If the crime of fraud defrauds public or private property, and the amount is relatively large, it 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.
Second, the concept of fraud: fraud refers to the act of defrauding a large amount of public or private property by fabricating facts or concealing the truth for the purpose of illegal possession.
Three. Judicial Interpretation of Fraud: 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 15 12 the Supreme People's Court Judicial Committee Meeting on 20 1.
20 10 1 1 was adopted at the 49th meeting of the 11th Procuratorial Committee of the Supreme People's Procuratorate on1October 24th, and is hereby promulgated, and shall come into force as of April 8th, 20 165438.
Those who defraud public or private property in an amount of 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 are respectively deemed as "a large amount", "a huge amount" and "a particularly huge amount" as stipulated in Article 266 of the Criminal Law.
The object of the crime of fraud is not to defraud other illegal interests. Its goal should also exclude loans from financial institutions. Because this law specifically stipulates the crime of loan fraud. It is generally believed that the basic structure of this crime is: the actor commits fraud for the purpose of illegal possession → the victim has a wrong understanding → the victim disposes of the property based on the wrong understanding → the actor obtains the property → the victim suffers property losses.
Legal basis: Article 266 of the Criminal Law provides for heavier punishment as appropriate;
(1) Sending short messages, making phone calls or publishing false information through the Internet, radio and television, newspapers and magazines, etc., defrauding an unspecified majority;
(2) defrauding disaster relief, emergency rescue, flood control, special care, poverty alleviation, immigration, relief and medical funds and materials;
(three) fraud in the name of disaster relief fund-raising;