Legal basis:
Article 266 of the Criminal Law of People's Republic of China (PRC): If the crime of fraud defrauds public or private property, and the amount is relatively large, it 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. Guiding Opinions on Sentencing for Joint Crimes (for Trial Implementation): If the crime of fraud is constituted, the starting point of sentencing shall be determined within the corresponding range according to the following circumstances:
(1) If the amount reaches a large starting point, the starting point of sentencing shall be determined within the range of fixed-term imprisonment and criminal detention of less than one year.
(2) If the amount reaches a huge starting point or there are other serious circumstances, the starting point of sentencing shall be determined within the range of fixed-term imprisonment of not less than three years but not more than four years.
(3) If the amount reaches a particularly huge starting point or there are other particularly serious circumstances, the starting point of sentencing shall be determined within the range of fixed-term imprisonment of not less than 10 years but not more than 12 years. Except for those who should be sentenced to life imprisonment according to law.
Article 1 of 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: Those who defraud public or private property in an amount of over 3,000 yuan, over 30,000 yuan, over 100,000 yuan and over 500,000 yuan shall be deemed as "large amount", "huge amount" and "especially huge amount" as stipulated in Article 266 of the Criminal Law respectively.
Article 18 of the Measures for the Management of Webcast Marketing (Trial): Operators and marketers of live broadcast rooms shall abide by laws, regulations and relevant provisions of the state, follow social public order and good customs, and publish information on goods or services in a true, accurate and comprehensive manner, and shall not commit any of the following acts:
(1) Violating the provisions of Articles 6 and 7 of the Regulations on Ecological Governance of Network Information Content;
(2) publishing false or misleading information to deceive or mislead users;
(3) marketing fake and inferior commodities, infringing intellectual property rights or failing to meet the requirements for protecting personal and property safety;
(4) Fictitious or falsified data traffic such as transactions, concerns, opinions and likes;
(five) knowing or should know that others have illegal or high-risk behavior, but still propaganda and drainage for them;
(six) harassment, slander, abuse and intimidation of others, infringing on the legitimate rights and interests of others;
(seven) pyramid schemes, fraud, gambling, trafficking in contraband and controlled items. ;
(eight) other acts in violation of national laws, regulations and relevant provisions.