Where a contractor for public work made a request for withdrawal of advance payment, which had been paid into the contractor's deposit account by the local public entity and may be withdrawn only for permitted purposes, while pretending to appropriate the withdrawn money for a permitted purpose, i.e. for making payment to the subcontractor, and caused the bank clerk who held a false belief to that effect to transfer money to the deposit account established by the contractor in the name of another person without permission thereof, the contractor's act constitutes the crime of fraud.