DEFINITION OF DEFRAUD

DEFINITION OF DEFRAUD

Defraud, from the Latin defraudāre, is a verb that is related to a breach of trust. The person who defrauds another has lied to him or has not fulfilled what was expected of him.

For example: “I never thought you were going to let me down: last night I needed your help and you never answered my call”, “I appreciate the coach’s trust: I’m not going to let him down”, “The governor disappointed voters again by increasing the taxes, doing the opposite of what he had promised during the campaign.

Fraud can take place when, by breaching a duty or abusing trust, a subject affects the interests or rights of a third party. Suppose a soccer player sends his manager to negotiate a contract with a foreign club. His representative agrees to a salary of $50,000 a month for the player, but tells him that she only managed to get him a salary of $40,000, keeping the difference hidden. Upon learning of the maneuver, the player will be able to say that his agent defrauded him.

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The concept of defrauding is also used in relation to the payment of taxes and tributes. When a citizen must pay a certain amount of money to the treasury in concept of taxes and, nevertheless, evades the payment obligation of him, he can be accused of fraud. The crime of fraud is usually typified within the Penal Code as a form of fraud.

In this case, for example, there is talk of defrauding the Public Treasury in Spanish territory, since in each country the phrase with which this crime is represented is different but means the same. The sanction that is generally applied to those citizens who opt for this tacit criminal act instead of paying the taxes that they must pay in accordance with current regulations, are usually monetary, but can also be criminal, another aspect that varies country function.

These tax breaches are so serious that they are not simple infractions but crimes, and must be assumed by the corresponding Criminal Court to instruct the corresponding procedure and sentence according to the particular characteristics of each case. The differences between a tax violation and a tax crime is not so profound but is based on the amount of money for which the individual defrauds the tax agency.

In addition, it is not enough even to avoid the entry of the minimum amount established by the Law, but it is also necessary that the subject has acted with the intention of keeping the money. This is known as the subjective element of the crime.

Within this tax crime label, it is possible to distinguish more than one type, depending on local laws. Although they are not the same in all territories, the following are among the most common:

* evade taxes, which can be from the local government, the autonomous community or the State;

* defraud Social Security ;

* failing to meet the requirements of certain plans to obtain illicit benefits. For example, in the case of public aid, rebates or subsidies;

* improperly obtaining public funds;

* Committing an accounting crime, such as including in the list of expenses a disbursement that is not related to the economic activity of the company.

Finally, disappointing can be what a person feels when they did not meet what was expected of them or did not live up to expectations: “When I dropped out of school, I know I let my parents down”, “I was convinced my abilities, I never thought I would let down all those who trusted me”.

DEFRAUD

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