Under what circumstances can fraud be prosecuted or exempted from criminal punishment?

According to 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 more than 3,000 yuan but less than 10,000 yuan, more than 30,000 yuan but less than 100,000 yuan and more than 500,000 yuan are respectively deemed as "large amount", "huge amount" and "extremely huge amount" as stipulated in Article 266 of the Criminal Law.

Article 3. Although swindling public or private property meets the standard of "large amount" as stipulated in Article 1 of this Interpretation, if the perpetrator pleads guilty or repents, he may not be prosecuted 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:

Having a statutory lenient punishment;

(2) Before the verdict is pronounced in the first instance, all the stolen money and compensation money have been returned;

(three) did not participate in the distribution of stolen goods or less stolen goods and not the principal;

(4) the victim understands;

(5) Other circumstances are minor and harmless.

According to Article 266 of the Criminal Law of People's Republic of China (PRC), 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.

Extended data:

Case: Beijing No.1 Intermediate People's Court pronounced a huge contract fraud case.

On June 4th, Beijing No.1 Intermediate People's Court made a first-instance judgment on a huge contract fraud case involving "Internet keywords", and sentenced Shi et al. 5 1 defendant 12 to 2 years in prison respectively, and exempted He et al.1kloc-0/defendant from criminal punishment.

It was found through court trial that from 20 13 to 20 14 June, the general manager of China Net Win-Win Company (handled separately) instructed 62 defendants, including Shi, to falsely claim that the company was a subordinate unit of the Ministry of Industry and Information Technology in the process of signing and performing keyword network service contracts in the name of the company in Haidian District and Changping District of Beijing.

259 victims, including Wang, were tricked into perfecting keyword network resources and purchasing paid services in the company by fictional facts such as cybersquatting of other people's domain names or high-priced acquisition by buyers, thus defrauding more than RMB 84.4 million.

References:

Baidu Encyclopedia-Interpretation of Several Issues on the Specific Application of Law in Handling Fraud Criminal Cases

References:

China People's Congress Network-People's Republic of China (PRC) and China Criminal Law

References:

Xinhuanet-Beijing No.1 Intermediate People's Court pronounced a huge contract fraud case.