It is generally believed that the basic structure of this crime is: the perpetrator commits fraud for the purpose of illegal possession → the victim develops a misunderstanding → the victim disposes of property based on the misunderstanding → the perpetrator obtains property → the victim suffers property losses.
1. Sentencing
Article 266 of the "Criminal Law" stipulates that 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 also or a fine alone; 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 a fine; 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. 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, the provisions shall prevail.
According to the "Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Fraud Cases", 1. According to the provisions of Articles 151 and 152 of the Criminal Law, defrauding public and private property , if the amount is relatively large, it constitutes the crime of fraud. If an individual defrauds public or private property of more than 8,000 yuan, it is classified as "large amount"; if an individual defrauds public or private property of more than 30,000 yuan, it is classified as "huge amount".
II. "Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases of Fraud":
Article 1: Fraud of public or private property worth more than 3,000 yuan to 10,000 yuan If the amount exceeds RMB 30,000 or RMB 30,000 to RMB 100,000 or RMB 500,000, it shall be deemed as "relatively large amount", "huge amount" or "especially huge amount" as stipulated in Article 266 of the Criminal Law.
The higher people's courts and people's procuratorates of provinces, autonomous regions, and municipalities directly under the Central Government may, based on the economic and social development of the region, jointly study the specific amount standards implemented in the region within the amount range specified in the preceding paragraph, and Report to the Supreme People's Court and the Supreme People's Procuratorate for filing.
Article 2 If the amount of defrauding public or private property reaches the amount standard stipulated in Article 1 of this Interpretation, and any of the following circumstances occurs, he may be severely punished in accordance with the provisions of Article 266 of the Criminal Law:
p>(1) To defraud an unspecified majority of people by sending text messages, making phone calls, or using the Internet, radio and television, newspapers and magazines, etc. to publish false information
(2) Fraud for disaster relief, Emergency rescue, flood prevention, welfare, poverty alleviation, immigration, relief, and medical supplies
(3) Fraud in the name of raising funds for disaster relief
(4) Fraud against the disabled and the elderly Or lose the ability to work or property
(5) Causing the victim to commit suicide, become insane or cause other serious consequences.
If the amount of fraud is close to the "huge amount" or "particularly huge amount" standards stipulated in Article 1 of this Interpretation, and falls under one of the circumstances specified in the preceding paragraph or is the leading member of a fraud group, it shall be determined as criminal law respectively. "Other aggravating circumstances" and "other particularly serious circumstances" stipulated in Articles 260 and 266.
Article 3: Although the defrauding of public or private property has reached the "relatively large amount" standard stipulated in Article 1 of this Interpretation, if one of the following circumstances occurs and the perpetrator pleads guilty or regrets, he may not be prosecuted or may be prosecuted in accordance with the Article 37 of the Criminal Law and Article 142 of the Criminal Procedure Law exempt criminal punishment:
(1) If there are statutory lenient punishment circumstances, it shall be deemed as Article 16 of the Criminal Law "Other serious circumstances" and "other particularly serious circumstances" stipulated in Article 16. (1) Those who have statutory lenient punishment circumstances
(2) Those who return all the stolen goods and compensation before the first-instance judgment
(3) Those who did not participate in the distribution of the stolen goods, or who shared a small amount of the stolen goods and were not the principal culprits
(4) Obtaining the victim’s forgiveness
(5) Other circumstances are minor and the harm is not great.
Article 4: Defrauding close relatives of their property, and the close relatives forgive them, will generally not be treated as a crime.
If it is necessary to pursue criminal liability for defrauding close relatives of property, the specific handling should also be lenient as appropriate.
Article 5: Anyone who attempts fraud, defrauds a huge amount of property, or has other serious circumstances shall be convicted and punished.
Using telecommunications technology means such as sending text messages, making phone calls, and the Internet to defraud an unspecified majority of people. The amount is difficult to verify, but if one of the following circumstances occurs, it shall be deemed as Article 266 of the Criminal Law. For "other serious circumstances" stipulated in Article 1, the person shall be convicted and punished for the crime of fraud (attempted):
(1) Sending fraudulent text messages, making fraudulent phone calls, or committing Internet fraud, and if the attempt fails, the person shall be punished as appropriate.
(1) Sending more than 5,000 fraudulent text messages
(2) Making fraudulent calls more than 500 times
(3) Using fraudulent means to cause serious harm of.
Whoever commits the acts specified in the preceding paragraph and the quantity reaches more than ten times the standards specified in items (1) and (2) of the preceding paragraph, or the fraud means are particularly egregious and the harm is particularly serious, shall be deemed as "Other particularly serious circumstances" stipulated in Article 266 of the Criminal Law shall be convicted and punished for the crime of fraud (attempted fraud).
Article 6 If the fraud is both completed and attempted, and reaches different sentencing ranges, the crime shall be punished in accordance with the heavier penalty provisions; if the fraud reaches the same sentencing range, the crime of fraud shall be deemed to have been completed and punished.
Article 7 Anyone who knowingly provides others with credit cards, mobile phone cards, communication tools, communication transmission channels, network technical support, expense settlement and other services while knowingly committing fraud crimes shall be punished with the crime of ****.
Article 8: Anyone who impersonates a staff member of a state agency to commit fraud, which simultaneously constitutes the crime of fraud and pretense, shall be convicted and punished in accordance with the provisions on heavier penalties.
Article 9: If the fraudulent property and its interest are sealed, detained, or frozen after the incident, if the ownership is clear, it shall be returned to the victim; if the ownership is unclear, the defrauded money may be treated as The total proportion of the seized, detained, frozen property and its interest shall be returned to the victim, but the amount of compensation that has been refunded shall be deducted.
Article 10 If the perpetrator’s property is used to pay off debts or fraudulently transfers property to others, and any of the following circumstances apply, the property shall be recovered:
(1) The other party knowingly commits fraud (2) The other party obtains the fraudulent property for free
(3) The other party obtains the fraudulent property at a price that is significantly lower than the market price
(4) The other party obtained the fraudulent property from illegal debts or illegal and criminal activities.
If another person obtains fraudulent property in good faith, it will not be recovered.