It is generally believed that the basic structure of this crime is: the perpetrator commits fraud for the purpose of illegal possession → the victim has a wrong understanding → the victim disposes of property based on the wrong understanding → the perpetrator obtains property → the victim suffers property losses.
1. Sentencing
Article 266 of the "Criminal Law" stipulates that whoever defrauds public or private property and the amount is relatively large shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or surveillance, and shall also or a fine alone; 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 particularly huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment. and shall be subject to fines or confiscation of property. If this law provides otherwise, such provisions shall prevail.
According to the "Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Fraud Cases", 1. According to the provisions of Articles 151 and 152 of the Criminal Law, defrauding public or private property in a relatively large amount shall constitute the crime of fraud. If an individual defrauds public or private property of more than 8,000 yuan, it is classified as "large amount"; if an individual defrauds public or private property of more than 30,000 yuan, it is classified as "huge amount".
2. Interpretations 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;
Article 1: The amount of defrauding public or private property is more than 3,000 yuan and 3,000 yuan. Those exceeding RMB 100,000, RMB 100,000, and RMB 500,000 shall be deemed as "relatively large amounts", "huge amounts" or "especially huge amounts" as stipulated in Article 266 of the Criminal Law respectively.
The higher people's courts and people's procuratorates of all provinces, autonomous regions, and municipalities directly under the Central Government may, based on the economic and social development of the region, jointly study and determine the specific amount standard implemented in the region within the amount specified in the preceding paragraph, and report it to the highest level. The People's Court and the Supreme People's Procuratorate shall file the case.
Article 2: Anyone who defrauds public or private property, reaching the amount specified in Article 1 of this Interpretation, and falls under any of the following circumstances may be severely punished in accordance with the provisions of Article 266 of the Criminal Law:
p>(1) Sending text messages, making phone calls, or publishing false information through the Internet, radio and television, newspapers, magazines, etc., to defraud an unspecified majority of people.
(2) Fraudulently obtaining funds and materials for disaster relief, emergency rescue, flood prevention, special care, poverty alleviation, immigration, relief, and medical care.
(3) Fraud in the name of raising funds for disaster relief.
(4) Defrauding disabled people, elderly people or disabled people of their property.
(5) Causing the victim to commit suicide, become insane or have other serious consequences.
If the amount of fraud is close to the "huge amount" or "particularly huge amount" standards stipulated in Article 1 of this Interpretation, and it falls under one of the circumstances specified in the preceding paragraph or is the leading member of a fraud group, it shall be determined as "Other serious circumstances" and "other particularly serious circumstances" stipulated in Article 266 of the Criminal Law.
Article 3: Although the defrauding of public or private property meets the "relatively large amount" standard stipulated in Article 1 of this Interpretation, but under one of the following circumstances, if the perpetrator pleads guilty or repentant, he shall be punished in accordance with Article 37 of the Criminal Law According to the provisions of Article 142 of the Criminal Procedure Law, prosecution may not be prosecuted or criminal punishment may be exempted:
(1) There are statutory lenient punishment circumstances.
(2) Before the judgment of first instance, all stolen money and items have been returned or compensated.
(3) He was not involved in the stolen goods or the stolen goods were relatively small and he was not the principal offender.
(4) The victim understands.
(5) Other circumstances are minor and harmless.
Article 4: Defrauding close relatives of property, if the close relatives know about it, will generally not be treated as a crime.
If it is indeed necessary to pursue criminal responsibility for defrauding close relatives of property, the specific treatment should be lenient as appropriate.
Article 5: Any attempted fraud involving a huge amount or other serious circumstances shall be convicted and punished.
Using telecommunications technologies such as sending text messages, making phone calls, and the Internet to defraud an unspecified number of people, and the amount of fraud is difficult to verify.
However, if one of the following circumstances occurs, it shall be deemed as "other serious circumstances" stipulated in Article 266 of the Criminal Law and shall be convicted and punished for the crime of fraud (attempted):
(1) Sending fraudulent information 5 More than a thousand.
(2) Make fraudulent calls more than 500 times.
(3) The fraud methods are bad and the harm is serious.
If the number of acts specified in the preceding paragraph reaches more than ten times the standards stipulated in items (1) and (2) of the previous paragraph, or if the means of fraud are particularly egregious and the harm is particularly serious, it shall be determined as Article 1 of the Criminal Law. "Other particularly serious circumstances" stipulated in Article 266 shall be convicted and punished as fraud (attempted).
Article 6 If the completed and attempted frauds reach different sentencing ranges respectively, they shall be punished according to the provisions of heavier punishment; if they reach the same sentencing range, they shall be punished as fraud.
Article 7 Anyone who knowingly provides assistance such as credit cards, mobile phone cards, communication tools, communication transmission channels, network technical support, expense settlement, etc. shall be punished with the crime of * * *.
Article 8 Whoever pretends to be a staff member of a state agency to commit fraud and simultaneously constitutes the crime of fraud shall be convicted and punished in accordance with the provisions on heavier penalties.
Article 9: Fraudulent property and its interest that are seized, detained, or frozen after the incident, if the ownership is clear, shall be returned to the victim; if the ownership is unclear, the property may be accounted for according to the amount of money and property defrauded. A proportion of the total property and interest seized, seized, or frozen in this case shall be returned to the victim, but the compensation that has been returned shall be deducted.
Article 10 If the perpetrator has used the property obtained by fraud to pay off debts or transferred it to others, and any of the following circumstances occurs, it shall be recovered in accordance with the law:
(1) The other party knowingly knows It is a fraud to obtain property.
(2) The other party obtains the fraudulent property for free.
(3) The other party obtained the fraudulent property at a price that was significantly lower than the market price.
(4) The fraudulent property obtained by the other party stems from illegal debts or illegal criminal activities.
If another person obtains fraudulent property in good faith, it will not be recovered.