In life, there are many kinds of cheating traps, and many people will fall into the trap of fraudsters if they are not careful.
A recent news report said:
Yiwu's 42-year-old aunt used marriage as an excuse to date 6 men in half a year, defrauding more than 150,000 yuan.
Since July last year, 42-year-old Mao has packaged herself as a fashionably dressed, gentle and considerate professional woman, registered information at multiple marriage agencies, and used the opportunity of middle-aged men of this age to find a suitable partner to carry out fraud by dating these men.
After investigation by the police handling the case, from July to December 2021, Mao used the same method to communicate with 6 men at the same time, set up all kinds of fraudulent marriage "traps", and defrauded money in various names after defrauding the trust of the other party, defrauding a total of more than 150,000 yuan, and the stolen money was squandered by Mao in his life.
At present, Mao Mou has been taken criminal compulsory measures by the police according to law because he is suspected of fraud, and the case is still under further investigation.
Falling in love and borrowing money is not a scam
Talking about love and borrowing money is not a fraud, which can only be regarded as an ordinary lending behavior, which is a civil dispute; Unless the other party conceals the truth in order to defraud the funds, and the amount of deception is large (generally referred to as higher than 3,000 yuan), it is a fraud crime. The crime of fraud is the act of defrauding a relatively large amount of public or private property for the purpose of illegal possession, using fictitious facts or concealing the truth.
For example, during the love period, using investment, capital turnover, etc. as an excuse to ask for a large amount of funds from the other party, this basically belongs to the crime of fraud.
Criminal Law of the People's Republic of China
Article 266 Whoever defrauds public or private property of a relatively large amount shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also be sentenced to fixed-term imprisonment of not less than three years but not more than ten years if the amount is particularly large or there are other particularly serious circumstances, and shall also be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or have his property confiscated. Where this Law provides otherwise, follow those provisions.
Can the valuables sent by the lover during the relationship be returned?
1. If the gifted items are valuable property, such as gold and silver jewelry, real estate, cars, etc., then whether you can go back depends on whether the gifted property is for the purpose of marriage.
(1) If it is not for the purpose of marriage and is a voluntary gift during the period of love, it cannot be claimed for return.
(2) Gifts of property for the purpose of marriage or engagement are different from ordinary gifts and are conditional gifts. If the marriage contract is finally dissolved or no marriage is concluded, the terms of the gift cannot be fulfilled, and the gifted property should be returned, the most typical example being the bride price.
Civil Code
Article 158:"Civil juristic acts may be conditional, except where conditions may not be attached according to their nature." Civil juristic acts with conditions for entry into force shall take effect from the time the conditions are fulfilled. Civil juristic acts with conditions for rescission shall lapse from the time of the achievement of the conditions", when the conditions are not established, the act of donation does not have legal effect, the relationship of rights and obligations between the parties is of course dissolved, and the donated property is restored to its original state.
2. The small gifts given by the two parties during the love period to express their love are difficult to say that they are gifts for the purpose of marriage, and if the object is not negotiated, the claim for return is usually not supported by the court.
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