1. The perpetrator has used the fraudulent property to pay off debts or transferred it to others. In any of the following circumstances, it shall be recovered according to law:
(1) The other party collects it knowing that it is fraudulent property;
(2) The other party obtains fraudulent property for free;
(3) The other party obtains fraudulent property at a price significantly lower than the market price;
(4) The fraudulent property obtained by the other party originated from illegal debts or illegal and criminal activities.
Second, what is the sentencing standard for the crime of fraudulent loans?
1. Whoever commits the crime of loan fraud shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and fined not less than 20,000 yuan but not more than 200,000 yuan.
2. Whoever commits the crime of loan fraud, if the amount is huge or there are other serious circumstances, shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan.
Third, common fraud.
1. Telecom fraud, such as stealing QQ numbers, WeChat and other general accounts and pretending to be acquaintances.
2. Pretending to be an insider to cheat, such as pretending to be "Beijing Fucai 3D Information Center", people can get the winning information in advance to cheat.
3. Fraud of posing as a public prosecutor, such as criminals posing as "public prosecutors, lawyers" and other state organs to transfer money to a safe account.
4. Pretending to be an acquaintance for fraud, such as using a "magic mobile phone" to impersonate people with different roles to commit fraud.
5. Pretending to be a health financial system personnel, such as receiving a newborn allowance to commit fraud.
Legal basis:
Criminal law of the people's Republic of China
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.