1. The "large amount" as stipulated in Article 224 of the Criminal Law refers to that individuals swindle public and private property of more than 6,543.8+million yuan, and units swindle public and private property of more than 6,543.8+million yuan; "Huge amount" means that the amount of personal fraud of public and private property is more than 50,000 yuan, and the amount of unit fraud of public and private property is more than 500,000 yuan; "Huge amount" means that individuals swindle public and private property for more than 300,000 yuan, and units swindle public and private property for more than 2 million yuan.
2 "Other serious circumstances" refers to any of the following circumstances:
(1) Bad motive and means of committing crimes;
(2) Repeated deception has caused adverse effects;
(3) Causing damage to the victim and making life difficult;
(4) refusing to return stolen goods, repay debts or compensate for losses.
3 "Other particularly serious circumstances" refers to any of the following circumstances:
(1) defrauding legal persons, other organizations or others of the means of production urgently needed, which seriously affects production or causes other serious losses;
(two) the crime of escape is seriously harmful;
(3) defrauding disaster relief, emergency rescue, flood control, poverty alleviation, medical funds and materials, etc. , causing serious consequences;
(4) Spending fraudulent property, which makes it impossible to return the fraudulent property;
(five) the use of fraudulent property for illegal and criminal activities;
(6) Causing death, mental disorder or other serious consequences to the victim.
Second, how to identify the crime of contract fraud
(A) the composition of the crime of contract fraud
The crime of contract fraud refers to the act of defrauding the other party's property by fabricating facts or concealing the truth for the purpose of illegal possession in the process of signing and performing the contract. The composition of the crime of contract fraud is as follows:
1, the object of this crime is a complex object, that is, the state's management order of economic contracts and the ownership of public and private property. The object of this crime is public and private property.
2. The objective aspect of this crime is the behavior of defrauding the other party's property in a large amount by fabricating facts or concealing the truth in the process of signing and performing the contract.
3. The subject of this crime can be constituted by any individual or unit. The individual who commits this crime is the general subject, and the unit that commits this crime is any unit.
4. The subjective aspect of this crime is direct intention, with the purpose of illegally possessing the property of the other party.
(B) the prosecution standard of contract fraud
Anyone who, for the purpose of illegal possession, defrauds the other party of property in the process of signing and performing a contract shall be prosecuted under any of the following circumstances:
1, personal fraud of public or private property, with the amount ranging from 5,000 yuan to 20,000 yuan;
2, the person in charge directly responsible for the unit and other directly responsible personnel in the name of the unit to implement fraud, fraud proceeds owned by the unit, the amount of more than 50 thousand yuan to 200 thousand yuan.