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:
(1) Signing 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;
(three) to perform a small contract or part of the contract first, to deceive the other party to continue to sign and perform the contract, and to have no actual performance ability;
(4) After receiving the payment for goods, advance payment or secured property paid by the other party;
(5) defrauding the other party's property by other means. ?
Extended data
1999 65438+ 10/0/5, Zhao Shoushuai was arrested by the police of jia county Public Security Bureau in Yongchang County, Henan Province, and taken to Henan for custody. He is suspected of contract fraud. On February/0/4 of the same year, Zhao Shoushuai was arrested. During his detention, Zhao Shoushuai was sentenced to 3 years' imprisonment by Xinxiang Intermediate People's Court for intentional injury.
On August 18, 2002, Xinxiang City Procuratorate prosecuted Zhao Shoushuai for contract fraud. In that year1October 30th, 165438, Xinxiang Intermediate People's Court sentenced Zhao Shoushuai to fixed-term imprisonment 13 for contract fraud, and fined him 30,000 yuan. In another case, he was sentenced to fixed-term imprisonment of 3 years for intentional injury. He was sentenced to fixed-term imprisonment of 16 and fined 30,000 yuan, and the property obtained from the crime was recovered.
Xinxiang Intermediate People's Court said in the judgment that the agriculture and animal husbandry company ordered 142 tractors of various models from Xinxiang No.1 Tractor Factory (hereinafter referred to as "Xinxiang Yi Tuo") with 197, but after receiving the goods, it still paid more than 760,000 yuan to the tractor factory. When the Agriculture and Animal Husbandry Company entered into a contract with Xinxiang Yi Tuo, it was unable to perform the contract, its fixed assets were mortgaged, and it still owed bank loans.
The judgment holds that the agricultural and animal husbandry company and its legal representative Zhao Shoushuai defrauded the goods for the purpose of illegal possession in signing and performing the contract, and the amount was extremely huge, which constituted the crime of contract fraud.
References:
People's Daily Online-Changing the sentence of "contract fraud case" to release the signal of protecting property rights according to law.