1. In general, a dispute over signing an investment agreement is a breach of contract, not fraud. However, anyone who signs an investment agreement with others by deception for the purpose of illegally possessing other people's property is suspected of committing contract fraud, and is sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or only be fined.
2. Legal basis: criminal law
Article 224 Whoever, in the process of signing and performing a contract, defrauds the other party of property for the purpose of illegal possession under any of the following circumstances, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also, or shall 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:
(1) Signing a contract in the name of a fictitious unit or others;
(2) Mortgaging with forged, altered or invalid bills or other false property rights certificates;
(three) to perform a small contract or part of the contract first, to deceive the other party to continue to sign and perform the contract, and to have no actual performance ability;
(4) After receiving the payment for goods, advance payment or secured property paid by the other party;
(5) defrauding the other party's property by other means.
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How long will it take to go to prison for misappropriating more than 2.5 million company funds and not returning them? What is the general sentence for misappropriating more than 2.5 million company funds and not returning them?
The specific sentencing needs to be analyzed according to the specific circumstances of the case. Article 272 of the Criminal Law: A staff member of a company, enterprise or other unit who, by taking advantage of his position, misappropriates the funds of his unit for personal use or lends them to others, and the amount is relatively large, which has not been paid back for more than three months, or, although it has not exceeded three months, the amount is relatively large, and he is engaged in profit-making activities or illegal activities, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; Whoever misappropriates the funds of his own unit in a huge amount, or fails to return the funds in a large amount, shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years. Personnel engaged in public service in state-owned companies, enterprises or other state-owned units and personnel appointed by state-owned companies, enterprises or other state-owned units to engage in public service in non-state-owned companies, enterprises or other units shall be convicted and punished in accordance with the provisions of Article 384 of this Law. Article 384 Any state functionary who, taking advantage of his position, misappropriates public funds for personal use to engage in illegal activities, or misappropriates a large amount of public funds for profit-making activities, or misappropriates a large amount of public funds for more than three months without paying them back, is guilty of corruption and shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years. Whoever misappropriates a huge amount of public funds and fails to return it shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment. Interpretation of the "two highs" on several issues concerning the application of laws in handling criminal cases of corruption and bribery Article 5 Whoever misappropriates public funds for personal use to carry out illegal activities, with the amount of more than 30,000 yuan, shall be investigated for criminal responsibility for the crime of misappropriation of public funds in accordance with the provisions of Article 384 of the Criminal Law; If the amount is more than 3 million yuan, it shall be deemed as "a huge amount" as stipulated in the first paragraph of Article 384th of the Criminal Law. Under any of the following circumstances, it shall be deemed as "serious" as stipulated in the first paragraph of Article 384 of the Criminal Law: (1) The amount of misappropriation of public funds is more than one million yuan; (2) misappropriating specific funds and materials such as disaster relief, emergency rescue, flood control, special care, poverty alleviation, immigration and relief, with the amount of more than 500,000 yuan but less than 1 million yuan; (three) misappropriation of public funds is not returned, and the amount is less than 500 thousand yuan/kloc-0 million yuan; (4) Other serious circumstances. Article 6 Whoever misappropriates public funds for personal use, conducts profit-making activities or fails to pay them back for more than three months, and the amount is more than 50,000 yuan, shall be deemed as "a large amount" as stipulated in the first paragraph of Article 384 of the Criminal Law; If the amount is more than 5 million yuan, it shall be deemed as "a huge amount" as stipulated in the first paragraph of Article 384th of the Criminal Law. Under any of the following circumstances, it shall be deemed as "serious" as stipulated in the first paragraph of Article 384 of the Criminal Law: (1) The amount of misappropriation of public funds is more than 2 million yuan; (two) misappropriation of disaster relief, emergency rescue, flood control, special care, poverty alleviation, immigration, relief and other specific funds and materials, the amount is more than one million yuan but less than two million yuan; (three) misappropriation of public funds, the amount of more than one million yuan but less than two million yuan; (4) Other serious circumstances. Suspected of a criminal offence and detained in criminal detention, family members should promptly entrust a lawyer to help them meet and understand the objective case, apply for bail pending trial, defend their innocence or misdemeanor according to the case, and strive for a lighter sentence or suspended sentence. If the case is too complicated or difficult to handle by himself, the actor may entrust a lawyer to handle it on his behalf. The sooner a criminal case is filed, the better. If your family is involved in a criminal case, it is recommended to find a criminal lawyer to handle it if economic conditions permit. If you have questions about criminal law, you can call immediately and get online answers.
2022. 12. 13
How long can you be sentenced for misappropriating more than 3 million company funds and not returning them? What is the law that misappropriates more than 3 million company funds and does not return them?
The specific sentencing needs to be analyzed according to the specific circumstances of the case. Article 272 of the Criminal Law: A staff member of a company, enterprise or other unit who, by taking advantage of his position, misappropriates the funds of his unit for personal use or lends them to others, and the amount is relatively large, which has not been paid back for more than three months, or, although it has not exceeded three months, the amount is relatively large, and he is engaged in profit-making activities or illegal activities, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; Whoever misappropriates the funds of his own unit in a huge amount, or fails to return the funds in a large amount, shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years. Personnel engaged in public service in state-owned companies, enterprises or other state-owned units and personnel appointed by state-owned companies, enterprises or other state-owned units to engage in public service in non-state-owned companies, enterprises or other units shall be convicted and punished in accordance with the provisions of Article 384 of this Law. Article 384 Any state functionary who, taking advantage of his position, misappropriates public funds for personal use to engage in illegal activities, or misappropriates a large amount of public funds for profit-making activities, or misappropriates a large amount of public funds for more than three months without paying them back, is guilty of corruption and shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years. Whoever misappropriates a huge amount of public funds and fails to return it shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment. Interpretation of the "two highs" on several issues concerning the application of laws in handling criminal cases of corruption and bribery Article 5 Whoever misappropriates public funds for personal use to carry out illegal activities, with the amount of more than 30,000 yuan, shall be investigated for criminal responsibility for the crime of misappropriation of public funds in accordance with the provisions of Article 384 of the Criminal Law; If the amount is more than 3 million yuan, it shall be deemed as "a huge amount" as stipulated in the first paragraph of Article 384th of the Criminal Law. Under any of the following circumstances, it shall be deemed as "serious" as stipulated in the first paragraph of Article 384 of the Criminal Law: (1) The amount of misappropriation of public funds is more than one million yuan; (2) misappropriating specific funds and materials such as disaster relief, emergency rescue, flood control, special care, poverty alleviation, immigration and relief, with the amount of more than 500,000 yuan but less than 1 million yuan; (three) misappropriation of public funds is not returned, and the amount is less than 500 thousand yuan/kloc-0 million yuan; (4) Other serious circumstances. Article 6 Whoever misappropriates public funds for personal use, conducts profit-making activities or fails to pay them back for more than three months, and the amount is more than 50,000 yuan, shall be deemed as "a large amount" as stipulated in the first paragraph of Article 384 of the Criminal Law; If the amount is more than 5 million yuan, it shall be deemed as "a huge amount" as stipulated in the first paragraph of Article 384th of the Criminal Law. Under any of the following circumstances, it shall be deemed as "serious" as stipulated in the first paragraph of Article 384 of the Criminal Law: (1) The amount of misappropriation of public funds is more than 2 million yuan; (two) misappropriation of disaster relief, emergency rescue, flood control, special care, poverty alleviation, immigration, relief and other specific funds and materials, the amount is more than one million yuan but less than two million yuan; (three) misappropriation of public funds, the amount of more than one million yuan but less than two million yuan; (4) Other serious circumstances. Suspected of a criminal offence and detained in criminal detention, family members should promptly entrust a lawyer to help them meet and understand the objective case, apply for bail pending trial, defend their innocence or misdemeanor according to the case, and strive for a lighter sentence or suspended sentence. If the case is too complicated or difficult to handle by himself, the actor may entrust a lawyer to handle it on his behalf. The sooner a criminal case is filed, the better. If your family is involved in a criminal case, it is recommended to find a criminal lawyer to handle it if economic conditions permit. If you have questions about criminal law, you can call immediately and get online answers.
2022. 12. 13
How long can I be sentenced for life insurance fraud of 40 thousand yuan? The sentencing standard for life insurance fraud is 40 thousand yuan.
In the absence of specific provisions on the amount standard of insurance fraud in laws and judicial interpretations, it can be determined by referring to the amount standard of insurance fraud. According to the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Fraud, the value of defrauding public and private property is between 3,000 yuan and 10,000 yuan, between 30,000 yuan and 100,000 yuan as "huge amount" and between 500,000 yuan as "extremely huge amount". Article 198 of the Criminal Law commits insurance fraud under any of the following circumstances, and if the amount is relatively large, he shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than 10,000 yuan but not more than 100,000 yuan; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan; If the amount is especially huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years, and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan or his property shall be confiscated: (1) The applicant intentionally fabricates the subject matter of insurance to defraud the insurance money; (2) The applicant, the insured or the beneficiary fabricates false reasons or exaggerates the loss of the insured accident to defraud the insurance money. (3) The applicant, the insured or the beneficiary fabricates an insurance accident that has never happened to defraud the insurance money; (4) The applicant or the insured intentionally causes an insurance accident that causes property losses and defrauds the insurance money; (5) The applicant or beneficiary intentionally causes the death, disability or illness of the insured to defraud the insurance money. Whoever commits the acts listed in Items 4 and 5 of the preceding paragraph, which constitutes other crimes, shall be punished in accordance with the provisions of combined punishment for several crimes. If a unit commits the crime mentioned in the first paragraph, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years; 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. If an appraiser, witness or property appraiser of an insurance accident intentionally provides false documents to provide conditions for others to cheat, he shall be punished as * * * insurance fraud. If the case is too complicated or difficult to handle by himself, the actor may entrust a lawyer to handle it on his behalf. The sooner a criminal case is filed, the better. If your family is involved in a criminal case, it is recommended to find a criminal lawyer to handle it if economic conditions permit. If you have questions about criminal law, you can call immediately and get online answers.
2022. 12. 13
Insurance fraud of about 70,000 units is usually sentenced to several years. How to judge the insurance fraud of about 70 thousand units in law?
In the absence of specific provisions on the amount standard of insurance fraud in laws and judicial interpretations, it can be determined by referring to the amount standard of insurance fraud. According to the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Fraud, the value of defrauding public and private property is more than 3,000 yuan 1 10,000 yuan, more than 30,000 yuan100,000 yuan and more than 500,000 yuan. Article 198 of the Criminal Law commits insurance fraud under any of the following circumstances, and if the amount is relatively large, he shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than 10,000 yuan but not more than 100,000 yuan; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan; If the amount is especially huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years, and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan or his property shall be confiscated: (1) The applicant intentionally fabricates the subject matter of insurance to defraud the insurance money; (2) The applicant, the insured or the beneficiary fabricates false reasons or exaggerates the loss of the insured accident to defraud the insurance money. (3) The applicant, the insured or the beneficiary fabricates an insurance accident that has never happened to defraud the insurance money; (4) The applicant or the insured intentionally causes an insurance accident that causes property losses and defrauds the insurance money; (5) The applicant or beneficiary intentionally causes the death, disability or illness of the insured to defraud the insurance money. Whoever commits the acts listed in Items 4 and 5 of the preceding paragraph, which constitutes other crimes, shall be punished in accordance with the provisions of combined punishment for several crimes. If a unit commits the crime mentioned in the first paragraph, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years; 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. If an appraiser, witness or property appraiser of an insurance accident intentionally provides false documents to provide conditions for others to cheat, he shall be punished as * * * insurance fraud. If the case is too complicated or difficult to handle by himself, the actor may entrust a lawyer to handle it on his behalf. The sooner a criminal case is filed, the better. If your family is involved in a criminal case, it is recommended to find a criminal lawyer to handle it if economic conditions permit.