Online romance transfers over 20,000 yuan, only to find the other party is male—how is fraud determined? A lawyer analyzes key points for recovering funds and filing a police report.

Recently, a news story about "a man transferred over 20,000 yuan in an online romance, only to find his girlfriend was actually a male suspect who has been criminally detained" has drawn public attention. According to reports, the victim met someone claiming to be female online, and after establishing a romantic relationship, transferred over 20,000 yuan in total, only to eventually discover that the person was actually male. The suspect has now been criminally detained. Such cases are not isolated incidents, and online romance fraud has become a high-incidence type of crime. From a legal perspective, this case involves not only the determination of criminal fraud but also practical issues such as how victims can recover their losses and how to preserve evidence. This article, based on the Criminal Law of the People's Republic of China and relevant judicial interpretations, sorts out the key legal points of online romance fraud from a lawyer's perspective, providing the public with ideas for rights protection.

1. Why Does Impersonating a Woman in an Online Romance to Transfer Money Constitute Fraud?

According to Article 266 of the Criminal Law of the People's Republic of China, the crime of fraud refers to the act of fabricating facts or concealing the truth for the purpose of unlawful possession, to defraud public or private property in a relatively large amount. In this case, the suspect, by impersonating a female and establishing a romantic relationship with the victim, fabricated facts regarding gender and emotional circumstances, causing the victim to fall into a mistaken understanding and dispose of property based on that misunderstanding. This fully satisfies the constituent elements of the crime of fraud.

Regarding the determination of "relatively large amount," according to the "Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases of Fraud," a nationwide threshold of 3,000 to 10,000 yuan or more for the value of defrauded public or private property may be recognized as "relatively large amount." In this case, the transfer amount exceeds 20,000 yuan, which has far surpassed that standard. Therefore, the public security organ's adoption of criminal detention measures against the suspect is in accordance with legal provisions.

It is noteworthy that in judicial practice, online romance fraud often exhibits a "one-to-many" characteristic, meaning the suspect simultaneously maintains so-called romantic relationships with multiple victims to defraud them of money. If the cumulative amount reaches "huge" (30,000 to 100,000 RMB or more) or "particularly huge" (500,000 RMB or more), the sentence will be significantly increased. If it is ascertained in this case that there are other victims, the amount involved may further accumulate, affecting the final conviction and sentencing.

II. How Can Victims Recover Their Losses? Dual-Track Parallel of Criminal Asset Recovery and Civil Claims

The issue that victims care most about is whether the money can be recovered. In judicial practice, there are two main paths to recovering losses: one is criminal recovery of stolen assets, and the other is filing an incidental civil action or a separate civil lawsuit.

In criminal asset recovery, according to Article 64 of the Criminal Law of the People's Republic of China, all property obtained by criminals through illegal means shall be recovered or restitution shall be ordered. During the investigation stage, public security organs will freeze and seize the suspect's property in accordance with the law, and the court will also order restitution when rendering judgment. However, in practice, if the suspect has already squandered or transferred the illicit funds, recovery becomes more difficult, and the victim may not be able to obtain full compensation.

In terms of civil claims, the victim may file an incidental civil action during the criminal proceedings, or initiate a separate civil lawsuit after the criminal judgment has been rendered, demanding the return of property by the suspect. However, it should be noted that if the court has already handled the matter through criminal recovery procedures, the victim may be unable to obtain compensation again for the same facts. Therefore, the victim should closely monitor the progress of the criminal case and promptly submit a list of property losses and supporting evidence to the case-handling authorities.

Furthermore, if the online platform is at fault in reviewing user information, providing risk warnings, or other aspects, the victim may, in accordance with the provisions on security obligations under Article 1198 of the Civil Code of the People's Republic of China, claim that the platform bear corresponding supplementary liability. However, such claims have a low success rate in judicial practice, and the primary recourse remains criminal asset recovery.

3. Evidence Preservation: How Can Transfer Records and Chat Records Become Valid Evidence?

Evidence is the cornerstone of rights protection. In cases of online marriage fraud, electronic data is the core type of evidence. According to Article 50 of the Criminal Procedure Law of the People's Republic of China, electronic data is a statutory type of evidence, including chat records, transfer records, audio and video, etc.

The victim should immediately preserve the following evidence:

**Transfer Vouchers**: Bank transfer records, WeChat/Alipay payment vouchers, red packet records, etc. should be fully screenshotted or exported as electronic receipts, and the original medium should be preserved.

2. **Chat Records**: Preserve the complete chat records with the "girlfriend," including text, voice messages, images, and videos—do not delete anything. It is recommended to use phone screen recording or backup software for preservation, and notarization may be applied for if necessary.

3. **Identity Information**: The WeChat account, phone number, receiving account name, etc. used by the other party, even if they may be false identities, can help the police track down leads.

4. **Case Filing Records**: The case acceptance receipt, case filing notification, and other documents issued by the public security authorities are key documents for subsequent litigation.

In practice, many victims lose evidence by deleting chat records or changing their phones, which makes case investigation difficult. Lawyers suggest that upon discovering fraud, victims should operate calmly, first comprehensively preserve evidence, and then engage with the other party to avoid alerting them. At the same time, victims may entrust a lawyer to help organize the evidence chain to ensure it meets the probative force required by law.

IV. Legal Guide to Preventing Online Romance Scams: Identifying "Pig-Butchering Scams" and Key Daily Prevention Points

Online dating fraud is often associated with the "pig-butchering" scheme, in which scammers establish romantic relationships through social platforms to induce victims to deposit money into fake investment platforms or transfer money directly. In addition to the "fake girlfriend" model in this case, common tactics also include: fabricating emergencies such as illness or car accidents to borrow money; inducing transfers under the pretext of "investing with me"; and even sending forged identification documents and photos to increase credibility.

From the perspective of legal prevention, the public should do the following:

1. **Verify identity**: Confirm the other person's true identity through video calls, in-person meetings, or other means, and be wary of "lovers" who refuse to meet or video chat for various reasons.

2. **Be cautious with large transfers**: For transactions involving significant sums of money, be sure to verify the recipient's account information, and if necessary, sign a written loan agreement specifying the nature of the borrowing to avoid it being characterized as a gift.

3. **Preserve Evidence**: Keep records of daily communications. If anything unusual is detected, promptly consult a lawyer or report to the police.

4. **Beware of Investment Inducements**: Any inducement to invest or transfer money based on "inside information" or "guaranteed profits" is often fraudulent. Do not trust such claims.

V. Lawyer's Advice: Three-Step Rights Protection Path for Online Romance Fraud

Facing online dating scams, victims often feel both angry and helpless. Lawyers at Guangdong Zhiming Law Firm suggest taking the following steps to protect your legal rights:

**Step 1: Immediately cease all transfers and preserve evidence.** Save all chat logs and transfer records, organize them into a list, and have them notarized if necessary.

**Step Two: File a Report Promptly.** Bring the evidence to the public security organ at the suspect's location or the victim's location to report the case and explain the situation. If the public security organ does not file the case, you may apply for reconsideration or request procuratorial organs to supervise case filing.

Step 3: Engage a professional lawyer. Lawyers can assist in analyzing the case, organizing evidence, drafting reporting materials, and pursuing incidental civil compensation in criminal proceedings. If the case involves multiple jurisdictions or many victims, lawyers can also help coordinate with judicial authorities in different regions, improving the efficiency of rights protection.

Be cautious in online romance, and think twice before transferring money. If someone asks for money under various pretexts, stay highly vigilant. Should you unfortunately fall victim to fraud, the law is your strongest weapon. Guangdong Zhiming Law Firm, with deep expertise in criminal defense and civil and commercial disputes, can provide you with professional legal support to help you recover your losses and protect your rights in accordance with the law.