(3) Subject requirements: The subject of this crime of fraud is a general subject. Any natural person who has reached the legal age of criminal responsibility and has the ability to be criminally responsible can commit this crime.
(4) Subjective elements: The crime of fraud is subjectively manifested as direct intention and has the purpose of illegally possessing public and private property. According to Article 266 of the "Criminal Law of the People's Republic of China", whoever commits fraud with 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 solely be fined; if the amount is huge or there are other serious circumstances, he shall be sentenced to three years' imprisonment or The offender shall be sentenced to fixed-term imprisonment of not less than 10 years and not more than 10 years and shall also be fined; if the amount is particularly huge or 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 his property shall be confiscated.
Legal basis: According to Article 266 of the "Criminal Law of the People's Republic of China", whoever defrauds public or private property, and the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or surveillance, and shall be fined concurrently or solely. fine; 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 particularly huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment and shall also be fined or Confiscation of property. According to Article 266 of the Criminal Law, the crime of fraud shall be punished according to the following standards: 1. If the amount of fraud is relatively large and reaches the legal amount, it shall constitute the crime of fraud and shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also be fined; 2. If the amount is huge or there are other serious circumstances, the crime 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 is particularly huge or there are other particularly serious circumstances, the person shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and shall also be fined or have property confiscated. Article 266 of the Criminal Law of the People's Republic of China. Whoever defrauds public or private property and the amount is relatively large shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and may also 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 and not more than 10 years, and shall also be fined; If the amount is particularly huge or there are other particularly serious circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and shall also be fined or have property confiscated. If this law provides otherwise, such provisions shall prevail.