1. Whoever commits this crime shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or surveillance, and shall also or solely be fined;
2. The amount is huge or there are other serious circumstances. 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 three years and not more than ten years, and shall also be fined;
3. 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.
Judicial Interpretation
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" (implemented on April 8, 2011), defrauding public and private persons If the amount of property is more than 3,000 yuan and less than 10,000 yuan, more than 30,000 yuan, more than 100,000 yuan, or more than 500,000 yuan, it shall be deemed as "large amount" or "huge amount".
Defrauding public and private property Anyone who reaches the above amount standard and falls under any of the following circumstances may be severely punished in accordance with the provisions of Article 266 of the Criminal Law:
(1) Sending text messages, Making phone calls or publishing false information to defraud an unspecified majority of people;
(2) Fraudulently obtaining funds and materials for disaster relief, emergency rescue, flood prevention, special care, poverty alleviation, immigration, relief, and medical care;
(3) Fraud in the name of raising funds for disaster relief;
(4) Defrauding the disabled, elderly or disabled people of their property;
(5) Causing the victim to commit suicide or suffer mental illness Abnormalities or other serious consequences
If the amount of fraud is close to the above-mentioned "huge amount" or "particularly huge amount" standards, and it falls under one of the circumstances specified in the preceding paragraph or is the leading member of a fraud group, it shall be determined separately. "Other serious circumstances" and "other particularly serious circumstances" stipulated in Article 266 of the Criminal Law.