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.
Article 287 stipulates that anyone who uses computers to commit financial fraud, theft, corruption, misappropriation of public funds, theft of state secrets or other crimes shall be convicted and punished in accordance with the relevant provisions of this Law.
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Anchor cheating gift case: Are the two "automatic and faster anchors" involved in fraud by engaging in fake charity live broadcast? He was sentenced to more than three years in the first instance.
On September 7th, the reporter learned from Liangshan Intermediate People's Court that in the morning, Butuo County People's Court sentenced Yang Jie and Liu Guobiao, anchors of "A auto Hurry Up" network platform, to three years and eight months' imprisonment respectively.
It was found through trial that the defendant Yang Jie, in order to attract more fans to receive more gifts and obtain financial benefits, led netizens to the mountainous area of Butuo County several times from August to September on 20 16, and gathered poor old people and children in the name of public welfare, giving them materials (towels, soap, rice, meat, fruit, etc.) as a temptation and a small amount of money.
Later, the video of handing over money was uploaded to the online "Aauto Quicker" platform for live broadcast, and fans were told to brush gifts for him and buy things for those in need when exchanging money. Yang Jie made a profit of 250,545.05 yuan through webcasting, and the withdrawal amount was 21673,38+05 yuan. Liu Guobiao obtained RMB 230,368.15 yuan through webcasting, and the withdrawal amount was RMB194,506.34 yuan.
The Butuo County People's Court held that in two cases, two criminals used the love of fans to commit online fraud, which involved a wide range and had a bad social impact. The public hearing of the case also shows the confidence and determination of the people's court to crack down on online fraud and maintain a good network environment.
Huanxian Court Network-People's Republic of China (PRC) and China Criminal Law
People's Daily Online-Two "automatic Aauto Quicker anchors" engage in fraudulent charity live broadcast.