Contract fraud analysis
In terms of the form and content of the contract in the crime of contract fraud, there are two situations: (1) a contract signed under a false pretence. False appearance means that the name and identity of the actor, the contract signed, the official seal used and the letter of introduction are false. The false appearance will inevitably lead to the falsehood of the contract content, that is, the content of the contract can not be performed objectively. When the actor signs such a contract with another person, the intent of fraud is obvious. As long as the property of the deceived person is in hand, it can be deemed that the contract fraud has been completed.
(2) A contract signed in its true colors. The true face means that the name and identity of the actor, the contract signed, the official seal used and the letter of introduction are all true, that is, there is actually this unit or individual. The content of a contract signed in its true face may be true or false, and there are also three situations:
The first is a contract with true content, that is, a contract signed by the actor on the premise of having the actual ability to perform. The signing of such a contract at least shows that the actor has a real intention to conduct economic exchanges through the contract at the time of signing, not to defraud money. According to the spirit of the relevant judicial interpretation, even if the contract is not fully performed after signing, it is not a crime of fraud. However, it should be noted that some actors sign contracts with others that greatly exceed this performance capacity with limited performance capacity, such as contracts for the supply of 100 tons of coal, but contracts for the supply of 100 tons of coal have been signed with multiple customers one after another. If after signing, the actors actively identify the source of goods and try to perform the contract, although they ultimately fail to perform the contract completely, it is not recognized as a crime of fraud. However, if the actor does not try to perform the contract after signing multiple contracts, his intent of fraud is obvious, and he should be treated as a contract fraud crime.
Second, contracts with half truths. That is to say, the actor has initially contacted the source of goods, but the source of goods has not been completely determined or has not been completely obtained. The content of the contract signed under such circumstances is half true. This kind of contract objectively has the possibility of partial performance, and whether the actor makes efforts to perform the contract subjectively and in actual behavior becomes the key to determine the nature of his behavior. If the actor has the intention to perform the contract and objectively makes positive efforts to perform the contract, and finally fails to perform the contract for various objective reasons, it can not be identified as a crime of fraud. On the contrary, if the actor has no intention to perform the contract subjectively after receiving the advance payment or deposit from others despite the possibility of performance objectively, this is actually a fraud in the name of partial performance capacity, and of course it should be punished as a crime of contract fraud.
The third is the contract with false content, that is, the actor signed the contract without the ability to perform the contract. The actor subjectively intends to possess others’ money without compensation and has no intention to return it. Objectively, he uses the cheated money for squandering or other purposes, which should be punished as the crime of contract fraud. If the perpetrator illegally occupies other people’s money objectively, but subjectively does not want to occupy it for a long time, but wants to temporarily obtain the possession, use, or even income right of the property, and return it after the business is successful. This is actually an act of using other people’s funds, and it is generally not suitable to be punished as a crime of fraud.
The main targets of economic contract fraud are:
(1) Signing false purchase and sales contracts to defraud goods. Some forged certificates and contracts to sign contracts with the other party; Some forged letters of guarantee from banks or other departments and signed contracts with the other party in their legal capacity; Some forged bank bills, stole blank cheques of units, and lured the other party to sign contracts by using invalid cheques or empty cheques; Some signed contracts with the other party on the grounds of negotiating business, placing orders, and helping others to promote their products. Most of the actors conceal their true identity when they cheat, and take advantage of the other party’s eagerness to promote their own products to defraud the goods on the grounds of taking delivery of the goods first and paying later. Then sell the goods at a low price, embezzle the money, or use the goods for debt repayment and mortgage.
(2) Fictitious sources of goods, signing short contracts and defrauding loans. Some forged fake approval documents from superior competent departments as sources of goods; Some use forged bills of lading as the source of goods; Some seize the other party’s psychology that they are in urgent need of certain materials and commodities, and verbally fabricate the source of goods; Some deliberately let the other party see that they do not belong to themselves but falsely claim that they are their own goods, or that there is no goods to see at all, so as to deceive the other party; Some use forged sales contracts as sources of goods; wait.
(3) Forging identity and signing false contracts to defraud others of advance payment or deposit. The perpetrator who uses this method to cheat has two kinds of Psychology: one is that as long as he swindles the advance payment or deposit, he will be successful; the other is that he swindles the advance payment or deposit first, and then continues to swindle the payment if possible, and then walks away if impossible.
(4) Use bait to open the way and cheat others of money and property. In order to achieve the purpose of defrauding the other party of huge amounts of property, some criminals use the payment of part of the advance payment as the bait, and once the other party’s money and property are placed under the control of Bai Ji, they run away. Others use the means of partially performing the contract to cheat the other party’s trust, induce the other party to further deliver property according to the contract, and use the fraudulent means of taking a long line and fishing for big fish to cheat money and goods.
(5) Signing fake contracts to defraud others of their activity fees, benefit fees or commission fees, etc. the real purpose of these people signing contracts with the other party is not to defraud goods and loans, nor to defraud deposits or prepayments, but to defraud all kinds of nominal expenses in one go. As long as they get this property, they will fly away. Generally, these people forge their identities and certificates, claim to be able to buy urgently needed and in short supply, or use the bait of helping the other party to sell their products, and write that the other party has signed a false sales contract. (6) Signing contracts with others in the name of joint business, investment and cooperation to defraud. When using this method to defraud, the perpetrator often forges the business license and registered capital in the name of a company, Jianchang, etc., under the cover of legal identity, to deceive others into signing a joint operation agreement with it, and defraud others of money.