Through gambling behavior, the actor wins or loses the original no chance, but pretending to have a chance, to induce the other party to participate in gambling, so as to illegally obtain the other party's property. In the gambling fraud, the victim's participation in gambling is of course illegal, but does not affect the characterization of the perpetrator, because the constituent elements of the crime of fraud do not require the other party's property disposition behavior out of specific motives, as long as the perpetrator's fraud behavior leads to the payer to dispose of property, and then the perpetrator to obtain property damage to the payer's property, can be established fraud. In judicial practice, some case investigators believe that the so-called victims in this type of case to participate in gambling is illegal activities, the gambling funds lost by them are not protected by law, should be recovered or confiscated, and then the case will be treated as exonerating, resulting in a prominent problem of leakage, it is urgent to clarify this wrong understanding from the legal principle. In gambling fraud crime, where the victim delivers gambling funds for gambling, it constitutes payment for illegal reasons. Although the result of the wrongful cause payment is that the victim loses the civil law right to return, it does not mean that he cannot seek the protection of the criminal law. The difference in the purpose of criminal and civil norms determines that the establishment of a crime in criminal law is not completely dependent on the result of civil law, and must be judged independently. The civil law protects rights and restores damaged rights through compensation, while the criminal law protects order. The crime of fraud is established not only to protect property rights, but more importantly to maintain normal social property order. The legal order requires that gambling funds used for gambling be recovered or confiscated, but before being recovered or confiscated according to law, the corresponding unauthorized possession itself should also be respected and protected. No one can violate or interfere with it at will, otherwise the social order will be out of control. Thus, the system of recovery and confiscation does not prevent the evaluation of the right to possess property in the sense of criminal law. The victim's property used for illegal purposes such as gambling should still be protected by the criminal law. This is the legal basis for gambling fraud to constitute a crime【Ball game,sports,Video games,】