1. If the amount of online fraud reaches more than 3,000 yuan, you can file a case. Those who defraud public or private property in an amount of more than 3,000 yuan but less than 10,000 yuan, more than 30,000 yuan but more than 100,000 yuan and more than 500,000 yuan are respectively deemed as "a large amount", "a huge amount" and "a particularly huge amount" as stipulated in Article 266 of the Criminal Law.
2. If the perpetrator swindles public or private property worth more than 3,000 yuan but less than 10,000 yuan, it can be regarded as a larger sentencing standard in the crime of fraud, and the perpetrator 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.
Basic elements that constitute the crime of fraud:
(1) On the subject, the actor must be a natural person who has reached the legal age of criminal responsibility and has criminal responsibility ability. (2) As far as the object is concerned, the crime of fraud must infringe on the ownership of other people's public and private property.
(3) Subjectively, the actor must have the subjective intention of attempting illegal possession.
(4) Objectively, the actor defrauded public and private property by fabricating facts or concealing the truth, and the amount of fraud was large, so he should be punished by criminal law.
I hope the above questions can help you. If you have other legal questions, please consult a professional lawyer.
Legal basis: Article 266 of the Criminal Law of People's Republic of China (PRC).
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.
Article 1 of the 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.
Those who defraud public or private property in an amount of more than 3,000 yuan but less than 10,000 yuan, more than 30,000 yuan but more than 100,000 yuan and more than 500,000 yuan are respectively deemed as "a large amount", "a huge amount" and "a particularly huge amount" as stipulated in Article 266 of the Criminal Law.