How many years can the principal of online fraud be sentenced? 1. Whoever commits this crime 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; 2. 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; 3. 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. According to the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in the Trial of Fraud Cases (1996 65438+February 16), 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. If the amount of fraud is more than 6.5438+10,000 yuan, it should also be considered as "particularly serious" under any of the following circumstances: (654.38+ 0) the ringleader of the fraud group or the principal offender with serious circumstances in the fraud crime; (2) The recidivist or fugitive commits serious crimes; (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; (4) defrauding disaster relief, emergency rescue, flood control, special care, relief and medical funds and materials, thus causing serious consequences; (5) Spending fraudulent property, which makes it impossible to return the fraudulent property; (six) the use of fraudulent property for illegal and criminal activities; (7) Having received criminal punishment for fraud; (8) Causing the victim's death, mental disorder or other serious consequences; (9) Other serious circumstances. The person in charge directly responsible for the unit and other directly responsible personnel commit fraud in the name of the unit, and the proceeds of fraud are owned by the unit, and the amount is more than 50,000 yuan but less than 100,000 yuan, and the criminal responsibility of the above-mentioned personnel shall be investigated in accordance with the provisions of Article 152 of this Law; If the amount is more than 200,000 yuan but less than 300,000 yuan, the criminal responsibility of the above-mentioned personnel shall be investigated in accordance with the provisions of Article l52 of this Law. For the crime of * * * accomplice fraud, the amount of the crime should be determined by the amount of the perpetrator's participation in * * * accomplice fraud, and the perpetrator should be punished according to his position, role and illegal income in the crime. If the fraud has been started, but the property has not been obtained due to reasons other than the will of the perpetrator, it is an attempted fraud. Attempted fraud, if the circumstances are serious, should also be convicted and punished according to law. The higher people's courts of all provinces, autonomous regions and municipalities directly under the Central Government may, within the range of "more than 2,000 yuan and less than 4,000 yuan" and "more than 30,000 yuan and less than 50,000 yuan", determine that personal fraud and fraud committed by local units are "large in amount" and investigate the criminal responsibility of the relevant personnel. Article 266 Whoever defrauds public or private property in a relatively large amount shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also, or shall 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. Article 210, paragraph 2, whoever defrauds special invoices for value-added tax or other invoices that can be used to defraud export tax rebates or offset taxes shall be convicted and punished in accordance with the provisions of Article 266 of this Law. Article 269 Whoever commits theft, fraud or robbery and uses violence or threatens violence on the spot to conceal stolen goods, resist arrest or destroy criminal evidence shall be convicted and punished in accordance with the provisions of Article 263 of this Law. Article 300 The third paragraph of the article organizes and uses cult organizations or superstitions to rape women and defraud property, and shall be convicted and punished in accordance with the provisions of Articles 236 and 266 of this Law respectively. Article 287 Whoever uses computers to commit financial fraud, theft, corruption, misappropriation of public funds, theft of state secrets or other crimes shall be convicted and punished in accordance with the relevant provisions of this Law. [Related Decisions] Decision of NPC Standing Committee on Maintaining Internet Security (2000. 12.28) In order to protect the legitimate rights of individuals, legal persons and other organizations, if one of the following acts constitutes a crime, criminal responsibility shall be investigated in accordance with the relevant provisions of the Criminal Law: theft, fraud and extortion by using the Internet. Judicial Interpretation] the Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Laws in the Trial of Fraud Cases (1996.12.16 Law issued [1996] No.32) is to punish fraud crimes according to law. According to the relevant provisions of the Criminal Law of People's Republic of China (PRC) (hereinafter referred to as "Criminal Law") and the Decision of NPC Standing Committee on Punishing Crimes of Disrupting Financial Order (hereinafter referred to as "Decision"), several specific issues in the trial of fraud cases are explained as follows: 1. According to the provisions of Articles 151 and 152 of the Criminal Law, swindling 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. If the amount of fraud is more than 6.5438+10,000 yuan, it should also be considered as "particularly serious" under any of the following circumstances: (654.38+ 0) the ringleader of the fraud group or the principal offender with serious circumstances in the fraud crime; (2) The recidivist or fugitive commits serious crimes; (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; (4) defrauding disaster relief, emergency rescue, flood control, special care, relief and medical funds and materials, thus causing serious consequences; (5) Spending fraudulent property, which makes it impossible to return the fraudulent property; (six) the use of fraudulent property for illegal and criminal activities; (7) Having received criminal punishment for fraud; (8) Causing the victim's death, mental disorder or other serious consequences; (9) Other serious circumstances. The person in charge directly responsible for the unit and other directly responsible personnel commit fraud in the name of the unit, and the proceeds of fraud are owned by the unit, and the amount is more than 50,000 to 654.38+10,000 yuan, and the criminal responsibility of the above-mentioned personnel shall be investigated in accordance with the provisions of Article 151 of the Criminal Law; If the amount is more than 200,000 yuan but less than 300,000 yuan, the criminal responsibility of the above-mentioned personnel shall be investigated in accordance with the provisions of Article 152 of the Criminal Law. For the crime of * * * with the nature of fraud, the amount of the crime should be determined by the amount of the actor's participation in the crime of * * * with the nature of fraud, and the punishment should be given according to the status, role and illegal income of the actor. Fraud has been started, but the property cannot be obtained due to reasons other than the will of the actor, which is an attempted fraud. Attempted fraud, if the circumstances are serious, should also be convicted and punished according to law. The higher people's courts of all provinces, autonomous regions and municipalities directly under the Central Government may, according to the economic development of the region and the social security situation, determine the "large amount" and "huge amount" of individual fraud and unit fraud in the region within the range of "2,000 yuan to 4,000 yuan" and "30,000 yuan to 50,000 yuan", investigate the criminal responsibility of the relevant personnel, and refer to the amount specified in the fourth paragraph of this article to determine the applicable criminal law when calculating the amount of fraud. If the perpetrator commits fraud, the property seized or frozen after the crime and the fruits thereof shall be returned to the victim if the ownership is clear; If the ownership is unclear, it can be returned to the victim according to the proportion of the money and goods defrauded by the victim to the seized or frozen property and the total interest; If it can be determined that the seized or frozen property and its interest do not belong to the identified victim, but it cannot be returned to the unidentified victim, it shall be turned over to the state treasury according to law. If the perpetrator has used the fraudulent property to repay personal debts, pay for goods or other economic activities, and the other party knows that it is fraudulent property, it is obtained in bad faith and should be recovered; If it is obtained in good faith, it will not be taken back. The monetary amount used in this interpretation refers to the RMB amount. If a specific case involves foreign currency, it shall be converted into RMB according to the foreign exchange quotation published by the State Administration of Foreign Exchange at the time of the act. In this interpretation, "above" includes this number. Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on the Specific Application of Laws in Handling Criminal Cases of Organizing and Utilizing Cult Organizations (No.199. 10.20 Legal Interpretation [1999] 18) Article 6 Whoever organizes and uses cult organizations to collect other people's property by various deceptive means shall be in accordance with the provisions of Article 166 of the Criminal Law. Recovered and confiscated according to law. Article 9 of the Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Laws in the Trial of Cases Disrupting the Management Order of the Telecommunication Market (2000.5. 12 Law Interpretation [2000]No. 12), whoever uses false or fraudulent identity documents to access the network or use mobile phones, resulting in a large loss of telecommunication charges, shall be convicted and punished for fraud in accordance with the provisions of Article 266 of the Criminal Law. Article 10 The term "call traffic" as mentioned in this Interpretation refers to the total duration (minutes) of the actor's illegal operation of international telecommunications services or telecommunications services involving Hong Kong, Macao and Taiwan multiplied by the amount of user usage fees charged by the actor per minute.
According to the law, defrauding 600 million yuan to pay off the principal offender belongs to the category of fraud with a particularly huge amount, and it is punishable by fixed-term imprisonment of more than 10 or life imprisonment, with a fine or confiscation of property. Full payment will be given a lighter punishment. Specific sentencing standards shall be determined by the people's court.
Legal basis:
Article 266 of the Criminal Law stipulates that whoever defrauds public or private property in a relatively large amount 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.
Two. Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Fraud 20 1 1 shall come into force on April 8,;
Article 1 Whoever swindles public or private property in an amount of over 3,000 yuan, over 30,000 yuan, over 100,000 yuan and over 500,000 yuan shall be deemed as "large amount", "huge amount" or "especially huge amount" as stipulated in Article 266 of the Criminal Law respectively.
How many years has Lan been sentenced for committing online fraud? You can check the number of years in China Judgment Document Network, only those that took effect after 20 14.
China Judgment Document Network:: court.gov./zgcpwsw/
How many years 1, usually four to five years' imprisonment, is the sentence of 58,000 for gang fraud? However, those who actively return stolen goods and reach a criminal understanding with the victim will generally be given a lighter or mitigated punishment.
2. According to the criminal law of our country, whoever commits this crime 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.
3. According to the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Fraud (implemented on April 8, 201/year), if the amount of fraudulent public or private property is more than 3,000 yuan but less than 10,000 yuan, more than 30,000 yuan but more than 100,000 yuan and more than 500,000 yuan, it shall be deemed as "a large amount" and "a huge amount".
The gang defrauded 1 10,000 yuan. How many years will the principal be sentenced to less than three years?
How many years can you get for online fraud of 53,000 yuan? The fraud of 53,000 yuan belongs to a huge amount of fraudsters, and it is sentenced according to the standard of "huge amount" of fraud in the Criminal Law.
If online fraud constitutes a crime, it is a crime of fraud. The Criminal Law provides as follows:
Article 266 Whoever defrauds public or private property in a relatively large amount shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also, or shall 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.
Internet fraud was sentenced to 15 years, which is probably how many years can be reduced. Internet fraud was sentenced to fixed-term imprisonment 15 years, with a maximum commutation of 7.5 years.
Article 78 of the Criminal Law stipulates that a criminal sentenced to public surveillance, criminal detention, fixed-term imprisonment or life imprisonment may have his sentence reduced if he conscientiously abides by the prison regulations, receives education and reform, and truly shows repentance or meritorious service during the execution period; One of the following major meritorious deeds shall be commuted:
(a) to prevent others from engaging in major criminal activities;
(2) reporting major criminal activities inside and outside the prison, which is verified by investigation;
(three) there are inventions or major technological innovations;
(4) sacrificing oneself to save others in daily production and life;
(five) outstanding performance in resisting natural disasters or eliminating major accidents;
(6) Having made other significant contributions to the country and society.
After commutation, the actual sentence shall not be less than the following period:
(a) sentenced to public surveillance, criminal detention or fixed-term imprisonment, which is more than half of the original sentence;
(two) sentenced to life imprisonment, not less than thirteen years;
(3) A criminal sentenced to a suspended execution by the people's court in accordance with the provisions of the second paragraph of Article 50 of this Law shall have his execution suspended.
How many years can 18 principals of gang telecom fraud be sentenced to' suspected fraud', and the court will convict and punish them according to the amount involved and the circumstances of the crime.
Article 266 of the Criminal Law stipulates that whoever defrauds public or private property in a relatively large amount 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.
Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases of Fraud
Article 1 Whoever swindles public or private property in an amount of over 3,000 yuan, over 30,000 yuan, over 100,000 yuan and over 500,000 yuan shall be deemed as "large amount", "huge amount" or "especially huge amount" as stipulated in Article 266 of the Criminal Law respectively.
The higher people's courts and people's procuratorates of all provinces, autonomous regions and municipalities directly under the Central Government may, in combination with the economic and social development of the region, jointly study and determine the specific amount standards implemented in the region within the scope of the amount specified in the preceding paragraph, and report them to the Supreme People's Court and the Supreme People's Procuratorate for the record.
The total amount of fraud is 6.5438+0.2 million, and two principals have been sentenced. Recidivists are generally sentenced to fixed-term imprisonment of more than 10 years or life imprisonment, but whether there are mitigating circumstances should be considered comprehensively.
How many years can the principal of gang telecom fraud 18 be sentenced? Suspected of fraud, if the amount is huge, shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and fined.
Article 266 of the Criminal Law stipulates that whoever defrauds public or private property in a relatively large amount 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.
Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases of Fraud
Article 1 Whoever swindles public or private property in an amount of over 3,000 yuan, over 30,000 yuan, over 100,000 yuan and over 500,000 yuan shall be deemed as "large amount", "huge amount" or "especially huge amount" as stipulated in Article 266 of the Criminal Law respectively.
The higher people's courts and people's procuratorates of all provinces, autonomous regions and municipalities directly under the Central Government may, in combination with the economic and social development of the region, jointly study and determine the specific amount standards implemented in the region within the scope of the amount specified in the preceding paragraph, and report them to the Supreme People's Court and the Supreme People's Procuratorate for the record.