1. Chunhua county 1223 how long is the prison term for telecom fraud, and what is the standard? 1223 a number of telecom fraud criminals in Chunhua county were sentenced to fixed-term imprisonment of not less than three years but not more than ten years respectively and fined. At the same time, because of the particularity of telecom fraud, many people have been severely punished for fraud. Fraud100000 yuan belongs to the standard of "huge amount" in the crime of fraud. Fraudulent property with a value of more than 3,000 yuan to 1 10,000 yuan and more than 30,000 yuan to110,000 yuan and more than 500,000 yuan are respectively identified as "large amount", "huge amount" and "extremely huge amount". Second, the object elements of the crime constitution (1) The object of this crime is the ownership of public and private property. Some criminal activities, although they also use some deception and even pursue some illegal economic interests, are not or are not limited to the ownership of public and private property. So it does not constitute fraud. For example, abducting and selling women and children is a crime of violating personal rights. The object of the crime of fraud is limited to the property of the state, the collective or the individual, and no other illegal interests may be defrauded. Its goal should also exclude loans from financial institutions. Because this law has specifically stipulated the crime of loan fraud in article 193. (II) Objective Elements This crime is objectively manifested in the use of fraud to defraud a large amount of public and private property. First of all, the perpetrator committed fraud, which includes two forms: one is to fabricate facts, the other is to conceal the truth; Essentially, it is an act that makes the victim fall into a wrong understanding. The content of fraud is that under certain circumstances, the victim will have a wrong understanding and make the property disposal that the perpetrator wants. Therefore, whether it is fiction or concealment of past facts, or present facts and future facts, as long as the above contents are available, it is fraud. If the fraudulent content does not make them dispose of their property, it is not fraudulent fraud. Fraud must reach the point where ordinary people can have a wrong understanding and exaggerate the goods they sell. If it is not beyond the tolerance of society, it is not fraud. There are no restrictions on the means and methods of fraud, which can be verbal fraud or action fraud; Fraud itself can be either an act or an omission, that is, it has the obligation to inform a certain fact, but failure to fulfill this obligation makes the other party fall into a wrong understanding or continue to fall into a wrong understanding, and it also belongs to fraud if the actor uses this wrong understanding to obtain property. According to the provisions of Article 300 of this Law, anyone who organizes or uses religious sects or cult organizations or uses superstition to defraud property shall be punished as fraud. Fraud makes the other party have a wrong understanding, which is caused by the fraud of the actor; Even if the other party has some misjudgments, it does not prevent the fraud from being established. Between fraud and the disposition of property by the other party, it is necessary to introduce the misunderstanding of the other party; If the other party disposes of the property due to fraud and does not cause misunderstanding, it is not a crime of fraud. As long as the fraudulent party asks for the person who has the authority or status to dispose of the property, he should not ask for the owner or possessor of the property. By providing false statements and false evidence to file a civil lawsuit, the actor makes the court make a judgment in favor of himself, thus obtaining property, which is called litigation fraud and constitutes the crime of fraud. The crime of fraud requires the victim to dispose of property after falling into a wrong understanding, including disposition behavior and disposition consciousness. This requirement is to distinguish fraud from theft. Disposing of property is manifested as direct delivery of property, or commitment of the actor to obtain property, or commitment to transfer property interests. If the perpetrator commits fraud and makes others give up their property, and the perpetrator picks up the property, he should also be punished as fraud. However, the act of putting a piece of metal similar to a coin into a vending machine to obtain goods in the vending machine does not constitute fraud, but only theft. After the victim disposed of the property by fraudulent means, the actor obtained the property, thus damaging the victim's property. According to this article, it is a crime to defraud a large amount of public or private property. According to the relevant judicial interpretation, if the amount of fraud is large, it will start from 2000 yuan. But this does not mean that attempted fraud does not constitute a crime. Attempted fraud, if the circumstances are serious, should also be convicted and punished according to law. What needs to be studied is whether the perpetrator paid something of equal value while using fraud to defraud property, which constitutes a crime of fraud. Some people think that the damage caused by fraud refers to the reduction of the victim's overall property, so the above behavior is not established as fraud; Some people think that it is the loss of the victim's personal property, so the above behavior is still a crime of fraud; Others think that the crime of fraud is an infringement of faith and honesty and does not need property damage. We believe that the crime of fraud is a crime against personal property, not against all property. The victim spent 30 thousand yuan to buy 30 thousand yuan of goods because of fraud. Although the overall property is not damaged, from the perspective of personal property, if there is no fraud by the perpetrator, the victim will not spend 30,000 yuan to buy goods, and spending 30,000 yuan is the damage to personal property. Therefore, using fraudulent means to make others fall into a wrong understanding to defraud property, even if they pay a considerable amount of goods, should also be considered as fraud. The crime of fraud is not limited to cheating tangible things, but also includes cheating intangible things and property interests. According to the relevant provisions of Article 2l0 of this Law, it is a crime of fraud to defraud special VAT invoices or other invoices that can be used to defraud tax refund or tax deduction. (III) Subject Elements The subject of this crime is a general subject, and any natural person who has reached the legal age of criminal responsibility and has the ability of criminal responsibility can constitute this crime. (IV) Subjective elements Subjectively, this crime is characterized by direct intention and has the purpose of illegally occupying public or private property. At present, telecom fraud is rampant and there are many means. Many people are cheated of their property by this means, among which Chunhua County 1223 telecom fraud is a good example. The principal offenders in this case were sentenced to three to ten years' imprisonment and fined accordingly. The state cracked down on telecom fraud.