As a criminal charge of property infringement, the final sentencing and conviction are based on the amount of fraud.
(1) Those whose fraud value is more than 6,000 yuan but less than 654.38 million yuan (telecom fraud is more than 3,000 yuan but less than 30,000 yuan) belong to "relatively large amount", and shall be put on file for prosecution, sentenced to fixed-term imprisonment of not more than three years, criminal detention or control, and fined;
(2) Whoever swindles goods with a value of 654.38+10,000 yuan (telecom fraud of 30,000 yuan) but less than 500,000 yuan "is huge", or there are other serious circumstances, shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined;
(3) If the amount of fraud is more than 500,000 yuan, or if there are other particularly 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.
Those who reach the above amount and have the following circumstances shall be given a heavier punishment as appropriate:
(1) Sending short messages, making phone calls or publishing false information through the Internet, radio and television, newspapers and magazines, etc., defrauding an unspecified majority;
(2) defrauding disaster relief, emergency rescue, flood control, special care, poverty alleviation, immigration, relief and medical funds and materials;
(three) fraud in the name of disaster relief fund-raising;
(four) defrauding the disabled, the elderly or the disabled;
(5) Causing the victim to commit suicide, mental disorder or other serious consequences.
Has reached the standard of "relatively large amount", but under any of the following circumstances, if the actor pleads guilty or repents, in accordance with the provisions of Article 37 of the Criminal Law and the Criminal Procedure Law, he may not prosecute or be exempted from criminal punishment:
Having a statutory lenient punishment;
(2) Before the verdict is pronounced in the first instance, all the stolen money and compensation money have been returned;
(three) did not participate in the distribution of stolen goods or less stolen goods and not the principal;
(4) the victim understands;
(5) Other circumstances are minor and harmless.
Fraud of the property of a close relative, which is forgiven by the close relative, can generally not be treated as a crime.
If it is really necessary to pursue criminal responsibility by defrauding the property of close relatives, the specific treatment should also be lenient as appropriate.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis:
Article 266 of the Criminal Law of People's Republic of China (PRC)
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.