Is it fraud to take the initiative to give money for fortune telling?

Legal analysis: Fortune teller is a professional title for telling people fortune. Fortune telling is a common name among the people. The academic title is Zhouyi prediction, and the academic research of fortune telling is called Yi Xue, also called Shu Shu. It is an act of predicting or judging fate, good or bad luck and seeking guidance by using personal information such as the lines on people's faces and hands, the eight characters of birth and the strokes of names. Also called fortune telling. Offering money to tell fortune is not fraud. There are fortune tellers in counties, towns and markets. They take fortune-telling as their profession, and the Eight Immortals showed their magical power when crossing the sea. In order to survive and make a living, if you agree with him, you will get the reward of your labor, and they (they) will work, which is not fraud. The crime of fraud refers to the act of defrauding a large amount of public and private property by deception for the purpose of illegal possession.

Legal basis: Civil Code of People's Republic of China (PRC).

Article 148 If a party causes the other party to commit a civil juristic act against its true meaning by fraudulent means, the aggrieved party has the right to request the people's court or an arbitration institution to cancel it.

Article 149 If a third party commits a civil juristic act against its true meaning due to fraud, and the other party knows or should know about the fraud, the defrauded party has the right to request the people's court or an arbitration institution to cancel it.

Article 150 If one party or a third party coerces the other party to carry out a civil legal act against its true meaning, the coerced party has the right to request the people's court or an arbitration institution to cancel it.

Criminal law of the people's Republic of China

Article 192 Whoever illegally raises funds by fraudulent means for the purpose of illegal possession, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than seven years or life imprisonment, and shall also be fined or confiscated.

If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph.

Article 266 Whoever defrauds public or private property in a relatively large amount shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also, or shall only, be fined; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated. Where there are other provisions in this Law, such provisions shall prevail.