(1) If the amount of telecom fraud is more than 3,000 yuan, the starting point of sentencing can be determined within the range of criminal detention of more than three months and imprisonment of less than six months. For every additional 2,000 yuan, the sentence can be increased by one month to two months;
(2) If the amount of telecom fraud reaches 30,000 yuan, or there are other serious circumstances, the starting point of sentencing can be determined within the range of fixed-term imprisonment of more than three years and less than four years. For every increase of 10000 yuan, the prison term can be increased from six months to one year;
(3) If the amount of telecom fraud reaches 500,000, the starting point of sentencing can be determined within the range of 10 to 12 years of imprisonment. For every increase of 50,000 yuan, the sentence can be increased by one year to one year and six months.
2. Unable to find out the amount: the amount of fraud is difficult to find out, but under any of the following circumstances, it shall be deemed as "other serious circumstances" as stipulated in Article 266 of the Criminal Law, and shall be convicted and punished for fraud (attempted):
(1) Send more than 5,000 fraudulent short messages or make more than 500 fraudulent phone calls;
(2) Publishing fraudulent information on the Internet, with accumulated views of more than 5,000 times.
If it is difficult to collect evidence of the number of phone calls and text messages sent because the criminal suspect or defendant intentionally conceals or destroys the evidence, it can be comprehensively identified according to the verified daily number of phone calls and text messages, combined with the time when the criminal suspect or defendant committed the crime, the confession of the criminal suspect or defendant and other relevant evidence.
Identify the crime of fraud as the same crime;
1, the subject of the crime of fraud is a 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. Therefore, the perpetrator of the crime of fraud must be a natural person who has reached the legal age of criminal responsibility and has the ability of criminal responsibility;
2. The subjective aspect of the criminal suspect in the crime of fraud is direct intention, which has the purpose of illegally occupying public and private property. Then * * * criminals also deliberately commit crimes for the illegal possession of public and private property;
3. The crime of fraud is objectively manifested in the use of fraud to defraud a large number of public and private property. Then * * who commits fraud commits fraud and defrauds a large number of public and private property.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: People's Republic of China (PRC) Criminal Law.
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.