The amount of fraud is 50 thousand, which is huge, and should be sentenced to fixed-term imprisonment of not less than three years but not more than ten years. Fraud refers to the act of defrauding a large number of public and private property by fabricating facts or concealing the truth for the purpose of illegal possession. Fraud of more than 2,000 yuan of public and private property, with a large amount, should be put on file, and this should be solved by calling the police. The fraud value of 50,000 yuan (telecommunication network fraud of 30,000 yuan) belongs to "huge amount" (special circumstances account for 80%, which belongs to other serious circumstances), and it is sentenced to fixed-term imprisonment of not less than three years but not more than ten years and fined. The crime of fraud (Article 266 of the Criminal Law of People's Republic of China (PRC)) refers to the act of fabricating facts or concealing the truth for the purpose of illegal possession, and defrauding a large amount of public or private property. Generally, fraud and theft are the same. For fund-raising fraud, loan fraud, bill fraud and other economic fraud, please refer to the Provisions of the Supreme People's Procuratorate and the Ministry of Public Security on the Prosecution Standards for Economic Crimes.
What is the amount of fraud?
If the value of public or private property is more than 3,000 yuan, unless otherwise stipulated, the local standards shall prevail.
For example, the implementation standard of the specific amount of fraud in Sichuan Province: if the value of public and private property is more than 50,000 yuan, it belongs to "huge amount", and the starting penalty standard is raised from "40,000 yuan" to "50,000 yuan", which means that "40,000 yuan but less than 50,000 yuan" should be sentenced within the scope of "huge amount". The standard of "extremely huge amount" was raised from "200,000 yuan" to "500,000 yuan". Adjust the larger amount to "5000 yuan".
I hope the above content can help you. If in doubt, please consult a professional lawyer.
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.
The 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 (implemented on April 8, 20 1 1) explains several issues concerning the specific application of law in handling criminal cases of fraud as follows:
Article 1 Whoever swindles 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" or "especially huge amount" as stipulated in Article 266 of the Criminal Law respectively.