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Hello, according to Article 266 of the Criminal Law of the People's Republic of China, the crime of fraud refers to the act of defrauding a relatively large amount of public or private property by fabricating facts or concealing the truth for the purpose of illegal possession. The object of the crime of fraud is not to defraud other illegal benefits.
Therefore, the crime of fraud can also be established between relatives. However, where close relatives are defrauded, it shall generally be handled as a family dispute, and it is not appropriate to be punished as fraud. Where relatives or non-close relatives are defrauded, it shall be analyzed on the basis of the specific circumstances of the case.
Article 4 of the Supreme People's Court and Supreme People's Procuratorate's Interpretation on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases of Fraud provides that where close relatives are defrauded of their property, and the close relatives forgive them, they may generally not be handled as a crime.
Where it is truly necessary to pursue criminal responsibility for defrauding close relatives' property, the specific handling should also be lenient as appropriate.
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The elder sister cheats the younger brother's money, and it needs to decide whether to commit a crime according to the amount, if a few hundred yuan is not enough to commit a crime, if a few tens of yuan will definitely constitute a crime. The family doesn't have to go to court, urging your sister to pay you back little by little, she cheated you out of your money, you understand the reason, why she cheated you out of your money, is it in trouble or other forced to do so, if you have the ability to suggest or help your sister in difficulty. If your sister is lazy and loves to gamble, that's a different story.
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Of course, as long as the amount is large and exceeds a certain range, it is a fraud, which does not matter to the relationship between two people, even if it is a brother and sister, father and son, as long as it is beyond the range, it is a crime, do not think that the other party is your brother, or your sister, it is not illegal, then you are legally illiterate, you should popularize legal knowledge, don't do it, ignorant crime.
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Calculate. As long as the amount is large enough to reach the amount of the crime or crime, it is a crime, and it has nothing to do with the relationship between the parties.
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The crime of fraud refers to the use of fictitious facts or methods to conceal the truth for the purpose of illegal possession to defraud a relatively large amount of public or private property. The object of the crime of fraud is not to defraud other illegal benefits. Loans from financial institutions should also be excluded.
This is because the offence of loan fraud has been specifically provided for in article 193 of this law.
It is generally believed that the basic structure of the crime is as follows: the perpetrator commits fraud for the purpose of illegal ownership, the victim has a misunderstanding, the victim disposes of property based on the misunderstanding, the perpetrator obtains property, and the victim suffers property losses.
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Whether it is family or not, it is not good to deceive people after all, why deceive, you can borrow when you lack money, if you want to talk about crime, it depends on the amount of money deceived and the social impact and so on.
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It depends on how the fraud is made, some of the fraud involves the law, and some of the fraud does not constitute a crime. It depends on whether it is serious or not.
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If your sister cheats her brother out of her money, your brother calls the police, and your sister cheats, you commit a crime.
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It depends on the amount, no matter what the relationship is to cheat money, more than 10,000 yuan is illegal.
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Absolutely! However, children's tricks are another story!
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Buy two ice creams and eat them together, and the contradiction will be resolved.
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Summary. The younger brother uses his sister's mobile phone number to commit fraud, which is a violation of the law and will be punished by the law.
The younger brother uses his sister's mobile phone number to commit fraud, which is a violation of the law and will be punished by the law.
According to article 265 of the Criminal Law of the People's Republic of China, "Committing acts that infringe upon the property interests of others by means of fraud, embezzlement, or fraud shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention." where the circumstances are especially serious, the sentence is between three and ten years of suspended service. ”
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Summary. Hello! <>
I'm glad to answer for you: it's illegal for my brother to use my sister's mobile phone number zp. It is an offence to use someone else's mobile phone number. Crime refers to the act of fraudulently obtaining a relatively large amount of public or private property for the purpose of illegal possession, by fabricating facts or concealing the truth.
Is it illegal for my brother to use my sister's mobile phone number to defraud?
Hello! <>
Crime refers to the act of defrauding a relatively large amount of public or private property by using a false sock ruler to construct facts or conceal the truth for the purpose of illegal possession.
Legal basis: Article 266 of the Criminal Law stipulates that where the amount of public or private property is relatively large, a sentence of up to three years imprisonment, short-term detention or controlled release shall be given, and/or a fine.
where the amount is huge or there are other serious circumstances, a sentence of between three and ten years imprisonment and a concurrent fine is to be given. where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment or indefinite imprisonment is to be given, and a concurrent fine or confiscation of property is to be given. Where this Law provides otherwise, follow the provisions.
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Summary. It is illegal and criminal to use my sister's mobile phone number to defraud.
It is illegal and criminal to use my sister's mobile phone number to defraud.
Kissing, fraud and companionship refers to the act of using fictitious facts or methods to conceal the truth for the purpose of illegal possession to defraud a relatively large amount of public or private property. The basic structure of this crime is as follows: the perpetrator commits fraud for the purpose of illegal ownership, the victim has a misunderstanding, the victim disposes of property based on a misunderstanding, the perpetrator obtains property, and the victim suffers property losses.
If the amount is not large and does not constitute a crime, an administrative punishment shall be imposed.
Qinqin, the "Supreme People's Court and Supreme People's Procuratorate Interpretation on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases of Fraud" (Shizhou Qingxing as of April 8, 2011) stipulates: Where public or private property is defrauded with a value of 3,000 to 10,000 yuan, 30,000 to 100,000 yuan, or 500,000 yuan, it shall be respectively found to be a "relatively large amount", "huge amount", or "especially huge amount" as provided for in article 266 of the Criminal Law
The younger brother used his sister's mobile phone number to scam who to deal with in the end.
Kiss, brother.
What should be done if the younger brother is a minor and under the age of 16.
Kiss, that is the guardian to bear.
What if a minor uses his sister's mobile phone number to scam without knowing it.
Kissing is to be dealt with as a crime of fraud.
Whether it is disposed of in the name of the guardian or in the name of the minor.
What does this guardian have to bear, if it is a huge amount.
To kiss is to face jail time.
The guardian is in jail.
Kiss, yes.
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The younger brother used the elder sister's identity card to defraud the elder sister by the public security organs to give a fine of between 200 and 1,000 yuan, or a detention of up to 10 days, and where there are unlawful gains, the illegal potato pants income shall be confiscated, and the amount is relatively large, and the offender shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release.
Article 266 of the Criminal Law of the People's Republic of China [Crime of Fraud] Where the amount is relatively large, a sentence of up to three years imprisonment, short-term detention or controlled release is to be given, and/or a fine; where the amount is huge or there are other serious circumstances, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given; where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment or indefinite imprisonment is to be given, and a concurrent fine or confiscation of property. Where there are other provisions in this Law, follow those provisions.
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Summary. Hello, if the younger brother defrauds his sister of money by fabricating facts and concealing the truth, it is a fraud. If it does not meet the above conditions, it is not a fraud.
Hello, if the younger brother defrauds his sister of money by fabricating facts and concealing the truth, it is a fraud. If it does not meet the above conditions, it is not a fraud.
Fraud refers to the act of fraudulently obtaining a large amount of public or private property for the purpose of illegal possession, by fabricating facts or concealing the truth.
Where the value of public or private property is 500,000 yuan or more, it is a situation where the amount is especially huge, and the person who accompanies him is sentenced to 10 years or more imprisonment or life imprisonment for negotiation and a concurrent fine, or has no money to collect the property.
Article 266 of the Criminal Law [Crime of Fraud] Whoever defrauds public or private property, and the amount is relatively large, is to be sentenced to up to three years imprisonment, detention for public service, or controlled release, and/or a fine of one hundred and sixty acres; where the amount is huge or there are other serious circumstances, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given; where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment or indefinite imprisonment is to be given, and a concurrent fine or confiscation of property. Where there are other provisions in this filial piety law, follow those provisions.
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The victim could not go directly to her sister for it. Since it is a fraud, it is a suspected criminal case, and the victim should call the police and be dealt with by **. Victims do not have the right to enforce the law, so how can they make their own decisions and ask for whomever they want?
It's not legal. Even if it is not a criminal case, or a public security violation, but a civil debt dispute, you can't directly sue the sister in the court, but it depends on what happens when the younger brother transfers the money to the sister. aqui te amo。
Now your description, although the first sentence of the beginning of the sentence is conclusive and says "fraud", but then it says who the victim asked for money, which is a bit contradictory and vague. Now that's the case, you have to first clarify what the case is about, what is the nature. If it is a fraud case, it is not a question of who your victim asks for money, but to call the police, and the public security organ in the place where the crime occurred will handle the case, and then whether to recover the stolen goods or how, it depends on the specific local police station handling situation, and the victim can only ask the staff of the public security organ about the progress of the case.
If it is a civil debt dispute between you, it is not a matter of fraud, it is not a criminal case, you have to go to the court with jurisdiction over the defendant to sue the other party, sue the younger brother, and present evidence of the younger brother's transfer of property, and carry out pre-litigation property preservation.
What did you say that I can't find this brother now, if it's a fraud case, then you don't have to look for it yourself, you go to the public security organ to report the case, and the public security staff will look for the suspect. If it is a civil debt dispute between you, then you can't find this younger brother, you can go to the court to sue, and then serve the notice of **, if it doesn't work, you will have to spend money to send an announcement in the newspaper for announcement service, and after the service is successful, you can open a counterfeit hall trial after two and a half months.
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The younger brother gave the money to the elder sister by fraud, you should ask the younger brother for the money, and if you can solve it with the police uncle, and her sister can't ask for it.
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This kind of education will make my sister feel inferior, because girls are already rich in all aspects, so why let my younger brother go.