信用证诈骗罪的认定

信用证诈骗罪类型较多,应从行为方式、行为人主观状态等各个方面入手认定处理。倒签提单和预借提单行为属民事违法行为,不应当构成信用证诈骗罪。开立无真实贸易背景信用证的行为,应定为信用证诈骗罪。信用证诈骗罪属结果犯,应以占有财物的结果是否发生为既未遂标志。此外,在认定信用证诈骗罪时,还要注意其与贷款诈骗罪、合同诈骗罪等相近犯罪的区别。

Identification of Fraud on Letter of Credit

There are various types of fraud on letter of credit. Identification should be based on the way of act, subjective state of the doer etc.. Act of antedated bill of lading and advance bill of lading are illegal acts in civil law and shall not be included in the crime of fraud. Opening a letter of credit without true trade background should be regarded as fraud. Fraud on letter of credit is a consequential offence and its judgement of the accomplished or not accomplished should be made according to the possession of property. In addition, in identification, we should pay attention to its difference with other similar crimes like loan fraud and contract fraud.