First, how much fraud was filed?
1. If the general amount is more than 3,000 yuan, the case will be filed for fraud. The criteria for filing fraud cases are: the amount of fraud is more than 3,000 yuan to 1 10,000 yuan; The amount of fraud ranges from 30,000 yuan to100,000 yuan, which is huge; If the amount of fraud is more than 500,000 yuan, the amount is particularly huge.
2. Legal basis:
Article 266 of the Criminal Law of People's Republic of China (PRC) stipulates that 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 first paragraph of 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 stipulates that if the amount of public or private property is more than 3,000 yuan to 1 10,000 yuan, more than 30,000 yuan to110,000 yuan, and more than 500,000 yuan, it shall be recognized as "a large amount" and "a particularly huge amount" as stipulated in Article 266 of the Criminal Law respectively.
Second, the amount of contract fraud filed.
Personal contract fraud, the amount is less than 5000 yuan, a single fine; Those who are more than 5,000 yuan but less than 654.38+0,000 yuan shall be detained; 1000 yuan, six months in prison; For every increase of 1200 yuan, the sentence will be increased by one month.
The amount of personal contract fraud is more than 30,000 yuan, and under any of the following circumstances, it shall be sentenced to fixed-term imprisonment of not more than three years. For every 2,000 yuan increase in the amount, the sentence will be increased by one month. If there are more than two situations, the prison term shall be increased as appropriate within six months: the ringleader of a fraud group or the principal in a serious fraud crime; Recidivism and fugitive crime are seriously harmful; Defrauding legal persons, other organizations or individuals of the means of production urgently needed, which seriously affects production or causes other serious losses; Defrauding disaster relief, emergency rescue, flood control, special care, relief and medical funds and materials, resulting in serious consequences; Spending fraudulent property, resulting in fraudulent property can not be returned; Using fraudulent property to engage in illegal and criminal activities; Having received criminal punishment for fraud; Causing the victim's death, mental disorder or other serious consequences; There are other serious circumstances.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: People's Republic of China (PRC) Criminal Law.
Article 266 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 shall 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.