According to Article 1 of the Supreme People's Procuratorate's Interpretation 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 to 10,000 yuan, more than 30,000 yuan to 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.
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.
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. Where there are other provisions in this Law, such provisions shall prevail.
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Case: addicted to gambling, real estate agent manager defrauded more than 70 thousand
As the manager of a real estate agency, Li Man is addicted to gambling. In order to get gambling money, Li took risks to defraud customers. Recently, Li was sentenced by Luyang Court for fraud.
20 12-20 13 Li was appointed as the manager of Fuyang Road Direct Store of a real estate company in Hefei. 2065438+At the beginning of June, 2002, Wei Moumou came to the store to inquire about the transfer of the facade of a shopping mall in Hefei, and Li Moumou received Wei Moumou.
Knowing that he could not help Wei with the land certificate and the transfer of the facade house, Li still promised to help Wei with the relevant procedures, and told Wei that someone needed to handle this matter, and the labor cost needed RMB 20,000.
Wei moumou believed Li moumou's words, so he handed over the real estate license of the facade house to Li moumou to handle the land certificate and transfer procedures, and gave Li moumou 20,000 yuan in cash on August 12 for his client to handle the land certificate and other related procedures.
Afterwards, Li Moumou used the 20,000 yuan in cash he received for gambling and other expenses. Since then, Wei Moumou has repeatedly asked Li Moumou whether the land certificate and transfer procedures are properly handled. Li Moumou wrote a letter of commitment to Wei Moumou, promising to help Wei Moumou handle the transfer of land certificates and facade houses. The handling fee needs 6.5438+0.5 million yuan.
After bargaining with Li Moumou, Wei Moumou paid 56,500 yuan to Li Moumou. As the cost of land certificate and transfer, Li also lost all the money collected in gambling. Wei Moumou then repeatedly asked Li Moumou about the progress of land certificate processing and the transfer of facade houses.
In desperation, Li signed an agreement with Wei on June 9, 20 13, promising to complete the transfer of the land certificate and the facade house before June 30, 20 13. 20 13 In late June, Li left Hefei and changed his mobile phone number, and no longer contacted Wei Moumou. Wei Moumou, who was found to have been cheated, immediately reported the case. On July 6, 20 15, Li was arrested and brought to justice by the police in Beijing.
Recently, the People's Court of Luyang District held a public hearing to hear the case. The court held through trial that the defendant, Li Moumou, fabricated facts and concealed the truth for the purpose of illegal possession, and defrauded others of RMB 76,500, which constituted a crime of fraud. He was sentenced to three years and six months in prison and fined RMB 30,000.
Phoenix net-addicted to gambling, real estate agent manager defrauded more than 70 thousand