According to the provisions of the "Criminal Law of the People's Republic of China", no matter what kind of fraud crime is committed, 6 million yuan is a particularly huge case and requires a prison sentence of more than 10 years or life imprisonment.
Article 192? The crime of fund-raising fraud is for the purpose of illegal possession and using fraudulent methods to illegally raise funds. If the amount is relatively large, the sentence is to be not less than five years in prison or criminal detention, and a fine of not less than 20,000 yuan but not more than 200,000 yuan; If the amount is particularly huge or there are other particularly serious circumstances, the sentence shall be not less than 10 years in prison or life imprisonment, and a fine of not less than 50,000 yuan but not more than 500,000 yuan, or Confiscation of property.
Article 193? The crime of loan fraud falls under any of the following circumstances. Whoever defrauds banks or other financial institutions for the purpose of illegal possession and the amount is relatively large shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan; if the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and a fine of not less than 20,000 yuan but not more than 200,000 yuan; Those who commit crimes shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and shall also be fined not less than RMB 50,000 but not more than RMB 500,000;
If the amount is particularly huge or there are other particularly serious circumstances, they shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment. A fine of not less than RMB 50,000 but not more than RMB 500,000 or property confiscation shall be imposed:
(1) Making up false reasons for introducing funds, projects, etc.;
(2) Using false economic information Contract;
(3) Using false documents;
(4) Using false property rights certificates as guarantees or repeating guarantees exceeding the value of the collateral;
( 5) Obtaining loans by other means.
Article 194? Anyone who commits any of the following circumstances shall constitute the crime of bill fraud. If the amount is relatively large, he shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan; if the amount is huge or there are other serious circumstances, he shall be sentenced to not more than five years in prison or criminal detention. Not less than 10 years in prison but not more than 10 years in prison, and a fine not less than 50,000 yuan but not more than 500,000 yuan; A fine of not less than RMB 50,000 but not more than RMB 500,000 or property confiscation may be imposed:
(1) Knowingly using a bill of exchange, cashier's check or check that is a forged or altered one;
( 2) Using a money order, cashier's check, or check knowing that it is invalid;
(3) Using someone else's money order, cashier's check, or check fraudulently.
(4) Issuing bad checks or checks that do not match the reserved seal to defraud property;
(5) The drawer of a bill of exchange or promissory note issues a bill of exchange without fund guarantee , promissory notes, or making false records when issuing bills of exchange or promissory notes to defraud property.
Whoever uses forged or altered entrusted collection vouchers, remittance vouchers, bank deposit vouchers and other bank settlement vouchers to commit financial voucher fraud shall be punished in accordance with the provisions of the preceding paragraph.
Article 195? Anyone who commits letter of credit fraud under one of the following circumstances shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan; if the amount is huge or there are other serious circumstances, he shall be sentenced to not less than five years but not more than 10 years. Fixed-term imprisonment and a fine of not less than 50,000 yuan but not more than 500,000 yuan;
If the amount is particularly huge or there are other particularly serious circumstances, the sentence shall be not less than 10 years of fixed-term imprisonment or life imprisonment and also a fine of not less than 50,000 yuan. Fines of up to RMB 500,000 or confiscation of property:
(1) Using a forged or altered letter of credit or accompanying documents or documents;
(2) Using an invalid letter of credit ;
(3) Fraudulently obtaining letters of credit;
(4) Conducting letter of credit fraud by other means.
Article 196? Anyone who commits one of the following circumstances shall constitute the crime of credit card fraud. If the amount is relatively large, he shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan; if the amount is huge or there are other serious circumstances, he shall be sentenced to five years in prison or criminal detention. Not less than 10 years in prison but not more than 10 years in prison, and a fine not less than 50,000 yuan but not more than 500,000 yuan; A fine of not less than 50,000 yuan but not more than 500,000 yuan or property confiscation may be imposed:
(1) Using a forged credit card, or using a credit card fraudulently obtained with false identification;
( 2) Using an invalid credit card;
(3) Pretending to use another person’s credit card;
(4) Malicious overdraft.
The term "malicious overdraft" as mentioned in the preceding paragraph refers to the cardholder's behavior of overdrafting beyond the prescribed limit or time limit for the purpose of illegal possession and refusing to return the card after being called by the card-issuing bank.
Whoever steals a credit card and uses it shall be convicted and punished in accordance with the provisions of Article 264 of this Law.
Article 197? Securities fraud: Whoever uses forged or altered treasury bills or other securities issued by the state to conduct fraudulent activities, and the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan; if the amount is huge or If there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan;
If the amount is particularly huge or there are other particularly serious circumstances, he shall be sentenced to ten years. or life imprisonment, and shall also be sentenced to a fine of not less than 50,000 yuan but not more than 500,000 yuan, or confiscation of property.
Article 198? Any of the following circumstances constitutes the crime of insurance fraud. If the amount is relatively large, the person shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than 10,000 yuan but not more than 100,000 yuan. If the amount is huge or there are other serious circumstances, he shall be sentenced to not less than five years in prison or criminal detention. Those who commit crimes shall be sentenced to fixed-term imprisonment of not more than ten years and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan;
If the amount is particularly huge or there are other particularly serious circumstances, they shall be sentenced to fixed-term imprisonment of not less than ten years and shall also be fined not less than 20,000 yuan. A fine of less than 200,000 yuan or confiscation of property:
(1) The policy holder deliberately fabricates the subject of the insurance and defrauds the insurance money;
(2) The policy holder, the insured or the beneficiary People make up false reasons or exaggerate the extent of losses from insured accidents to defraud insurance money.
(3) The policy holder, the insured or the beneficiary fabricates an insurance accident that has never happened to defraud the insurance money;
(4) The policy holder or the insured intentionally causes property damage Loss of insurance accidents, defrauding insurance money;
(5) The policy holder or beneficiary intentionally causes the death, disability or illness of the insured to defraud insurance money.
If any of the acts listed in items 4 and 5 of the preceding paragraph constitute other crimes, they shall be punished in accordance with the provisions of concurrent punishment for several crimes.
If a unit commits the crime in Paragraph 1, the unit shall be fined, and the person directly in charge and other directly responsible persons shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; if the amount is huge or there are other serious circumstances If the amount is particularly huge or there are other particularly serious circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years; if the amount is particularly huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years.
If appraisers, witnesses, or property appraisers of insurance accidents intentionally provide false documents to provide conditions for others to defraud, they shall be punished as * * * insurance fraud.
Extended data:
Elements of the crime
Object elements
The object of this crime is the ownership of public and private property. Although some illegal activities also use some deceptive means and even pursue some illegal economic interests, they are not or are not limited to the ownership of public and private property. So it does not constitute fraud. For example, abducting women and children is a crime that violates personal rights.
The object of the crime of fraud is limited to the property of the state, collective or individual, and other illegal benefits are not allowed. Its objects should also exclude loans from financial institutions. Because there are special provisions for the crime of loan fraud.
Objective elements
The objective manifestation of this crime is the use of fraud methods to defraud a large amount of public and private property.
First of all, the perpetrator committed fraud. Formally speaking, there are two types of fraud, one is fabricating facts and the other is concealing the truth. Both are essentially behaviors that lead the victim to fall into a wrong understanding. The content of fraud is to cause the victim to have a wrong understanding and make the property disposition that the perpetrator wants under specific circumstances.
So, whether it is fiction or concealment of past facts, or present facts and future facts, as long as it has the above content, it is a kind of fraud. If the fraudulent content does not cause them to dispose of their property, it is not a fraudulent act. Fraud must reach the point where ordinary people can have misunderstandings and exaggerate the goods they sell. If it is not beyond the tolerance of society, it is not considered a fraud.
There are no restrictions on the means and methods of fraud, which can be verbal fraud or behavioral fraud (fraud itself can be either an act or an omission, that is, there is an obligation to inform a certain fact, However, if the other party falls into a wrong understanding or continues to fall into a wrong understanding), it is also considered fraud if the perpetrator uses this wrong understanding to obtain property.
Secondly, fraud causes the other party to have a wrong understanding. The other party's misunderstanding is caused by the perpetrator's fraudulent behavior. Even if the other party makes some errors in judgment, it does not prevent the establishment of fraud.
Between fraud and the other party’s property disposal, there must be misunderstanding on the part of the other party. If the other party disposes of property due to fraud and no misunderstanding is caused, it does not constitute a crime of fraud. The other party to the fraud does not need to be the owner or possessor of the property as long as he or she has the authority or status to dispose of the property.
The act of an actor filing a civil lawsuit and providing false statements and false evidence to get the court to make a judgment in his favor and thereby obtain property is called litigation fraud, but it is not a crime of fraud (see the Laws of the Supreme People's Procuratorate for details) "Reply on How to Apply the Law for Forging Evidence to Deceive Civil Judges of Courts into Possessing Other People's Property" issued by the Policy Research Office on June 5438 and October 4, 2002).
Thirdly, the establishment of the crime of fraud requires the victim to dispose of property after falling into a wrong understanding. Property disposition includes the act of disposition and the intention of disposition. This requirement is made to distinguish fraud and theft.
The disposal of property is expressed by directly delivering the property, or promising the perpetrator to obtain the property, or promising to transfer the property interests. If the perpetrator commits fraud and causes others to give up their property, and the perpetrator finds the property, he should also be punished for the crime of fraud. However, the act of inserting a piece of metal similar to a coin into a vending machine to obtain the goods in the vending machine does not constitute a crime of fraud, but only a crime of theft.
Finally, after the victim disposed of the property by fraudulent means, the perpetrator obtained the property, thereby damaging the victim's property. According to Article 266 of the Criminal Law, it is a crime to defraud public or private property in a relatively large amount.
According to the latest judicial interpretation adopted at the 49th meeting of the 11th Supervisory Committee of the Supreme People's Procuratorate in 2010165438, the amount of fraud was relatively large, ranging from 3,000 yuan to 10,000 yuan. If the fraud is attempted and the circumstances are serious, he should also be convicted and punished in accordance with the law.
In addition, it should be noted that the crime of fraud is not limited to defrauding tangible things, but also includes defrauding intangible things and property interests. According to the relevant provisions of Article 210 of the Criminal Law, anyone who fraudulently obtains special value-added tax invoices or other invoices that can be used to fraudulently obtain tax refunds or offset taxes is a crime of fraud.
Theme elements
The subject of this crime is a general subject. Any natural person who has reached the legal age of criminal responsibility and has the ability to be criminally responsible can commit this crime.
Subjective factors
This crime is subjectively direct and intentional, with the purpose of illegally possessing public and private property.
Reference materials:
Baidu Encyclopedia-Scam