1, the amount of fraud is less than 4000 yuan, which is a fine; Between 4,000 yuan and 5,000 yuan, it is public surveillance; 5,000 yuan, three months of criminal detention, and each increase of 1670 yuan will increase the sentence by one month; 1000 yuan, for six months in prison, each increase of 1000 yuan, the sentence will be increased by one month;
2. Under any of the circumstances stipulated in Article 131, if it is planned to be sentenced to criminal detention, it will be upgraded to fixed-term imprisonment; Those who intend to be put under control or fined will be upgraded to criminal detention. Whoever defrauds the legal reference point of fixed-term imprisonment of not less than three years but not more than ten years of 40,000 yuan shall be sentenced to fixed-term imprisonment of not more than three years, with one month's imprisonment increased for every 2,000 yuan. Whoever cheats 200,000 yuan from the legal reference point of fixed-term imprisonment of 10 years or more shall be sentenced to fixed-term imprisonment of 10 years or less, and the term of imprisonment shall be increased by 1 month for every increase of 4,000 yuan. In any of the following circumstances, the penalty is 10%:
1. The ringleader of a fraud group or the principal of a major fraud crime;
2, recidivist or fugitive crime, serious harm;
3. defrauding legal persons, other organizations or individuals of the means of production urgently needed, which seriously affects production or causes other serious losses;
4, defrauding disaster relief, emergency rescue, flood control, preferential treatment, relief, medical care and other funds and materials, resulting in serious consequences;
5, squandering fraudulent property, resulting in fraudulent property can not be returned;
6, the use of fraudulent property for illegal and criminal activities;
7. Causing death, mental disorder or other serious consequences to the victim;
8. The defendant was sentenced for a crime or given an administrative punishment for fraud;
9, fraud 10 times or more.
Legal basis: Article 266 of the Criminal Law of People's Republic of China (PRC).
If the crime of fraud defrauds public or private property, and the amount is relatively large, it 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. Lawyer's opinion: If a person is detained for a criminal offence, his family members should promptly entrust a lawyer to help him meet and understand the objective case, apply for bail pending trial, defend his innocence or misdemeanor according to the case, and strive for a lighter sentence or suspended sentence.