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. Whether it belongs to fraud depends on whether the other party has the purpose of illegal possession, whether there is an act of fictional facts or concealing the truth, and whether the amount of fraud is large. If these conditions are met, it constitutes fraud, otherwise it does not constitute fraud.
First, how to measure the crime of fraud?
1。 The sentencing standard for "extremely large amount" is more than ten years. Whoever defrauds property is especially huge or has other especially serious circumstances shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated.
2。 If the value of fraudulent property is more than 500,000 yuan, the amount is extremely huge. Actively return stolen goods, compensate the victims for losses, and gain the understanding of the victims, and may be given a lighter punishment. The prison term of 700,000 yuan should not be less than 12 years.
3。 Those who simply surrender and do not return stolen goods may be sentenced to more than ten years. Actively returning stolen goods may be given a lighter punishment as appropriate.
Second, how to compensate for fraud compensation?
1。 Generally speaking, the crime of fraud cannot be compensated through criminal incidental civil action. Under normal circumstances, the victim can only file a criminal incidental civil action for the material losses suffered by criminals who infringe personal rights or the material losses suffered by criminals. Crimes against property rights, such as fraud, can generally be directly investigated through criminal proceedings.
2。 The main ways of civil liability for contract fraud infringement are to return property and compensate for losses. For the return of property, the victim can advocate and decide whether to return it according to the principle of benefiting the victim, so as to reduce the victim's "property loss and waste".
3。 If the victim's decision-making error in evading expectations is unfavorable due to fraud, or the expected benefits cannot be realized or fully realized due to fraudulent decision-making, he shall compensate for the losses. The victim's mental damage should be properly compensated.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Article 9 of the Consumer Protection Law. Consumers have the right to choose their own goods or services. Consumers have the right to choose their own operators to provide goods or services, choose their own varieties of goods or services, and decide whether to buy or not to buy any kind of goods or accept or not to accept any kind of services. Consumers have the right to compare, identify and choose their own goods or services.