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.
Aggravated punishment of sentencing standard for fraud;
The amount of fraud is more than 654.38+10,000 yuan, and in any of the following circumstances, it should also be considered as "the circumstances are particularly serious".
(1) ringleaders of fraud groups or principals of major fraud crimes;
(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
Criminal Law of People's Republic of China (PRC) (revised in 2020)
Article 266 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 shall 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.
Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases of Fraud
Article 1 Whoever swindles public or private property in an amount of over 3,000 yuan, over 30,000 yuan, over 100,000 yuan and over 500,000 yuan shall be deemed as "large amount", "huge amount" or "especially 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.