1. Anyone who commits this crime shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or surveillance, and shall also or solely 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 particularly huge or there are other particularly serious circumstances, he shall be sentenced to 10 years or more in prison. be sentenced to fixed-term imprisonment of not less than 1 year or life imprisonment, and shall also be fined or have property confiscated.
What are the constituent elements of the crime of Internet fraud
1. Object elements. The object of this crime is the ownership of public and private property. Although some criminal activities also use certain deceptive methods and even pursue certain illegal economic benefits, the object of their infringement is not or is not limited to the ownership of public or private property. Therefore, it does not constitute the crime of fraud;
2. Objective elements. The objective aspect of this crime is the act of using fraud methods to defraud large amounts of public and private property. First of all, the perpetrator committed fraud. Formally speaking, fraud includes two categories: one is fabricating facts and the other is concealing the truth; in essence, it is an act that causes the victim to fall into a wrong understanding;
3. Subject Requirements. The subject of this crime is a general subject. Any natural person who has reached the age of criminal responsibility and has the ability to be criminally responsible can constitute this crime;
4. Subjective elements. The subjective aspect of this crime is direct intention and the purpose of illegally possessing public and private property.
Can I recover money if I encounter online fraud?
1. Yes, there is a chance to recover it. The police will try their best to help the parties recover the losses they were defrauded, but because there are many types of fraud cases, including overseas fraud, it is impossible to guarantee that 100% of the defrauded money will be recovered;
2. If the police capture the criminal suspect , all property illegally obtained by criminals shall be recovered or ordered to be returned as compensation;
3. The legal property of the victim shall be returned in a timely manner; contraband and personal property used for crime shall be confiscated. Confiscated property and fines shall be turned over to the state treasury and shall not be misappropriated or disposed of by oneself.
I hope the above content can be helpful to you. If you still have questions, please consult a professional lawyer.
Legal basis:
Article 266 of the "Criminal Law of the People's Republic of China"
Defrauding public or private property, if the amount is relatively large , shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or surveillance, and shall also or solely 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 and not more than 10 years, and shall also be fined; if the amount is particularly huge or there are other particularly serious circumstances If the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and shall also be fined or have property confiscated. If this law provides otherwise, the provisions shall prevail.