A Case Analysis On He Mou Mou Fraud

The high incidence of fraud is more common in real life crimes against property type.With the progress of science and technology,the continuous development of society,some new types of fraud continue to emerge,the qualitative aspects of the admissibility of evidence is the difficulties identified in the judicial practice,the focus of these problems has aroused widespread concern in academic circles,the crime of fraud crime conviction and sentencing and the problem has become a hot topic of current research theory.As guangdong province rural places where underground lottery fraud,actor through deception inducing the mat endowment buying underground lottery,if winning the reimbursement,without winning runaway phenomenon also sometimes happened.This controversial phenomenon involves three aspects:the first is that,it is lending to civil dispute or fraud;the second,it is due to the victim knowingly buying underground lottery is illegal behavior,whether the losses shall be protected by criminal law;the last is mat endowment buying underground lottery without winning fraud type is accomplished or attempted fraud problem finally.Through the analysis of the case,focusing on the elements of the crime of fraud,we draws the following conclusion:the objective of fraud by the defendant in the implementation of loan fraud or when the existing quantitative evaluation index and the defendant people have shown,we can infer the defendant with subjective possession.Secondly,from the legislative purpose of criminal law and the crime elements of the crime of fraud,crime of fraud with the necessity of angle of payment for illegal reasons of specific judicial practice to be against the purchase,identification of the underground Liuhe color this payment for illegal reasons still should be punished by criminal law protection.Finally,in the attempt of crime of fraud,and from scholars of different views to the standard of accomplishment of the existing legislation,judicial interpretation to the Detailed analysis of the case that the accomplished and attempted,that the case should be identified as crime conclusions.Hope that through the analysis of these cases,put forward their own insights,provide some reference for similar problems in the judicial practice.