If you charge a certain fee for showing Feng Shui to others, will the state crack down on it and call it fraud?
Does not constitute fraud. Based on Feng Shui, the money is given voluntarily and does not constitute fraud.
Legal Analysis
The act of defrauding public or private property refers to the act of defrauding a small amount of public or private property by fabricating facts or concealing the truth for the purpose of illegal possession.
(1) The subject of this act is a general subject, that is, a natural person who has reached the age of responsibility and has the ability to take responsibility. The object of infringement by this act is the ownership of public and private property. The objects of infringement are all kinds of property, including national, collective and personal property. Using deceptive methods to defraud other illegal benefits, such as forging documents or defrauding marriage, does not constitute this act.
(2) The objective aspect of this behavior is the act of using fabricated facts or concealing the truth to cause property owners and managers to misunderstand and believe it to be true, thereby defrauding a small amount of public and private property. Fictional facts refer to fabricating non-existent facts to deceive the victim's trust. Fiction can be partially fictional or completely fictional.
Concealing the truth refers to concealing certain objective facts from the offended person, in order to coax the offended person into handing over his property. Using fabricated facts or concealing the truth to cause the owner, holder, or manager of property to believe it is true, and thus "voluntarily" hand over the property, is the main feature that distinguishes fraud from theft, extortion, robbery, etc. . Because the perpetrator uses deceptive means, the victim does not know that his or her property rights have been infringed, and generally mistakenly believes that the perpetrator is doing something for him or cooperating with each other. The victim's seemingly "voluntary" surrender of property is actually against his true will.
(3) There are various forms and means of defrauding others of their property, including: fabricating lies and impersonating identities to defraud property; forging or altering documents to falsely claim property; forging official documents and documents to defraud property; They defraud property in the name of helping to take care of and carry things; they defraud property in the name of love, marriage, job introduction, etc.; they collect property from others by organizing and using cult organizations and other deceptive means.
(4) According to relevant legal provisions, those who defraud public or private property shall be detained for not less than 5 days but not more than 10 days, and may also be fined not more than 500 yuan; if the circumstances are serious, they shall be detained for not less than 10 days but not more than 15 days. , and may be fined up to 1,000 yuan. Serious circumstances refer to situations where the amount of fraud is close to the criminal standard, or where public or private property has been defrauded multiple times.
Legal Basis
Article 49 of the "Public Security Administration Punishment Law of the People's Republic of China" , shall be detained for not less than five days but not more than ten days, and may also be fined not more than five hundred yuan; if the circumstances are more serious, shall be detained for not less than ten days but not more than fifteen days, and may also be fined not more than one thousand yuan.