Generally speaking, the basic structure of this crime is: the perpetrator commits fraud for the purpose of illegal possession, and the victim has a wrong understanding. The victim disposed of the property based on a wrong understanding. When the actor obtains property, the victim suffers property losses.
Second, the crime of pyramid selling, also known as the crime of organizing and leading pyramid selling, refers to pyramid selling activities in the name of selling goods, providing services or pure capital operation, which requires participants to obtain the qualification to join by paying fees or purchasing goods and services, and forms a hierarchy in a certain order, directly or indirectly based on the number of people who have developed, which induces and coerces participants to continue to develop others' participation, defrauds property and disrupts economic and social order.
Identification and handling of personnel involved in pyramid selling activities
The following persons can be identified as the organizers and leaders of pyramid selling activities:
(1) Persons who initiate, plan and manipulate pyramid selling activities.
(2) Persons who are responsible for management and coordination in pyramid selling activities.
(3) Persons who undertake publicity, training and other duties in pyramid schemes.
(4) Having received criminal punishment for organizing and leading pyramid selling activities, or having received administrative punishment for organizing and leading pyramid selling activities within one year, and directly or indirectly developing more than 15 people to participate in pyramid selling activities, with the level above level 3.
(five) other personnel who play a key role in the implementation of pyramid schemes and the establishment and expansion of pyramid schemes.
Those who organize and lead pyramid selling activities in the name of a unit are generally not investigated for criminal responsibility for those who are assigned by the unit and only engage in labor services.
Sentencing standard of fraud
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 those who defraud public or private property in an amount of more than 3,000 yuan, 30,000 yuan, 100,000 yuan and 500,000 yuan shall be deemed as "large amount", "huge amount" and "extremely huge amount" as stipulated in Article 266 of the Criminal Law respectively. Those who reach the above amount and have the following circumstances shall be given a heavier punishment as appropriate:
(a) sending text messages, making phone calls or publishing false information through the Internet, radio and television, newspapers and magazines, etc., defrauding an unspecified majority.
(2) defrauding disaster relief, emergency rescue, flood control, special care, poverty alleviation, immigration, relief and medical funds and materials.
(3) Fraud in the name of collecting donations for disaster relief.
(four) defrauding the disabled, the elderly or the disabled.
(5) Causing the victim to commit suicide, mental disorder or other serious consequences.
Has reached the standard of "relatively large amount", but under any of the following circumstances, if the actor pleads guilty or repents, he may not prosecute or be exempted from criminal punishment in accordance with the provisions of Article 37 of the Criminal Law and Article 142 of the Criminal Procedure Law:
(1) Having the circumstances of lenient punishment as prescribed by law.
(two) before the judgment of first instance, all the stolen money and goods have been returned or refunded.
(three) did not participate in the stolen goods or less stolen goods and not the principal.
(4) The victim understands.
(5) Other circumstances are minor and harmless.
Fraud of the property of a close relative, which is forgiven by the close relative, can generally not be treated as a crime.
If it is really necessary to pursue criminal responsibility by defrauding the property of close relatives, the specific treatment should also be lenient as appropriate.
The huge amount of fraud is an important part of fraud, but it is not the only plot.
Aggravated punishment of sentencing standard for fraud;
The amount of fraud is more than 654.38+10,000 yuan, and under any of the following circumstances, it should also be considered as "the circumstances are particularly serious":
(1) The ringleader of a fraud group or the principal of a major fraud crime.
(2) The recidivist or fugitive commits serious crimes.
(3) defrauding a legal person, other organization or individual of the means of production urgently needed, which seriously affects production or causes other serious losses.
(4) defrauding disaster relief, emergency rescue, flood control, special care, relief and medical funds and materials, thus causing serious consequences.
(five) squandering fraudulent property, resulting in fraudulent property can not be returned.
(six) the use of fraudulent property for illegal and criminal activities.
(7) Having received criminal punishment for fraud.
(8) Causing death, mental disorder or other serious consequences to the victim.
(9) Other serious circumstances.
The above is a detailed introduction about the difference between pyramid selling crime and fraud crime. According to the content of the above article, we can know that there is still a big difference between pyramid selling crime and fraud crime. It can be said that as long as it constitutes a crime of fraud, all participants must be investigated for criminal responsibility, while pyramid schemes generally only investigate the criminal responsibility of their organizers, but not the participants. I hope the content of the above article can help you. If there are other legal problems that you don't understand, please consult a lawyer at the French Open!