The sentencing standards for fraud are as follows:
(1) 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;
(2) 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;
(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.
The difference between fraud and fraud.
1, both of which use deception, and the latter may also obtain property benefits. These two points are the same. But the subjective purpose, criminal means, the amount of property and the object of infringement are all different.
2. The crime of swindling and cheating is an act of pretending to be a state functionary for the purpose of defrauding all kinds of illegal interests and carrying out swindling and cheating activities, which damages the prestige of state organs, public interests or citizens' legitimate rights and interests. It deceives not only property (but not limited to the amount), but also work, position, honor and so on. It is a crime of disturbing social management order.
3. Criminals pretend to be state functionaries to defraud public and private property, which infringes on property rights and damages the prestige and normal activities of state organs, and are implicated offenders. Therefore, the crime should be identified and severely punished according to the main object and main harmfulness of the act.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Article 266 of the Criminal Law.
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.