论文部分内容阅读
诈骗罪是指以非法占有为目的,用虚构的事实或隐瞒事实真相的方法,骗取数额较大的公私财物的行为。构成诈骗罪的条件:第一,行为人主观上必须具有诈骗的直接故意,即非法将公私财物据为己有的目的。对将诈骗所得的财物作为自己享用,还是赠与他人,不影响诈骗罪的成立。第二,客观上必须是实施了用欺骗方法将公私财物据为己有的行为。所谓欺骗是指行为人虚构假情况或隐瞒事实真相,使受骗人信以为真,“自愿”将财物交给行为人。受骗人的“自愿”是被行为人的假相迷惑的结果,并非真正自愿。至于是当场或事后取得财物不
Fraudulent crime refers to the illegal possession for the purpose, with fictional facts or conceal the truth, a large amount of fraudulent acts of public and private property. The conditions for constituting a crime of fraud are as follows: First, the perpetrator must have the direct intention of fraud in the subjective sense, that is, to illegally take public and private property for his own purpose. It is for the enjoyment of the property obtained from the fraud or for giving to others without affecting the establishment of fraud. Second, objectively, it is necessary to implement the act of deceiving public and private property for its own sake. The so-called deceit is the behavior of fictitious fake circumstances or conceal the truth, so that deceived people believe that “voluntary” property to the perpetrator. The “voluntariness” of the deceived person is the result of being confused by the perpetrator’s falsehood and not really voluntary. As for the spot or after the acquisition of property does not