I. How to sentence 1 for helping others to defraud. Those who help others to commit fraud activities shall be convicted and sentenced according to the following circumstances: (1) Those who knowingly help others to commit fraud activities, such as credit cards, mobile phone cards, communication tools, communication transmission channels, network technical support, fee settlement, etc., shall be punished as the same crime. (2) Whoever knowingly helps fraudsters to transfer illicit money, cash or withdraw cash from telecommunication network fraud shall be investigated for criminal responsibility according to the crime of concealing or concealing the crime of offending and the proceeds from crime. 2. Legal basis: Article 7 of the Interpretation on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Fraud, and Opinion 2 on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Telecommunication Network Fraud. Elements of fraud (I) Object Elements The object of this crime is the ownership of public and private property. (II) Objective Elements This crime is objectively manifested in the use of fraud to defraud a large amount of public and private property. (III) Subject Elements The subject of this crime is a general subject, and any natural person who has reached the legal age of criminal responsibility and has the ability of criminal responsibility can constitute this crime. (IV) Subjective elements Subjectively, this crime is characterized by direct intention and has the purpose of illegally occupying public or private property. According to the provisions of judicial interpretation of fraud criminal cases, there are two kinds of sentencing for providing help to fraud criminals. Those who knowingly provide assistance to others for fraudulent activities shall be punished as fraud; Whoever knowingly helps fraudsters to transfer, cash out or withdraw cash from them shall be investigated for criminal responsibility according to the crime of concealing or concealing the crime of offending and the proceeds from crime. I hope the above content can help you. If you have any other questions, please click the button below or consult a professional lawyer online.
Legal objectivity:
Article 266 of the Criminal Law of People's Republic of China (PRC) stipulates that 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.