Shock fraud

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The impact of fraud is the gang-commission form of shipping fraud within the meaning of § 263 of the Criminal Code .

Here, several perpetrators join forces with the intent of extensive fraudulent acquisition of goods, for example in the car trade.

The perpetrators simulate the supplier's willingness and ability to pay, and sometimes also make a certain down payment on the purchase price. The remaining payment is agreed for a later date. The goods are however fast (often well below value) within this period as possible to third parties repelled . The perpetrators disappear with the proceeds without paying the suppliers.

If the fraud is committed in a gang and commercial manner, there is not only one rule example that is important for the assessment of the sentence ( Section 263, Paragraph 3, Sentence 2, No. 1 StGB). Rather, Section 263 (5) of the Criminal Code contains a qualifying offense that makes the act a crime if it is cumulatively committed in a gang and commercial manner . This fact is to be expressed in the judgment formula by listing the qualifying characteristics.

In the area of white-collar crime , the Federal Criminal Police Office recorded a total of 31,692 cases of fraud with a damage volume of EUR 879 million in 2015.

Individual evidence

  1. Julia Ptock: Gang-like fraud in online trading? Online retailer news, November 9, 2016
  2. BGH, decision of April 25, 2007 - 1 StR 181/07 marginal no. 8th
  3. ^ Federal Criminal Police Office: Federal Economic Crime Situation Report 2015 . Status 2015, p. 4. Link for download on the website of the BKA, accessed on April 19, 2017