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.
1. The sentencing standard for assisting telecom fraud is: assisting telecom fraud may constitute an accessory to the crime of fraud according to the specific circumstances of the crime.
2. In the crime of * * *, the accessory can be given a lighter punishment, so the accessory in the crime of telecom fraud can be given a lighter or mitigated punishment according to the circumstances of the crime.
3. Whoever swindles 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.
How to sentence telecom fraud for 5000 yuan?
1, telecom fraud of 5,000 yuan will generally be punished with fixed-term imprisonment of not more than three years, criminal detention or control, and a fine or a single fine.
2. Large amount standard: individuals who defraud public or private property of more than 2,000 yuan (2,000 yuan to 5,000 yuan) shall be deemed as "large amount". 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 shall only, be fined.
3. Huge amount standard: individuals who swindle public or private property for more than 30,000 yuan (30,000 yuan to 50,000 yuan) are classified as "huge amount"; those who swindle public or private property for a huge amount or have other serious circumstances are sentenced to 3- 10 years in prison and fined.
4. Criterion of extremely huge amount: An individual who defrauds public or private property of more than 200,000 yuan shall be sentenced to fixed-term imprisonment of not less than 10 or life imprisonment, and shall also be fined or confiscated.
The people involved in the online fraud case will not close the case until they are caught. The crime of cyber fraud aims at illegal possession, using the Internet to take virtual facts or conceal the truth. The act of defrauding a large number of public and private property. All kinds of complex relationships in real society can be reflected in the network. As far as the general object of cyber fraud is concerned, it is naturally all social relations protected by criminal law and infringed by cyber fraud criminals.
How to punish attempted credit card fraud?
1, credit card fraud, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall be fined not less than 20,000 yuan but not more than 200,000 yuan; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan; 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 not less than 50,000 yuan but not more than 500,000 yuan or confiscated property.
2. Attempted credit card fraud shall be given a lighter punishment according to the accomplished standard.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
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 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. 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.