According to 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.
According to the Interpretation of the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases of Fraud
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" and "especially huge amount" as stipulated in Article 266 of the Criminal Law respectively.
The higher people's courts and people's procuratorates of all provinces, autonomous regions and municipalities directly under the Central Government may, in combination with the economic and social development of the region, jointly study and determine the specific amount standards implemented in the region within the scope of the amount specified in the preceding paragraph, and report them to the Supreme People's Court and the Supreme People's Procuratorate for the record.
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Case: The boss of Kunming No.1 Engineering Company defrauded 2 million project funds and was sentenced to 12 years.
Zhang, the boss of Kunming Zhaoping Environmental Protection Engineering Co., Ltd., and Jin, the company's vice president, fictional demolition and resettlement projects, defrauded others of more than 2 million yuan in the name of collecting "deposit" and squandered it. Panlong Court sentenced Zhang to fixed-term imprisonment 12 years for the crime of contract fraud, and sentenced him to 7 years in prison for the crime of job embezzlement.
After the judgment of the first instance, Zhang and Jin thought that the sentence was too heavy and appealed. Recently, Kunming Intermediate People's Court made a final judgment on this case: upholding the original judgment.
Zhang is the legal representative of Kunming Zhaoping Environmental Protection Engineering Co., Ltd. After oral appointment, Jin became the deputy general manager of the company. On February 6th, 20 12, Zhang fictionalized "a demolition and resettlement project of Tuanjie Sub-district Office in Xishan District", and signed a demolition and obstacle removal labor construction contract and supplementary agreement with the victim's unit Guangdong Waste Materials Recycling Co., Ltd. to defraud the victim's unit of deposit 1.5 million yuan.
2065438+ 131October 20 and February 25, Zhang fictionalized that he owned the earthwork of a pavilion in Tuanjie Township, Xishan District, and signed a construction contract and supplementary agreement with the victim Huang Moumou. The defendant Zhang defrauded the victim of the project payment of 530,000 yuan.
On February 7th, 20 12, the defendant Jin took advantage of his position as the deputy general manager of Kunming Zhaoping Environmental Protection Engineering Co., Ltd. to remit 990,500 yuan (excluding the handling fee) of the 6,543,800 yuan given to Kunming Zhaoping Environmental Protection Engineering Co., Ltd. by a certain waste recycling company in Guangdong to his personal account and squander it.
On August 2065438+2005 12, Panlong Court made a judgment of first instance, and the defendant Zhang was convicted of contract fraud, sentenced to fixed-term imprisonment of 12 years and fined 200,000 yuan. The defendant, Kim, committed the crime of duty embezzlement, was sentenced to 7 years in prison and confiscated property of 654.38 million yuan.
References:
Wen county Public Security Bureau Network-Criminal Law
References:
China Court Network-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
References:
People's Daily Online-The boss of Kunming No.1 Engineering Company was sentenced to 12 years for defrauding 2 million project funds.