But it is difficult to identify fraud in your single case, and it is too difficult to prove it. Usually, you will be considered as a gift. Public security generally does not file a case.
Extended data
Elements of fraud
First, the object elements
The object of the crime of fraud is limited to the property of the state, the collective or the individual, and no other illegal interests may be defrauded. Its goal should also exclude loans from financial institutions. Because article 193 of the criminal law has specifically stipulated the crime of loan fraud.
Second, objective factors.
First, the perpetrator committed fraud. Formally speaking, fraud includes two kinds, one is to fabricate facts, the other is to conceal the truth, both of which are essentially behaviors that make victims fall into wrong understanding.
Secondly, fraud makes the other party have a wrong understanding. The misunderstanding of the other party is caused by the fraud of the perpetrator. Even if the other party has some misjudgments, it does not prevent the fraud from being established.
Thirdly, the establishment of the crime of fraud requires the victim to dispose of his property after falling into a wrong understanding. Disposing of property is manifested as direct delivery of property, or commitment of the actor to obtain property, or commitment to transfer property interests. If the perpetrator commits fraud and makes others give up their property, and the perpetrator picks up the property, he should also be punished as fraud.
Finally, after the victim disposed of the property by fraudulent means, the actor obtained the property, thus damaging the victim's property. According to Article 266 of the Criminal Law, it is a crime to defraud a large amount of public or private property. According to the latest judicial interpretation of 20 10 165438 adopted at the 49th meeting of the 11th supervisory committee of the Supreme People's Procuratorate, the amount of fraud is relatively large, ranging from 3000 yuan to 10000 yuan.
Third, the main content
The subject of this crime is the general subject, and any natural person who has reached the legal age of criminal responsibility and has the ability of criminal responsibility can constitute this crime.
Fourth, subjective factors.
Subjectively, this crime is direct and intentional, with the purpose of illegal possession of public and private property.