1. How many years can online fraud be sentenced to?
Under normal circumstances, according to the amount of online fraud, the perpetrators are sentenced to fixed-term imprisonment of less than three years, imprisonment of less than three years 10 years, imprisonment of more than 10 years and life imprisonment. Of course, there are special circumstances. For example, a college student in Shandong was defrauded of a tuition fee of 9,000 yuan, which should have been sentenced to fixed-term imprisonment of less than three years, but the fraud led to the unfortunate death of the party and the suspect was sentenced to life imprisonment. Another example is Chen, who gathered people to form a fraud gang, issued false winning information, and then threatened to ask the victims to pay the handling fee for a series of reasons, defrauding 63 victims of more than 680,000 yuan. Because Chen was the principal offender in the crime, he was sentenced to life imprisonment for several crimes as appropriate, and the other defendants were sentenced to a maximum of fixed-term imprisonment of 15 years.
Therefore, minor crime, attempted crime, principal and accessory, voluntary contribution, surrender, recidivism, reaching a settlement and causing serious harm will all affect sentencing.
Second, how much fraud can be filed?
In case of online fraud, how much money can be filed is the most concerned issue for many people. Generally speaking, a fraud amount of 3,000 yuan constitutes the filing standard of telecom fraud, but this does not mean that a fraud amount of less than 3,000 yuan cannot be filed. As long as the other party's behavior constitutes telecom fraud, if the party provides the criminal information and other information of the suspect, such as bank account number and telephone number, which can prove the existence of fraud, or the police receive reports from other victims, the police will file a case for investigation. It can also be understood that no matter how much the case is worth, as long as it meets the conditions for filing, it can be filed.
Three, what circumstances can be exempted from criminal punishment?
The amount of online fraud is less than 3,000 yuan; Send less than 5,000 fraudulent short messages or make less than 500 fraudulent phone calls; Publishing fraudulent information on the Internet with less than 5000 views; Coerced accomplices and accomplices do not participate in the distribution of stolen goods or take less stolen goods; Obtain the understanding of the victims; Refund the stolen money or compensation before the judgment of the first instance; Fraud on the property of close relatives, understanding of close relatives, etc. Can be exempted from criminal punishment. Although there is exemption from criminal punishment, it does not mean that the actor can wander outside the law and may bear corresponding civil liability.
Fourth, how to determine the amount of fraud?
The amount of fraud refers to the amount obtained by the perpetrator through fraud, not the amount of the final profit. The necessary expenses paid by the actor for the implementation of online fraud activities shall be included in the crime amount of fraud. For example, buying a computer, paying rent, employee salaries and other expenses. * * * In the same criminal case, the amount of fraud is not the amount handled, defrauded or profited by individuals, but the total amount of fraud in the whole case. The amount refunded before the incident should be deducted from the amount of fraud. Finally, the amount involved is proved by the file evidence.
Due to objective conditions, many online fraud cases cannot determine the specific amount, but it does not mean that it will not cause damage. At this time, we can observe whether there are the following three situations: sending more than 5000 fraudulent information; Make fraudulent phone calls more than 500 times; Fraud and serious harm. Anyone who has one of these three situations should be convicted and punished for fraud (attempted).
Fifth, the chain of evidence directly affects sentencing.
Online evidence and offline evidence are difficult to connect in online fraud crimes, and the integrity of evidence chain plays a vital role in sentencing. Let's look at a case. Shandong Li and other five people ganged up to use the network platform to implement telecom network fraud. They used the money they got to buy bitcoin from overseas websites. The value of bitcoin is uncertain, which makes it difficult to find out the amount involved. This method of transferring money abroad through multi-level transfer and money laundering is very common in online fraud cases. It is difficult for each sum of money to form a chain of evidence pointing to the criminal suspect. Therefore, when handling a case, the parties can turn to a professional lawyer to help identify the materials, find out the relevance of the evidence, and better safeguard their rights and interests.
Legal basis: Article 266 of the Criminal Law, whoever defrauds public or private property in 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 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.