Whoever swindles 50,000 yuan by telecommunication, if the amount is huge, 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 fraud is attempted, the amount is huge or there are other serious circumstances, it shall be convicted and punished. Using telecommunications technologies such as sending short messages, making phone calls, and the Internet to defraud an unspecified majority of people, and the amount of fraud is difficult to verify. However, if you send more than 5,000 fraudulent text messages or make more than 500 fraudulent phone calls, and the fraudulent means are bad and the circumstances are serious, it should be recognized as "other serious circumstances" as stipulated in the Criminal Law and convicted and punished for fraud (attempted). When determining the starting point of sentencing and the benchmark penalty, the defendant who commits telecommunication network fraud should generally choose a higher penalty. When determining the declared sentence, we should integrate the facts and circumstances of the whole case, accurately grasp the adjustment range of the heavier and lighter sentencing circumstances, and ensure that the crime and punishment are compatible.
What is the standard for filing fraud cases?
According to the Criminal Law of People's Republic of China (PRC) and related judicial interpretations, the standard for filing a criminal case of fraud is to defraud public and private property to 3,000 yuan. If the amount of fraud once does not reach the filing standard of 3,000 yuan, but the accumulated amount of fraud reaches 3,000 yuan for many times, it also constitutes a crime of fraud and should be convicted and punished according to law. Those who defraud public or private property worth more than 3,000 yuan and less than 10,000 yuan, and the amount of fraud is relatively large, are generally sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance; The amount of fraud is more than 30,000 yuan to10,000 yuan, which is a huge amount of economic fraud. 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.
I hope the above questions can help you. If you have other legal questions, please consult a professional lawyer.
Legal basis: Article 266 of the Criminal Law defrauds public or private property, and if the amount is relatively large, he 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.