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.
1On April 24, 1997, Shanghai Higher People's Court, Shanghai People's Procuratorate, Shanghai Public Security Bureau and Shanghai Municipal Bureau of Justice made the following provisions on the specific amount standard for determining the crime of fraud in Shanghai according to the relevant provisions of the Judicial Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in the Trial of Fraud Cases, combined with the actual situation of this Municipality:
One, personal fraud of public and private property in more than 4 thousand yuan, belonging to the "large amount"; Individuals who defraud public or private property of more than 50,000 yuan belong to a "huge amount".
Units that defraud public or private property of more than 654.38+10,000 yuan belong to "a large amount"; Units that defraud public or private property of more than 300,000 yuan belong to a "huge amount".
Second, in the fraud cases accepted before the issuance of this opinion, if the amount of personal fraud is more than 2,000 yuan but less than 4,000 yuan, and the amount of unit fraud is more than 50,000 yuan and 65,438+10,000 yuan, criminal responsibility can still be investigated, but the punishment can be lightened, mitigated or exempted according to law.
Extended data:
Case: 2065438+February 2007, Ms. Wang suddenly found someone in Pudong to look at the house. She felt very strange, so she asked. To Ms. Wang's great surprise, this house was transferred to a man named Sun as early as last August, and it has been listed for sale at a price of 3.3 million yuan. Ms. Wang realized that she had been cheated and reported the case to the public security organ.
After investigation, the defendants Li Moumou, Sun Moumou and Zhang Moumou have been arrested and brought to justice, and they have confessed to the whole matter. It turned out that this was an elaborate "scam".
2065438+In July 2006, Li Moumou and others learned in advance that Ms. Wang's property was valuable, so they set their eyes on this house. After preliminary planning, Li lent 6,543,800 yuan+0.75 million yuan to Ms. Wang, settled the debt of 6,543,800 yuan+0.2 million yuan to her family, and signed a loan agreement. Ms. Wang mortgaged her house.
Later, Zhang Moumou tricked Ms. Wang into going to a notary office in other places to handle the "Entrusted Notarization of Housing Sales", but Ms. Wang did not know the specific content of notarization.
2065438+August 2006, under the condition that the loan agreement of 1.75 million yuan did not expire, Li Moumou released the mortgage first, and Zhang Moumou and Sun Moumou used the House Purchase and Sale Entrusted Notarization Document.
Later, it was funded by others and made a false bank account for buying and selling houses through the bank accounts of Zhang and Sun. Zhang Moumou transferred the property involved to Sun's name at a low price through notarization documents, and Sun was listed for sale at a price of 3.3 million yuan.
After prosecution by Xuhui District Procuratorate, the defendants Li Moumou, Sun Moumou and Zhang Moumou were respectively sentenced to fixed-term imprisonment ranging from six years to five years and three months for fraud and fined.
Baidu encyclopedia-fraud
China Court Network-70,000 loan base reached 6.5438+0.75 million, and finally the mortgaged property was stolen.