How to judge live fraud and brush gifts?

Live fraud brush gifts have the following judgments:

1. Whoever defrauds public or private property from 3,000 yuan to 10,000 yuan, if the amount is relatively large, 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;

2. Whoever defrauds public or private property from 30,000 yuan to 100,000 yuan, if the amount 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. Whoever defrauds public or private property of more than 500,000 yuan, if the amount is especially huge or there are other particularly serious circumstances, shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated.

Conditions for anchor to constitute fraud:

1, the object of infringement is public and private property. After the victim disposed of the property by fraudulent means, the actor obtained the property, thus damaging the victim's property;

2. Objectively, it is characterized by using fraudulent means to defraud a large number of public and private property. Some anchors trick the parties into brushing huge virtual gifts through falling in love or illegal pornography, thus achieving the purpose of fraud;

3. The subject is a general subject, and any natural person who has reached the legal age of criminal responsibility and has criminal responsibility ability can constitute this crime;

4. Subjectively, it is direct and intentional, with the purpose of illegally occupying public and private property.

To sum up, the general inducement of anchors is neither illegal nor criminal, but if consumers are caught in a wrong understanding and dispose of their property, it may constitute fraud. Those who fail to meet the filing standards shall be given administrative punishment in accordance with the Law on Public Security Administration Punishment, detained for more than five days and less than ten days, and may be fined up to five hundred yuan.

Legal basis:

Article 266 of the Criminal Law of People's Republic of China (PRC)

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.