Summary of the gist of the judgment of the first batch of people's courts' case database on the crime of contract fraud

Source: People's Court Case Database

I. Guiding Case No. 62: Wang Xinming's Contract Fraud Case

Warehousing number: 2016-18-1-167-001

Trial courts: Beijing Shijingshan District People's Court, Beijing No. 1 Intermediate People's Court

Case No.: (2013) Shi Xing Chu Zi No. 239, (2013) Yi Zhong Xing Zhong Zi No. 4134

Summary of the trial

Where the completed part of the crime and the attempted portion correspond to different legally-prescribed punishment ranges, a decision shall be made on whether the punishment for the attempted portion is commuted, and the legally-prescribed punishment range corresponding to the attempted portion shall be determined, and then compared with the legally-prescribed punishment range corresponding to the completed part, and the legally-prescribed punishment range with the heavier punishment shall be applied, and heavier punishment shall be given as appropriate;

II. Chen Mourong's Contract Fraud Case - Definition of the Crime of Fraud and the Crime of Contract Fraud

Warehousing number: 2023-03-1-167-001

Trial court: Tinghu District People's Court, Yancheng City, Jiangsu Province

Case No.: (2022) Su 0902 Xingchu No. 137

Summary of the trial

1. The key to distinguishing between the crime of contract fraud and the crime of fraud lies in whether the fraud occurred in the process of signing or performing the contract, and the form of the contract was used to defraud public or private property or property interests. In other words, whether it is carried out in the name of a contract as a transaction.

2. In this case, the defendant impersonated the name of another person for the purpose of illegal possession, and defrauded the seller of property through the "oral contract" between the fictitious unit and the seller. This method of fabricating facts and concealing the truth to defraud the other party of property for personal squandering is obvious, and the subjective intent of "illegal possession" is obvious; this act occurs in the process of signing and performing a contract, which not only infringes on the property rights of the other party, but also undermines the normal order of market transactions, and meets the requirements of the crime of contract fraud.

III. Ju X A Contract Fraud Case - Determination of the Nature of Fake E-commerce Agency Operations

Warehousing number: 2023-03-1-167-002

Trial court: Hangzhou Intermediate People's Court, Zhejiang Province

Case No.: (2017) Zhe 01 Xingchu No. 170

Summary of the trial

Actors engaged in the operation of fake e-commerce agents know that they are incapable of performing contracts, but still solicit customers through false advertisements, fictitiously have their own factories that can provide competitive products, and fabricate successful cases to induce customers to sign or upgrade service contracts, and most of the funds obtained are used as dividends. The division of commissions and other methods not only infringes on the property rights of the victims, but also undermines the rules of online transactions based on fair credit, harms the legitimate rights and interests of consumers, and seriously disrupts the market management order of the e-commerce industry, and should constitute the crime of contract fraud.

4. Yang Mouqiang's contract fraud case - determination of the purpose of illegal possession in a contract fraud case

Warehousing number: 2023-03-1-167-003

Trial courts: Shanghai Pudong New Area People's Court, Shanghai No. 1 Intermediate People's Court

Case No.: (2016) Hu 0115 Xingchu No. 1995, (2017) Hu 01 Xingzhong No. 1350

Summary of the trial

The following aspects should be considered in assessing whether the perpetrator has the purpose of unlawful possession:

1. Whether there is fraud. If the fraud has not been committed, there is no need to pursue the purpose of the unlawful possession. If a fraudulent act is committed, it is also necessary to examine whether the act played a decisive role in the conclusion and performance of the contract, so as to distinguish it from ordinary civil fraud.

2. Whether there is the ability to perform the contract. Whether the actor has the actual ability to perform is the guarantee and premise for the realization of the purpose of the contract, and it is also the key to distinguish between the crime of contract fraud and civil fraud. During the review, attention should be paid to comprehensively considering whether the actor has the ability to perform at the negotiation stage, signing stage, and performance stage of the contract, and attention should be paid to avoiding the situation that has the ability to perform at the time of conclusion of the contract or at the initial stage of performance, but it is difficult to realize the contract or must postpone performance due to force majeure or accidents.

3. Whether there is any performance and the real reason for the breach of contract. Attention should be paid to the following two aspects in the judgment: first, whether the actor has the sincerity to perform the contract and the degree of performance, and attention should be paid to distinguishing the actor's ability to perform but not performing the contract from the actor's ability to perform but failing to perform and the actor's failure to perform the contract as it has done its best, and second, whether the failure to perform is caused by force majeure or the other party's unwillingness to accept alternatives.

4. Objective facts such as the reasons why the actor did not return the money after receiving the money, and the conduct of both parties after the fact, and comprehensively evaluate the actor's overall conduct. If, after receiving the money, the perpetrator does not escape, squander, or use it for illegal or criminal activities, but instead uses the money collected for legitimate purposes such as returning other normal debts or other lawful business operations, it should be especially prudent to determine that the perpetrator has the purpose of illegal possession.

V. Zhang's acquittal of contract fraud - accurately characterize disputes in the operation of enterprises, and prevent criminal means from interfering in economic disputes

Warehousing number: 2023-03-1-167-004

Trial courts: Tianjin Binhai New Area People's Court, Tianjin No. 3 Intermediate People's Court

Case No.: (2019) Jin 0116 Xingchu No. 89, (2022) Jin 03 Xingzhong No. 166

Summary of the trial

For economic disputes arising in the course of enterprise operations, it is necessary to strictly follow the principle of evidence adjudication to objectively determine the facts, and adjust the facts of the prosecution and accusations based on the evidence that has been verified to be true, especially the facts such as the identity of the defendant, the operation of the enterprise involved in the case, the signing and performance of the contract involved in the case, and the whereabouts and uses of the funds involved in the case, so as to avoid misjudgment caused by inaccurate determination of facts. The crime of contract fraud occurs in the process of signing and performing a contract, and whether it can be determined that the defendant objectively has fabricated facts or concealed the truth from aspects such as the ability to perform, the obligation to inform, and the reasons for non-performance. Aspects such as the use of funds are to examine whether the defendant subjectively has the purpose of illegal possession, and to determine the nature of the case in strict accordance with the principles of the crime and on the basis of the principle of evidence adjudication, and where performance is impossible due to objective reasons, it must not be convicted and punished as the crime of contract fraud, and the use of criminal means to interfere in economic disputes is truly prevented.

VI. Case of contract fraud in Yu X - Organizing an online water army to manually click on advertisements in batches is a false performance of an advertising and promotion cooperation contract, constituting the crime of contract fraud

Warehousing number: 2023-05-1-167-001

Trial court: People's Court of Xinyi City, Jiangsu Province

Case No.: (2020) Su 0381 Xingchu No. 903

Summary of the trial

Where the perpetrator organizes an online troll army to manually click on advertisements in batches, it is essentially a deceptive, invalid and malicious click, and is not a normal performance of the advertising promotion cooperation contract, so collecting advertising fees from the platform constitutes the crime of contract fraud. The advertising and promotion platform constituted a contractual relationship with the defendant and was a victim of the crime of contract fraud.

VII. Zhu Mouwei's Contract Fraud Case - Grasp the specific standard of proof in contract fraud cases

Warehousing number: 2023-05-1-167-003

Trial courts: Xuanhua County People's Court of Hebei Province, Intermediate People's Court of Zhangjiakou City, Hebei Province

Case No.: (2013) Xuan Xing Chu Zi No. 47, (2014) Zhang Xing Zhong Zi No. 13

Summary of the trial

To determine whether the crime of contract fraud is constituted, it shall be determined from the following two aspects:

1. Whether there is an unlawful possession purpose is the key. The purpose of unlawful appropriation can exist both at the time of the conclusion of the contract and in the course of the performance of the contract. The subjective purpose of judging the perpetrator shall be based on whether it meets the specific conduct provided for in the Criminal Law, and an overall judgment shall be made by comprehensively considering all kinds of subjective and objective factors before, during, and after the event.

2. The crime of contract fraud and the crime of ordinary fraud are logically special and general. The crime of contract fraud is established if the crime of fraud is constituted, and the act of signing or performing a contract is used to defraud others of their property. Referring to the constitutive model of ordinary fraud crimes, the constitutive model of contract fraud crimes shall be: fraudulent conduct → the victim signs a contract with a misunderstanding→ disposes of property in accordance with the contract→ the perpetrator or a third party obtains property→ victim's property losses.

VIII. Zheng's Contract Fraud Case - Distinction and Definition of Contract Fraud and Fraud

Warehousing number: 2023-03-1-167-006

Trial court: People's Court of Mianyang Economic and Technological Development Zone, Sichuan Province

Case No.: (2022) Chuan 0793 Xingchu No. 32

Summary of the trial

The crime of fraud and the crime of contract fraud can be distinguished from the following aspects. First, from the perspective of infringement of legal interests, the crime of fraud infringes on the ownership of public and private property, and the crime of contract fraud infringes on the state's management order of economic contracts and the ownership of company property. The "contract" in the crime of contract fraud shall reflect a certain market order, reflect the transfer of property or the transaction relationship, and be a contract that brings property benefits to the actor. Contracts that are not related to the market order and are not primarily subject to market regulation, such as gift contracts that are not transactional, agreements related to identity relationships such as marriage, adoption, maintenance, guardianship, etc., do not disrupt the order of market economic activities, and should not normally be regarded as "contracts" in the crime of contract fraud. Second, from the perspective of criminal means, the property obtained by fraud by the crime of contract fraud must be the subject matter of the contract or property related to other contracts, and is the incidental result of the performance or signing of the contract.

9. Case of contract fraud by Huang, Zhou, and Yuan - Where the deception does not have a fundamental impact on the performance of the contract, it does not constitute the crime of contract fraud

Warehousing number: 2023-03-1-167-008

Trial court: Lianxi District People's Court of Jiujiang City, Jiangxi Province, Intermediate People's Court of Jiujiang City, Jiangxi Province

Case No.: (2018) Gan 0402 Xingchu No. 271, (2019) Gan 04 Xingzhong No. 521

Summary of the trial

1. Evaluation opinions do not naturally have evidentiary effect in determining the facts of the case, and whether they can be used as the basis for a verdict shall be reviewed for their objectivity, relevance, and legality, and a comprehensive judgment shall be made on the basis of the evidence in the case, and must not be blindly accepted without screening.

2. For the fraudulent acts that occur in the continuous performance of the contract of the construction project, a comprehensive judgment should be made from the overall performance of the contract, and if there is no fundamental and comprehensive impact on the final, appropriate and comprehensive performance of the contract, it can be resolved through negotiation or other means, and generally should not be dealt with as a criminal offense.

10. Huang's contract fraud case - the distinction between the crime of contract fraud and the crime of fraud

Warehousing number: 2023-03-1-167-009

Trial court: Luxi County People's Court of Jiangxi Province

Case No.: (2022) Gan 0323 Xingchu No. 185

Summary of the trial

Contracts in the crime of contract fraud shall include oral contracts and other non-written forms of contract. When defining the scope of the contract for the crime of contract fraud, it should not be confined to the form of the contract. In the case where there is evidence to prove that a contractual relationship does exist, even if it is an oral contract, as long as it occurs in the field of production and operation and violates the market order, it shall also be convicted and punished as the crime of contract fraud. In addition to the four objective manifestations clearly provided for in Article 224 of the Criminal Law, the crime of contract fraud also includes the situation of "defrauding the other party's property by other means".

11. Lu's Contract Fraud Case - The "Three Looks" Element Review Method for the Purpose of Illegal Possession in the Crime of Contract Fraud

Warehousing number: 2023-03-1-167-010

Trial courts: Shanghai Baoshan District People's Court, Shanghai No. 2 Intermediate People's Court

Case No.: (2012) Bao Xing Chu Zi No. 1884, (2013) Hu Er Zhong Xing Zhong Zi No. 145

Summary of the trial

In the crime of contract fraud, the determination of the purpose of the defendant's illegal possession may adopt the "three looks" element review method, that is, one looks at the ability to perform the contract, the second looks at the performance behavior, and the third looks at the attitude after the fact. If the defendant lacks the ability to perform the contract, has no actual performance of the contract, and has not shown any performance of liability for breach of contract after the fact, it should be found that he has the subjective purpose of illegally taking possession of others' property.

12. Case of contract fraud by Guo X -- concealing the fact that the house was judicially seized and could not be transferred to defraud others of the purchase price of a relatively large amount constitutes the crime of contract fraud

Warehousing number: 2023-03-1-167-011

Trial courts: Beijing Daxing District People's Court, Beijing No. 2 Intermediate People's Court

Case No.: (2021) Jing 0115 Xing Chu No. 1116, (2022) Jing 02 Xing Zhong No. 351

Summary of the trial

In the process of signing and performing a housing sales contract, the defendant concealed the fact that the house was judicially seized and could not be transferred, defrauded others of the purchase price and the amount was relatively large, and used it for personal expenses such as repaying the loan, and had neither the conditions for performance nor the ability to refund the loan, and absconded from other places after changing the mobile phone number, it should be found that he had the purpose of illegal possession, and his conduct constituted the crime of contract fraud.

XIII. Case of Zhou Moubo's Contract Fraud - The victim's refusal to cooperate with the investigation led to doubts about the determination of the amount of some crimes, and the corresponding amount should be deducted from the amount of the crime

Warehousing number: 2023-03-1-167-012

Trial courts: Beijing Fengtai District People's Court, Beijing No. 2 Intermediate People's Court

Case No.: (2015) Feng Xing Chu Zi No. 894, (2016) Jing 02 Xing Zhong No. 2

Summary of the trial

The amount of contract fraud is an important conviction and sentencing fact, and should be determined to the extent that there is no reasonable doubt. The defendant argues that he returned part of the victim's money before the case occurred and provided relevant evidence to arouse reasonable doubt, and because the victim refused to cooperate with the investigation, it is impossible to eliminate reasonable doubt, and the corresponding facts should be determined in accordance with the principle of favoring the defendant.

XIV. Case of Gao Mouhua et al. Not Guilty of Contract Fraud - Determination of the Purpose of Illegal Possession When Signing a Contract and Collecting the Other Party's Deposit in the Financing Conduct and Misappropriating It for Other Purposes

Warehousing number: 2023-03-1-167-014

Trial court: Shijiazhuang Intermediate People's Court of Hebei Province and Hebei Provincial High People's Court

Case No.: (2013) Shi Xing Chu Zi No. 184, (2015) Ji Xing Er Zhong Zi No. 26

Summary of the trial

When the evidence of the defendant's financing behavior is limited and the truth or falsehood has not been distinguished, the background of the signing of the contract, the defendant's efforts for production and operation, the whereabouts of the money, and the Purpose and other aspects to determine whether the defendant has the purpose of illegal possession, and it cannot simply be held that the purpose of illegal possession must be obtained when the contract is signed and the deposit is collected from the other party and then diverted for other purposes, nor can it be directly concluded that the defendant has the purpose of illegal possession subjectively from the defendant's objective deception. In civil activities, where there is a certain amount of deception, but it does not affect the victim's use of civil channels to provide relief, it is not appropriate to easily determine that the crime of contract fraud is constituted.

XV. Case of contract fraud by Kang XX - whether the crime of contract fraud constitutes the crime of contract fraud constituted by fraudulently signing purchase and sale contracts with multiple people in the name of others, paying the price on time in the early stage, and evading payment after the victim continued to supply the goods

Warehousing number: 2023-03-1-167-015

Trial courts: Donggang Municipal People's Court of Liaoning Province and Intermediate People's Court of Dandong Municipal People's Court of Liaoning Province

Case No.: (2021) Liao 0681 Xingchu No. 253, (2021) Liao 06 Xingzhong No. 164

Summary of the trial

Where a contract is fraudulently signed in the name of another person, in order to perform a small contract first, to induce the other party to continue to perform the contract, and to flee after receiving the goods from the other party, it is sufficient to find that there is a subjective purpose of illegal possession. Where the conduct described above is carried out in the course of signing or performing a contract, and the amount is especially huge, it constitutes the crime of contract fraud.

XVI. Case of Contract Fraud of a Securities Business Department and Teng X - Determination of "Purpose of Illegal Possession" in the Crime of Contract Fraud

Warehousing number: 2023-16-1-167-001

Trial courts: Intermediate People's Court of Xining City, Qinghai Province (first instance), Qinghai Provincial High People's Court (second instance), Supreme People's Court (retrial), Qinghai Provincial High People's Court (retrial)

Case No.: (2005) Ning Xing Chu Zi No. 94, (2006) Qing Xing Zhong Zi No. 24, (2007) Xing Ti Zi No. 4, (2009) Qing Xing Zai Zi No. 2

Summary of the trial

The object of protection of the crime of contract fraud is property rights, not good faith in the transaction, and cannot be found to be a crime of contract fraud just because one party has violated the principle of good faith in the transaction. In this case, the fact that Teng induced an investment company to transfer shares and then sell them under the guise of financing seems to be in line with the objective characteristics of the crime of contract fraud. However, based on the analysis of the whole case, Teng, as the general manager of a securities business department, used fraudulent means to transfer the shares of a certain investment company as a margin to liquidate the position, with the purpose of reducing the debt liability of the securities business department to a group company and other three companies in accordance with the relevant agreement, and all the proceeds from the stock liquidation were returned to these three companies, and he subjectively did not have the purpose of illegally taking possession of the money for himself. If a dispute or controversy arises between a securities business department and an investment company, it also falls within the scope of adjustment of civil legal relations, and the original judgment erred in handling it as a criminal offense.

XVII. Chen's Contract Fraud Case - How to Grasp the Difference Between Contract Disputes and Contract Fraud Crimes

Warehousing number: 2023-16-1-167-002

Trial courts: Baoying County People's Court of Jiangsu Province (first instance), Intermediate People's Court of Yangzhou City, Jiangsu Province (second instance), Jiangsu Provincial High People's Court (retrial)

Case No.: (1997) Bao Xing Chu Zi No. 99, (1999) Yang Xing Er Zhong Zi No. 7, (2002) Su Xing Zai Zhong Zi No. 004

Summary of the trial

The difference between contract fraud and contract disputes mainly lies in whether the perpetrator subjectively has the purpose of illegally taking possession of the property of the other party, and whether objectively uses the contract to defraud the property of the other party. In this case, after the defendant Chen signed a purchase and sale contract on behalf of a trading company in Fujian Province and obtained the red wheat from the Baoying manager's department, although he sold the red wheat at a reduced price to collect the payment and misappropriated part of the payment for the goods for other purposes, he did not pay the full amount of the purchase price as agreed after the contract expired. However, looking at the whole case, Chen's conduct did not meet the constitutive elements of the crime of contract fraud subjectively and objectively.

XVIII. Li Mousheng's contract fraud case - In business activities, if the legitimacy of the party's defense for breach of contract cannot be excluded, it cannot be determined that it subjectively has the purpose of illegal possession

Warehousing number: 2023-16-1-167-003

Trial court: Zunhua Municipal People's Court of Hebei Province (first instance), Intermediate People's Court of Tangshan City, Hebei Province (second instance), Hebei Provincial High People's Court (retrial)

Case No.: (2016) Ji 0281 Xingchu No. 304, (2017) Ji 02 Xingzhong No. 473, (2019) Ji Xing Zai No. 5

Summary of the trial

Where the actor used his real identity to sign a contract, objectively had the ability to perform the contract, and actively performed the contract, and although he did not pay the full price for the goods, the legitimacy of his defense cannot be excluded, and there are no circumstances such as squandering or concealing property, it cannot be found that he subjectively has the purpose of illegal possession, and does not constitute the crime of contract fraud.

19. Case of contract fraud by Wang XX - fraudulent borrowing without the purpose of illegal possession does not constitute the crime of contract fraud

Warehousing number: 2023-16-1-167-004

Trial courts: Huinan County People's Court of Jilin Province (first instance), Intermediate People's Court of Tonghua City, Jilin Province (second instance), People's Court of Huinan County, Jilin Province (first instance), Intermediate People's Court of Tonghua City, Jilin Province (appeal), Intermediate People's Court of Tonghua City, Jilin Province (retrial)

Case No.: (2015) Hui Xing Chu Zi No. 235, (2016) Ji 05 Xing Zhong No. 89, (2016) Ji 0523 Xing Chu No. 123, (2017) Ji 05 Xing Shen No. 48, (2018) Ji 05 Xing Kang No. 1

Summary of the trial

Whether the perpetrator has unlawful possession is the key to distinguishing civil fraud from contract fraud. The judgment of the actor's subjective purpose needs to be inferred based on the circumstances of the case, and it cannot be simply deduced that the perpetrator has the purpose of illegal possession simply because the actor has carried out a certain act. A comprehensive assessment should be made based on circumstances such as the actor's ability to perform the contract, the performance of the contract, the disposition of the property obtained, the reasons for the non-performance of the contract, and the attitude after the fact. If the actor has deceptive conduct in the course of performing the contract, but has a realistic possibility or expected possibility of performance at the time of signing the contract, and actively creates conditions for performing the contract, and there are certain objective reasons for the subsequent failure to perform the contract, and after the fact, he actively undertakes obligations, takes remedial measures, and actively makes up for the losses of the other party, it is generally not found to have the purpose of illegal possession, and does not constitute the crime of contract fraud.

20. Case of contract fraud by Wu X - the object of the "routine loan" does not constitute the crime of contract fraud

Warehousing number: 2023-16-1-167-005

Trial court: Nanhai District People's Court of Foshan City, Guangdong Province, Intermediate People's Court of Foshan City, Guangdong Province

Case No.: (2017) Yue 0605 Xing Chu No. 1882, (2019) Yue 06 Xing Zai No. 1

Summary of the trial

If the actor is used by others to sign a loan contract with a third party that is much higher than the actual loan amount, as long as the actor does not subjectively have the intention to illegally take possession of the loan funds, objectively does not carry out the act of fabricating facts or concealing the truth, the false materials required in the loan contract are prepared by others, and the third party does not transfer the money to the actor's account based on a misunderstanding, the conduct of the actor who is the subject of the "routine loan" does not meet the constitutive elements of the crime of contract fraud and does not constitute the crime of contract fraud.

21. Case of contract fraud by Peng XX - the difference between the crime of fraud and the crime of contract fraud

Warehousing number: 2024-05-1-167-001

Trial court: Lizhou District People's Court of Guangyuan City, Sichuan Province, Intermediate People's Court of Guangyuan City, Sichuan Province

Case No.: (2017) Chuan 0802 Xingchu No. 195, (2017) Chuan 08 Xingzhong No. 77

Summary of the trial

The boundary between the crime of fraud and the crime of contract fraud is relatively blurred in practice, and when determining whether the crime of contract fraud is constituted, it should be noted that the contract is a means rather than an end, and the act of "signing a contract" cannot be viewed separately from the entire fraud process. Second, it should be noted that the object of infringement of the crime of contract fraud is a complex object, and the crime of fraud is stipulated in Chapter 5 of the Criminal Law, "Crimes against Property", and the object of the crime is the ownership of public and private property, while the crime of contract fraud is provided in Chapter 3 of the Criminal Law, "Crimes of Undermining the Order of the Socialist Market Economy", Section 8, "Crimes of Disrupting Market Order".

22. Case of contract fraud by Jia X - how to determine the purpose of illegal possession in the various acts of selling multiple houses

Warehousing number: 2024-03-1-167-002

Trial court: Huimin County People's Court of Shandong Province and Binzhou Intermediate People's Court of Shandong Province

Case No.: (2021) Lu 1621 Xingchu No. 51, (2021) Lu 16 Xingzhong No. 143

Summary of the trial

In cases of "multiple sales of one house", circumstances such as the cause of the incident, the actor's ability to perform, and the circumstances of the transaction shall be comprehensively determined whether the perpetrator subjectively had the purpose of illegal possession. Where the perpetrator intentionally conceals the fact that the house has already been sold, but still signs a house sale contract with multiple people, and defrauds others of the purchase price, it may be found that they have the purpose of illegal possession. For the first sale of a house, the purpose of illegal possession should be prudently determined in light of whether the person used deceptive means, whether he planned to sell more than one house in advance, and his ability to actually perform.

23. Case of contract fraud by Ye Moulin, Tan Mouhong, Shi Mou, and Qiao Moukun -- the identification of contract fraud by borrowing the franchise shell

Warehousing number: 2024-03-1-167-003

Trial courts: Qinhuai District People's Court of Nanjing City, Jiangsu Province, Nanjing Intermediate People's Court of Jiangsu Province

Case No.: (2022) Su 0104 Xingchu No. 260, (2023) Su 01 Xingzhong No. 67

Summary of the trial

The determination of "defrauding the other party's property by other means" involved in the crime of contract fraud as provided for in Criminal Law article 224 shall follow the principle of consistency between subjectivity and objectivity, and accurately assess the means of conduct and the results of losses from aspects such as whether the actor has the actual ability to perform, whether the other party has been tricked into signing the contract by deceptive means, whether the contract has been actually performed, and whether the perpetrator has the purpose of illegal possession.

24. Case of Contract Fraud and Illegal Occupation of Agricultural Land by Kou X et al. - Determination of the Purpose of Illegal Possession for the Crime of Contract Fraud

Warehousing number: 2024-03-1-167-004

Trial court: Jinchuan District People's Court of Jinchang City, Gansu Province, Intermediate People's Court of Jinchang City, Gansu Province

Case No.: (2021) Gan 0302 Xingchu No. 157, (2023) Gan 03 Xingzhong No. 4

Summary of the trial

Where the perpetrator fabricates a project by forging the seals of other units, and in the course of signing or performing the contract, entices investors to advance funds for construction, or defrauds others of property, and the amount is relatively large, it may be found that the defendant subjectively had the purpose of illegal possession, and is to be convicted and punished as the crime of contract fraud.

25. Case of false issuance of special VAT invoices by an Information Technology (Beijing) Co., Ltd. et al. - Whether the tax losses caused by the deregistered company in the crime of the unit can be recovered from the actual controller and shareholders of the company

Warehousing number: 2023-05-1-167-004

Trial court: Beijing No. 3 Intermediate People's Court

Case No.: (2021) Jing 03 Xingchu No. 23

Summary of the trial

In the case where the defendant unit does not have the relevant capacity to bear criminal liability, and the evidence in the case is insufficient to prove that the company's property is mixed with personal property or the stolen money flows to the actual controller, it is not appropriate to directly recover the tax involved in a technology company from the actual controller and shareholders of the company in the criminal judgment.

26. Case of contract fraud by Chen Mouyuan -- The amount recovered before the case occurred should be deducted from the amount of the contract fraud crime

Warehousing number: 2023-03-1-167-016

Trial court: Lingling District People's Court, Yongzhou City, Hunan Province

Case No.: (2016) Xiang 1102 Xingchu No. 166

Summary of the trial

The amount of the crime of contract fraud shall be determined by deducting the amount of the defrauded money that has been recovered before the case occurs, and calculating it on the basis of the actual amount of the proceeds of fraud at the end. In situations where there are multiple victims, the defendant voluntarily returned some of the victims' money in the form of "interest" before the case occurred, and it did not reduce the losses of the other victims, and should not be deducted from the amount of the crime.

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