The basic concept of the crime of fraud refers to the act of defrauding a large amount of public and private property by fabricating facts or concealing the truth for the purpose of illegal possession. It is one of the important crimes against property stipulated in Chapter V of the Specific Provisions of Criminal Law. Compared with the crime of special fraud, it belongs to the crime of ordinary fraud. The crime of fraud refers to the act of defrauding a large amount of public and private property by means of fictional facts or concealing the truth for the purpose of illegal possession. It is generally believed that the basic structure of this crime is: the actor commits fraud for the purpose of illegal possession → the victim has a wrong understanding → the victim disposes of the property based on the wrong understanding → the actor obtains the property → the victim suffers property losses.

Both use deception, and the latter may also gain property benefits. These two points are the same, but the subjective purpose, criminal means, the amount of property claim and the object of infringement are different. The crime of swindling and cheating is aimed at defrauding all kinds of illegal interests, pretending to be a national staff member and implementing swindling and cheating activities. It is an act that damages the prestige of state organs, public interests or the legitimate rights and interests of citizens. It defrauded not only property, but also work, position, status, honor and so on. And it belongs to the crime of disturbing social management order. Criminals impersonate state functionaries to defraud public and private property, which infringes on property rights and damages the prestige and normal activities of state organs. They are implicated offenders, and should be charged according to the main object and main harmfulness of the act and given a heavier punishment. If the amount of property defrauded is not large, but the prestige of state organs is seriously damaged, it should be punished as swindling and cheating. On the contrary, it should be regarded as fraud. If two kinds of objects are seriously infringed, they should generally be treated as fraud according to the principle of a felony. If two kinds of crimes have been committed independently, they should be dealt with according to the principle of combined punishment for several crimes.