Is it difficult to convict calligraphy and painting fraud?

It is difficult to convict calligraphy and painting fraud.

1. The constituent elements of the crime of fraud are as follows:

1. Objectively speaking, it manifests itself in the use of fraudulent methods, such as fabricating facts or concealing the truth, to defraud large amounts of public or private property;

2. The subject of the crime of fraud is a general subject;

3. The crime of fraud is subjectively intentional and has the purpose of illegal possession.

2. Be wary of the "three major traps" of calligraphy and painting trading scams

1. It is a warmth trap. Criminals take advantage of the kindness and enthusiasm of the elderly, play emotional cards with them, provide considerate and thorough services throughout the process, and provide souvenirs and small gifts, gradually gaining the trust of the elderly and defrauding them of their money.

2. It is a trap. Criminals take advantage of the elderly's investment idea of ​​"not holding back their children and finding a way out for themselves" to promote collectibles that actually have no obvious room for appreciation in the short term into collections that have extremely high room for appreciation and profit. Promise high prices to help sell or auction on behalf of others to deceive the elderly.

3. It is a place trap. The criminals' offices and activities are located in commercial areas such as buildings and office buildings. They also adopt a corporatized operation model, register and establish an auction culture company, and use the shell of the auction company to commit fraud, resulting in a reasonable and formal appearance of the criminal site, which is confusing. , strong concealment.

3. The four characteristics of the crime of fraud are:

1. Object requirements: The object of the crime of fraud is the ownership of other people’s property; the object of the crime is limited to the state , collective or personal property, rather than benefits obtained through fraud or other methods.

2. Objective elements. Objectively speaking, the crime of fraud is mainly manifested in the actor using fraudulent methods or concealing the truth to defraud others of larger amounts of property; the crime of fraud is not limited to defrauding others of their physical belongings. It also includes defrauding intangibles and property benefits.

3. Subjective elements. The subjective aspect of the crime of fraud is mainly manifested in the direct and intentional conduct of the perpetrator, and the purpose of illegally possessing other people's property.

4. Subject requirements. The subject of the crime of fraud is a general subject. Any natural person who has reached the legal age of criminal responsibility and has the ability to commit criminal responsibility can commit the crime of fraud.

Legal Basis

"Criminal Law of the People's Republic of China"

Article 266 Whoever defrauds public or private property, if the amount is relatively large, shall be punished If a person is sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and the fine amount is extremely huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years. If the fine amount is particularly huge or there are other particularly serious circumstances, he shall be sentenced to ten years. The above sentence shall be fixed-term imprisonment or life imprisonment, and shall also be punished with a fine or confiscation of property. If this law provides otherwise, the provisions shall prevail.

"Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Fraud Cases"

Article 1 According to Articles 151 and 15 of the Criminal Law According to the provisions of Article 12, defrauding public or private property in a relatively large amount shall constitute the crime of fraud. If an individual defrauds public or private property of more than 2,000 yuan, it is classified as "large amount"; if an individual defrauds public or private property of more than 30,000 yuan, it is classified as "huge amount". If an individual defrauds public or private property of more than 200,000 yuan, the amount of fraud is particularly huge.