Что такое мошенничество?

Fraud is the theft of another's property or the acquisition of rights to another's property through deception or breach of trust. A necessary characteristic of fraud is the perpetrator's selfish intent, that is, the desire to illegally and gratuitously transfer another person's property or right to it to themselves or others. Fraud is committed through deception or breach of trust, under which the owner or other possessor of property voluntarily transfers the property or right to it to others. Deception may consist of the perpetrator intentionally misleading the owner or other possessor of property by providing knowingly false, untrue information, or by concealing true facts that should have been disclosed, creating in the owner or other person the erroneous impression that the property has been legally transferred to the perpetrator. Deception may be either written or oral. As a result of fraud, the owner or other possessor of property, having been misled, voluntarily transfers the property to the guilty party, believing that there are grounds for doing so and that they are acting in their own interests. Breach of trust, as a method of fraud, involves the perpetrator exploiting the trust established between them and the owner or other person in charge of the property to illegally obtain another's property or right to it for selfish motives. The trust of the property owner or other person in the fraudster may be based on various circumstances: personal acquaintance, recommendations from relatives and other persons, the official position of the perpetrator, etc. Fraud is considered complete from the moment the stolen property is seized and transferred into the illegal possession of the perpetrator or other persons, and they have the real opportunity to own, use, or dispose of it at their own discretion as their own. To distinguish fraud from civil law relations, it should be noted that in fraud, the intent to steal someone else's property or acquire a right to another's property through deception or abuse of trust arises in the perpetrator before and/or at the time of the conclusion of the contract providing for the receipt of someone else's property or right to it. In such cases, the perpetrator's deceptive actions must be causally related to the fact of the perpetrator's receipt of the property or the acquisition of the right to the property; i.e., the deceptive actions must precede the transfer of the property or the acquisition of the right to it. Liability for "simple" fraud (Part 1 of Article 190 of the Criminal Code): a fine of up to 1,000 MCI correctional labor of the same amount community service for up to 600 hours restriction of liberty for up to 2 years imprisonment for up to 2 years, with confiscation of property. For Part 4 – criminal group/especially large scale (more than 11,112,000 tenge) - imprisonment for a term of 5 to 10 years with confiscation of property, with or without lifelong deprivation of the right to hold certain positions or engage in certain activities. Statistics for the last 5 years: Number of fraud cases registered in the Unified Register of Pre-trial Investigations: 2015: 37,729 2016: 30,358 2017: 27,467 2018: 29,282 Of which: 517 internet fraud 2019: 32,286 Of which: 7,769 internet fraud Relating to real estate – 1 #lawyerAlmaty #lawyer #TairNazkhanov #kazakhlawyer #lawyer #courts #TairNazkhanov #Kazakhstan #lawyerstan #lawyerkazakhstan #legalconsultation #loan #criminalcasesagainstlegalentities #legalconsultationalmaty #lawyersalmaty #lawyerkazakhstan #lawyerstan Contact Tair Nazkhanov: +77017718877 Subscribe to my channel! -    / АводактТаирНазханов   🔺Nazkhanov & Partners Website - Criminal Defense - https://www.ntp.kz 🔺Instagram:   / nazkhanov   🔺Facebook: https://www.facebook.com/profile.php?... 🔺Email: [email protected] Residence Permit in Kazakhstan    • Вид на жительство в Казахстане   Who can and cannot be photographed or filmed?    • Кого можно, а кого нельзя фотографировать ...