The behavior of L/C (letter of credit) defraud is subdivided into two categories fraud of issuing new L/C and fraud of obtaining existing L/C. The perpetrator of fraud of issuing new L/C is identified as indirect principal of invisible forgery; its behavior is identified as preparation for L/C fraud crime and accomplished forging financial instruments crime, therefore shall be punished as imaginative joinder of offenders. The perpetrator of fraud of obtaining existing L/C is only classified as preparation of L/C defraud as long as there is no usage of L/C. The reason not to categorize fraud of obtaining existing L/C as accomplished offender is because L/C fraud crime is consequential offence; however, none can deny its nature of property crime; therefore, in the content of fraud of obtaining existing L/C without actual usage, since no harmful result exists, it is not identified as L/C fraud crime. As a conclusion, L/C fraud crime shall contain two behaviors, i.e."defraud" and "use" so as to be identified as L/C fraud crime. The conduct of defrauding L/C begins when L/C is actually used; the conduct of accomplished crime is only identified when perpetrator illegally possess certain amount of property and causes property damage. In L/C defraud where participant includes status, it is not correct to identify post occupy crime as financial frauding crime in order to condemn heavy penalty because it is not a legally prescribed punishment for a specified crime. Conviction of L/C fraud crime should be on the premise of illegal possession, while identifying the subjective intent of "illegal financing" and "illegal possession", in order to avoid to wrongly classify fraud of obtaining existing L/C as L/C fraud crime so as to enlarge range of punishment of L/C fraud.