1, 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. "
2. The current Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Fraud Cases supplements the sentencing standards for fraud:
Individuals who defraud public or private property of more than 2,000 yuan belong to a "large amount";
Individuals who defraud public or private property of more than 30,000 yuan belong to a "huge amount".
Individuals who defraud public or private property of more than 200,000 yuan belong to fraud "the amount is extremely huge".
Extended data
Case:
"Hello, Mr. X, this is XX Bank, which can provide you with a loan application of 20,000 to 200,000. If you want to apply quickly, you can add WeChat XX. " Reporter 16 learned from Shenzhen Volkswagen that the local police recently cracked a telecom fraud case of counterfeiting bank customer service loans, and more than 1000 people across the country were cheated, involving more than 20 million yuan.
On October 201816543810, Mr. Liu, a citizen of Shenzhen, received a phone call claiming to be a bank employee. Under the guidance of the other party, Mr. Liu completed the loan application. Subsequently, Mr. Liu found that if you want to withdraw money, you need to withdraw money from the website and fill in the withdrawal password. In order to obtain the withdrawal code, Mr. Liu transferred the "handling fee" 6 180 yuan to the other party through WeChat for four times.
However, after the transfer of "handling fee", the loan has not been successfully processed. Realizing that he was cheated, Mr. Liu called the police in Dapeng New District, Shenzhen.
After receiving the police, the police in Dapeng New District, together with Shenzhen Anti-Telecommunication Network Fraud Center and Shenzhen Internet Police, jointly investigated and found that the fraud gang that faked bank customer service loans was hidden in xinluo district, Longyan City, Fujian Province.
2065438+On June 2, 2009, the police in Dapeng New District launched a network closing operation in xinluo district, Longyan City. Six criminal suspects were arrested at the scene, 760,000 yuan in cash, 58 bank cards and 0/6 mobile phones were seized, and two fraud dens were destroyed. After preliminary verification, the amount involved reached more than 20 million yuan.
According to the police, the fraud gang lured the victims with loan intentions to fill in their personal information by putting small advertisements on the webpage and posting them, and then faked bank customer service to call the victims in urgent need of funds or added the victims as friends through WeChat and QQ, claiming that they could provide loan applications for the victims.
If the victim has a loan intention, guide the victim to the fake website he has built to defraud the victim of money in the name of charging the handling fee for cash withdrawal code, data fee, capital verification fee and deposit.
People's Network-defrauded more than a thousand people and more than 20 million yuan. A fraud gang posing as a bank customer service was caught.