The crime of fraud (Article 266 of the Criminal Law of People's Republic of China (PRC)) refers to the act of fabricating facts or concealing the truth for the purpose of illegal possession, and defrauding a large amount of public or private property. 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. For the crime of fraud, the sentencing standards are: (1) fixed-term imprisonment of not more than three years, criminal detention, public surveillance, and a fine or a single fine. The legal benchmark punishment is 1, and the fraud is less than 4000 yuan, which is a fine punishment; Between 4,000 yuan and 5,000 yuan, it is public surveillance; 5,000 yuan, three months of criminal detention, and each increase of 1670 yuan will increase the sentence by one month; 1000 yuan, for six months in prison, each increase of 1000 yuan, the sentence will be increased by one month; 2. Under any of the circumstances stipulated in Article 131, if it is planned to be sentenced to criminal detention, it will be upgraded to fixed-term imprisonment; Those who intend to be put under control or fined will be upgraded to criminal detention. (2) Whoever defrauds the legal reference point of fixed-term imprisonment of not less than three years but not more than ten years of 40,000 yuan shall be sentenced to fixed-term imprisonment of not more than three years, and one month's imprisonment shall be increased for every additional 2,000 yuan. (3) Whoever cheats 10 years or more with a fixed-term imprisonment of 200,000 yuan as the legal reference point shall be sentenced to fixed-term imprisonment of 10 years or less, with one month's imprisonment increased for every 4,000 yuan. (4) It is stipulated that under any of the following circumstances, a heavier punishment is 65,438+00%: the ringleader of a fraud group or the principal in a serious fraud crime, 65,438+0; 2, recidivist or fugitive crime, serious harm; 3. defrauding legal persons, other organizations or individuals of the means of production urgently needed, which seriously affects production or causes other serious losses; 4, defrauding disaster relief, emergency rescue, flood control, preferential treatment, relief, medical care and other funds and materials, resulting in serious consequences; 5, squandering fraudulent property, resulting in fraudulent property can not be returned; 6, the use of fraudulent property for illegal and criminal activities; 7. Causing death, mental disorder or other serious consequences to the victim; 8. The defendant was sentenced for a crime or given an administrative punishment for fraud; 9, fraud 10 times or more. Knowledge expansion: In practice, the determination of fraud amount is more complicated, and fraud amount is an important standard of conviction and sentencing, which directly affects the trial result. How to determine the amount of fraud in the crime of fraud: According to the relevant provisions of Article 266 of the Criminal Law of People's Republic of China (PRC), the crime of fraud refers to the act of defrauding a large amount of public and private property by fabricating facts or concealing the truth for the purpose of illegal possession. The amount of fraud in the crime of fraud is divided into three standards: large amount, huge amount and particularly huge amount. (1) Criteria for determining a large amount: individuals who defraud public or private property of more than 2,000 yuan (2,000 yuan to 4,000 yuan) are considered as "a large amount". 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. (2) The standard of huge amount: individuals who defraud public or private property of more than 30,000 yuan (30,000 yuan to 50,000 yuan) are considered as "huge amount". Whoever swindles public or private property in a huge amount or has other serious circumstances shall be sentenced to 3- 10 years in prison and fined. (3) Criterion of extremely large amount: If an individual swindles public or private property of more than 200,000 yuan, it is deemed that the amount of fraud is extremely large. Whoever defrauds public or private property, if the amount is especially huge or there are other particularly serious circumstances, shall be sentenced to fixed-term imprisonment of 10 or life imprisonment, and shall also be fined or confiscated.