Fraud refers to the act of defrauding a large amount of public or private property by fabricating facts or concealing the truth for the purpose of illegal possession.
1. Whoever commits this crime 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;
2. 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;
3. 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.
4, personal fraud of public and private property of more than 2000 yuan, belonging to the "large amount"; Individuals who defraud public or private property of more than 30,000 yuan belong to a "huge amount". Individuals who defraud public or private property of more than 200,000 yuan belong to a huge amount of fraud. The huge amount of fraud is an important part of fraud, but it is not the only plot. If the amount of fraud is more than 6.5438+10,000 yuan, it should also be considered as "particularly serious" under any of the following circumstances: (654.38+ 0) the ringleader of the fraud group or the principal offender with serious circumstances in the 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; (5) Spending fraudulent property, which makes it impossible to return the fraudulent property; (six) the use of fraudulent property for illegal and criminal activities; (7) Having received criminal punishment for fraud; (8) Causing the victim's death, mental disorder or other serious consequences; (9) Other serious circumstances.
legal ground
Explanations 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 Article 1 Whoever commits fraud by using telecommunication network technology and defrauds public or private property in an amount of more than 3,000 yuan, more than 30,000 yuan and more than 500,000 yuan shall be deemed as "a large amount", "a huge amount" and "a particularly huge amount" as stipulated in Article 266 of the Criminal Law respectively. 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.