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Extended information:
Fraud
1. The statutory sentencing starting point and benchmark for fixed-term imprisonment of less than three years, criminal detention, surveillance, and a single fine Penalty
1. If the amount of defrauding public or private property reaches the "larger amount" starting point of 5,000 yuan, the sentencing starting point will be determined within the range of three months' criminal detention to six months' imprisonment.
2. On the basis of the starting point for sentencing, for every additional three thousand yuan in the amount of fraud, the sentence will be increased by one month.
2. The statutory sentencing starting point and benchmark penalty range of fixed-term imprisonment of not less than three years but not more than ten years
1. Fraudulent public or private property, the amount of the crime reaches the "huge amount" starting point of 50,000 Yuan, the starting point for sentencing is determined within the range of three to four years’ imprisonment.
2. Anyone who defrauds public or private property in an amount of more than 40,000 yuan but less than 50,000 yuan and falls under any of the following circumstances shall be deemed as "other serious circumstances" and be sentenced to fixed-term imprisonment of three to four years. Determine the starting point for sentencing: defrauding an unspecified number of people by sending text messages, making phone calls, or publishing false information using the Internet, radio and television, newspapers, magazines, etc.; defrauding disaster relief, emergency rescue, flood prevention, preferential care, poverty alleviation, immigration, relief, and medical expenses committing fraud in the name of raising funds for disaster relief; defrauding the disabled, elderly or people who have lost the ability to work; causing the victim to commit suicide, mental disorder or other serious consequences; being the ringleader of a fraud group.
3. On the basis of the starting point for sentencing, increase the amount of punishment based on the amount of fraud and other criminal facts that affect the composition of the crime, and determine the base sentence. If one of the following circumstances occurs, the corresponding penalty will be increased:
For every additional 5,500 yuan in crime amount, the sentence will be increased by one month;
There are other serious circumstances that can be determined "For each additional circumstance, the sentence will be increased from six months to two years.
3. The statutory starting point and benchmark penalty for a fixed-term imprisonment of more than ten years , determine the starting point for sentencing within the range of ten to twelve years’ imprisonment. Except for those who should be sentenced to life imprisonment according to law.