The determination of the crime of fraud mainly centers on whether the criminal suspect fabricates facts or conceals the truth for the purpose of illegal possession, and defrauds a large amount of public and private property.

I definition of the crime of fraud

Fraud refers to the act of defrauding a large amount of public or private property by fabricating facts or concealing the truth for the purpose of illegal possession.

Second, the law stipulates that

Article 123 The sentence shall be fixed-term imprisonment of not more than three years, criminal detention, public surveillance or a single fine.

(a) the amount of fraud is less than 4000 yuan, and the benchmark punishment is a fine; From 4,000 yuan to 5,000 yuan, the benchmark punishment is public surveillance; 5,000 yuan, the benchmark punishment is three months of criminal detention, and the sentence is increased by one month for every increase of 1.670 yuan; If it is 1000 yuan, the benchmark punishment is six months' imprisonment, and for every increase of 1000 yuan, the imprisonment will be increased by one month;

(two) under any of the circumstances stipulated in Article 126, it is proposed to be sentenced to criminal detention and upgraded to fixed-term imprisonment; If it is planned to impose control or fines, it will be upgraded to criminal detention;

(3) For recidivists who swindle 3,000 yuan, the basic penalty is six months' imprisonment, and for each additional 1.230 yuan, the imprisonment will be increased by one month.

Article 124 Whoever cheats for a fixed-term imprisonment of not less than three years but not more than 10 years of 40,000 yuan shall be sentenced to fixed-term imprisonment of not more than three years, and the term of imprisonment shall be increased by one month for every additional 2,000 yuan.

Article 125 Whoever defrauds a fixed-term imprisonment of not less than 10 years of 200,000 yuan shall be sentenced to 10 years of fixed-term imprisonment, and the term shall be increased by one month for every increase of 4,000 yuan.

Article 126 In any of the following circumstances, the liquidated damages shall be 10%:

(1) The ringleader of a fraud group or the principal of a major fraud crime;

(two) recidivist or fugitive crime, causing serious harm;

(3) defrauding a legal person, other organization or individual of the means of production urgently needed, which seriously affects production or causes other serious losses;

(four) defrauding disaster relief, emergency rescue, flood control, special care, relief, medical care and other funds and materials, resulting in serious consequences;

(five) squandering fraudulent property, resulting in fraudulent property can not be returned;

(six) the use of fraudulent property for illegal and criminal activities;

(7) Causing the victim's death, mental disorder or other serious consequences;

(eight) the defendant was sentenced to punishment or administrative punishment for fraud;

(9) Fraud 10 or more times.