Legal basis: Article 266 of the Criminal Law of People's Republic of China (PRC).
If the crime of fraud defrauds public or private property, and the amount is relatively large, it 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.
What are the constitutive elements of fraud?
1, the object of infringement is the ownership of public and private property;
2. Objectively, it is characterized by using fraudulent methods to defraud a large number of public and private property;
3. The subject is a general subject, which can be composed of any natural person who has reached the legal age of criminal responsibility and has the ability of criminal responsibility;
4. Subjectively, it is intentional and has the purpose of illegally occupying public and private property.