1, defrauding other people's property, if it is suspected that the amount is relatively large, it can be sentenced to public surveillance of not more than three years, criminal detention or fixed-term imprisonment, and also or only a fine;
2. If the amount of fraud 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 fined;
3. 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.
First of all, the elements of the crime of fraud include:
1. The object of the crime of fraud is the ownership of public and private property. Some criminal activities, although they also use some deception and even pursue some illegal economic interests, are not or are not limited to the ownership of public and private property. So it does not constitute fraud. For example, abducting and selling women and children is a crime of violating personal rights;
2. The crime of fraud is objectively manifested in the use of fraud to defraud a large amount of public and private property;
3. The subject of the crime of fraud is the general subject, and any natural person who has reached the legal age of criminal responsibility and has the ability of criminal responsibility can constitute this crime;
4. The crime of fraud is subjectively direct and intentional, with the purpose of illegal possession of public and private property.
To sum up, the above three conditions are the basic elements that must be met by the routine loan filing. In practice, it is necessary to comprehensively analyze and judge according to the specific situation to ensure the accuracy and fairness of filing a case. At the same time, the crackdown and prevention of routine loan behavior also need to start from many aspects, including strengthening supervision, raising public awareness and strengthening law enforcement.
Legal basis:
Criminal law of the people's Republic of China
Article 266
If the crime of fraud defrauds public or private property, and the amount is relatively large, it shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or 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.