Article 224 Crime of contract fraud; The crime of organizing and leading pyramid selling activities has one of the following circumstances. For the purpose of illegal possession, in the process of signing and performing a contract, if the amount is relatively large, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention 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:
(1) Signing a contract in the name of a fictitious unit or using the name of others;
(2) Using forged, altered or invalid bills or other false certificates of property rights as collateral;
(3) Having no actual performance ability, tricking the other party into continuing to sign and perform the contract by performing the small contract first or partially;
(4) fleeing after receiving the goods, payment, advance payment or secured property paid by the other party;
(5) defrauding the other party's property by other means.
Article 224 bis; In the name of business activities such as selling goods and providing services, organizations and leaders require participants to obtain membership by paying fees or purchasing goods and services, and form a hierarchy in a certain order, directly or indirectly based on the number of people who have developed, luring or coercing participants to continue to develop pyramid schemes attended by others, defrauding property and disrupting economic and social order, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and fined;
Extended data:
According to the provisions of Articles 224 and 266 of the Criminal Law, defrauding a large amount of public or private property constitutes a crime of fraud. Individuals who defraud public or private property of more than 2,000 yuan belong to a "large amount"; Individuals who defraud public or private property of more than 30,000 yuan belong to a "huge amount".
Individuals who defraud public or private property of more than 200,000 yuan belong to a huge amount of fraud. The huge amount of fraud is an important part of fraud, but it is not the only plot. The amount of fraud is more than 654.38+10,000 yuan, and in any of the following circumstances, it should also be considered as "the circumstances are particularly serious".
The specific amount can be stipulated by the provinces and cities within the scope prescribed by law according to the specific circumstances.
Where an economic contract is used for fraud, the amount of fraud shall be determined by the actual amount of fraud by the actor, and the amount of the subject matter of the contract can be considered as a sentencing circumstance.
The crime of contract fraud "a large amount" means that individuals defraud public and private property of more than 6.5438+0 million yuan, and units defraud public and private property of more than 6.5438+0 million yuan; "Huge amount" means that the amount of personal fraud of public and private property is more than 50,000 yuan, and the amount of unit fraud of public and private property is more than 500,000 yuan; "Huge amount" means that individuals swindle public and private property for more than 300,000 yuan, and units swindle public and private property for more than 2 million yuan.
"Other serious circumstances" refers to any of the following circumstances:
(1) Bad motive and means of committing crimes;
(2) Repeated deception has caused adverse effects;
(3) Causing damage to the victim and making life difficult;
(4) refusing to return stolen goods, repay debts or compensate for losses.
"Other particularly serious circumstances" refers to any of the following circumstances:
(1) defrauding legal persons, other organizations or others of the means of production urgently needed, which seriously affects production or causes other serious losses;
(two) the crime of escape is seriously harmful;
(3) defrauding disaster relief, emergency rescue, flood control, poverty alleviation, medical funds and materials, etc. , causing serious consequences;
(4) Spending fraudulent property, which makes it impossible to return the fraudulent property;
(five) the use of fraudulent property for illegal and criminal activities;
(6) Causing death, mental disorder or other serious consequences to the victim.
References:
China People and Criminal Law Amendment (7)