How much is the fake contract cheated?
Signing a fake contract itself is fraud and can constitute the crime of contract fraud. According to Article 224 of the Criminal Law of People's Republic of China (PRC), whoever, for the purpose of illegal possession, defrauds the other party of property in the process of signing and performing a contract, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention 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. The crime of fraud in this crime is manifested in the following five forms:
(1) Sign a contract in the name of a fictitious unit or others.
(2) Mortgaging with forged, altered or invalid bills or other false property rights certificates. The bills mentioned here mainly refer to financial bills that can be used as guarantee documents, that is, bills of exchange, promissory notes and checks. The so-called other property certificates include land use certificates, house ownership certificates and various valid certificates that can prove movable and immovable property.
(3) Without actual performance ability, trick the other party into continuing to sign and perform the contract by performing the small contract first or partially.
(4) fleeing after receiving the goods, payment, advance payment or secured property paid by the other party.
(5) defrauding the other party's property by other means. The other methods mentioned here refer to all means used in the process of signing and performing economic contracts except the above four methods, as a means to defraud the goods, payment, advance payment, deposit and other guaranteed property delivered by the other party as stipulated in the contract.
As long as the perpetrator commits one of the above fraud acts, it can constitute this crime.
Article 231 of the Criminal Law Where a unit commits the crimes specified in Articles 221 to 230 of this section, it shall be fined, and the persons who are directly in charge and other persons who are directly responsible shall be punished in accordance with the provisions of this section.
Secondly, the amount of property defrauded by the other party must be large. The so-called large amount, for the purpose of illegal possession, defrauds the other party's property in the process of signing and performing the contract, and is suspected of one of the following circumstances, and shall be prosecuted:
(1) Individuals defraud public or private property with an amount ranging from 5,000 yuan to 20,000 yuan;
(2) The person in charge directly responsible for the unit and other directly responsible personnel commit fraud in the name of the unit, and the proceeds of fraud are owned by the unit, and the amount is between 50,000 yuan and 200,000 yuan.
In the process of signing a contract, some people will cheat through fake contracts and illegally obtain and occupy the interests of the other party. In order to protect our legitimate rights and interests, when signing a contract, we need to carefully distinguish the authenticity of the contract. Once there is fraud, don't admit that you are unlucky because the amount is small, and call the police for legal help in time.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Article 77 of the Provisions of the Supreme People's Procuratorate and the Ministry of Public Security on the Standards for Filing Criminal Cases under the Jurisdiction of Public Security Organs (II).
Anyone who, for the purpose of illegal possession, defrauds the other party of property in the process of signing and performing a contract, with an amount of more than 20,000 yuan, shall file a case for prosecution.
Article 224 of the Criminal Law 1
Under any of the following circumstances, if the amount involved is relatively large in the process of signing and performing a contract for the purpose of illegal possession, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention 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.