What is Fraud? Concept of Fraud

Fraud is a deceitful act to make others believe for personal, illegal purposes. Fraud is a legal scientific term widely used by people in many areas of social life.

The motive of the person committing fraud is to appropriate the property of others or to cause others to misunderstand the truth and trust and support him. To successfully appropriate other people’s wealth and assets, people who commit fraud often use deceitful statements such as: presentations, introductions, and advertisements that are very good, very good, but not effective. true about the nature of the object or event while still making the person who has the property or the person responsible for keeping the property believe that the presentations, introductions, and advertisements are true so that they can then buy, sell, or exchange them. exchange, donate or hand over your assets or support or help the fraudster to achieve his or her satisfaction.

Fraudsters also use other tricks and deceitful acts such as: impersonation – disguising themselves to look like reputable people, with positions, powers, and high positions in society to deceive them. property owners have absolute confidence in them. Even scammers also forge documents, official letters, papers, certificates…; They also forged signatures of competent people, forged seals of agencies of the Party, State, and socio-political organizations in order to win the absolute trust of those with wealth. wealth to usurp their properties or to enthusiastically support and help themselves.

Concept of Fraud

According to the provisions of the 2015 Penal Code, amended and supplemented in 2017 and Decree 167/2013/ND-CP. Crime of deceitful appropriation of property, acts of using deceitful tricks or running away to appropriate other people’s property are illegal acts, depending on the nature, severity and serious consequences of the acts. will be handled administratively or handled under criminal law for fraud and appropriation of property according to the law.

Regulations on penalties for fraudulent appropriation of property

The act of using deceitful tricks or escape to appropriate another person’s property that does not reach the level of criminal prosecution will be administratively handled according to the provisions of Article 15 of Decree 167/2013/ND-CP,

  • Fine up to 2,000,000 VND, in addition, confiscation of evidence and means of administrative violations
  • Additional sanctions: Confiscation of material evidences and means of administrative violations for the acts specified at Points a, b and c, Clause 1; Points c, dd, e Clause 2 of this Article.
  • Foreigners who commit administrative violations specified in Clauses 1 and 2 of this Article, depending on the seriousness of their violations, may be subject to the sanction of expulsion from the Socialist Republic of Vietnam.”

Handling criminal law fraud and appropriation of property

If there are enough signs to constitute a crime, fraudulent appropriation of another person’s property will be criminally prosecuted for “Crime of fraudulent appropriation of property” according to the provisions of Article 174 of the 2015 Penal Code, amended and supplemented. 2017, with the penalty frame for fraudulent appropriation of property, the maximum prison sentence is up to life imprisonment. Specifically :

– Any person who fraudulently appropriates another person’s property worth from 2,000,000 VND to less than 50,000,000 VND or less than 2,000,000 VND but falls into one of the following cases, shall be sentenced to reform. Detention for up to 03 years or imprisonment from 06 months to 03 years:

a) Has been administratively sanctioned for property appropriation but continues to violate it;

b) Having been convicted of this crime or of one of the crimes specified in Articles 168, 169, 170, 171, 172, 173, 175 and 290 of this Code, not yet entitled to criminal record remission but continue to commit them;

c) Causes adverse effects on security, order and social safety;

d) Property is the main means of making a living for the victim and his or her family;

– Committing the crime in one of the following circumstances, the offenders shall be sentenced to between 02 and 07 years of imprisonment:

a) Organized;

b) Be professional in nature;

c) Appropriating property worth from 50,000,000 VND to under 200,000,000 VND;

d) Dangerous recidivism;

đ) Abusing position, authority or abusing the name of an agency or organization;

e) Using cunning tricks;

– Committing a crime in one of the following cases shall be punished with imprisonment from 7 to 15 years:

a) Appropriating property worth from 200,000,000 VND to under 500,000,000 VND;

c) Taking advantage of natural disasters and epidemics.

– Committing the crime in one of the following circumstances, the offenders shall be sentenced to between 12 and 20 years of imprisonment or life imprisonment:

a) Appropriating property valued at VND 500,000,000 or more;

c) Taking advantage of war and emergency situations.

Offenders may also be fined from 10,000,000 VND to 100,000,000 VND, banned from holding certain positions, practicing certain professions or doing certain jobs for 01 to 05 years or having part or all of their assets confiscated. product.

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