Gang fraud belongs to * * * accomplice crime, in which there may be all principals, principals and accomplices. If there is a principal, the principal shall bear all the consequences of the fraud, and the accessory shall bear the consequences of the crime according to the circumstances of the crime and the benefits obtained. If there is no principal offender and only * * * commits a crime, then everyone needs to bear the legal consequences caused by the total amount of crime. If the personal profit is less than this amount, it shall be appropriately reduced when sentencing according to the upper limit of the amount. If you are cheated, you should file a case with the public security organ.
In theory, * * * is as likely to be sentenced to life as criminal fraud; When sentencing, those who confess will be lenient (confess, report others, make meritorious deeds), and those who do not plead guilty can take the upper limit within the discretionary range.
Whether the fraudster is sentenced after paying back the money depends on the actual situation.
Fraud is a case of criminal proceedings. Even if the illegal income is returned, criminal responsibility will still be investigated. However, returning the stolen money is a statutory mitigating circumstance and will be criminally punished according to the actual case. If the circumstances of the crime are not serious and there is repentance, there is an opportunity to be exempted from criminal punishment.
No matter what kind of fraud, you need to bear criminal responsibility. According to the criminal law, whoever commits the crime of fraud and defrauds public or private property, if the amount is relatively large, 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. The standard for a relatively large amount is not less than 3,000 yuan but not more than 10,000 yuan. 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. The standard of huge amount is more than 30 thousand yuan and less than 100 thousand yuan. 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. The amount standard is not less than 500,000 yuan.
Fraud and economic disputes are defined as follows:
1, which have different meanings. Fraud refers to the act of defrauding a large number of public and private property by fabricating facts or concealing the truth for the purpose of illegal possession. It is a criminal act and the public security organ has the right to investigate and deal with it. Economic dispute is a kind of civil dispute, which is caused by the contradiction between economic rights and economic obligations among the subjects of market economy. Public security organs can't get involved in economic disputes.
2. The constitutive requirements are different, that is, the subjective purpose and objective means are different.
(1) Subjectively, the loan in fraud has the purpose of illegal possession, while the loan in economic dispute does not have the purpose of illegal possession, but has the will to return it in the future. The judgment of the purpose of illegal possession belongs to the category of subjective psychological facts of the actor, but it must be comprehensively judged by combining the objective facts of the case.
(2) In objective means, fraud is a means to deceive or conceal facts, while economic disputes are legitimate acts. In fraud, it is a fraud to defraud other people's property in the name of borrowing money, and the economic disputes caused by normal lending behavior should be distinguished from the fraud in the name of borrowing money. A loan contract is a contract in which the borrower borrows money from the lender, returns the loan at maturity and pays interest; Lending behavior is a civil legal behavior based on the true meaning of signing and performing a loan contract, which is regulated by civil law.
Fraud in the name of borrowing money is an act of illegally occupying other people's property under the guise of borrowing money, which is an illegal act of infringing on other people's property. If the amount of fraud is relatively large, which constitutes a crime, the criminal law shall apply.
What needs special attention is that the general economic dispute is a kind of civil dispute, so it will not involve criminal offences, but it does not rule out that the perpetrator has the purpose of illegally occupying the other party's property from the beginning. In this case, if it meets the conditions, it will be identified as fraud.
3. There are different ways to solve economic disputes, and the parties can voluntarily choose reconciliation, mediation, arbitration, civil litigation and other ways to solve them; Fraud victims need to protect their property rights through criminal means.
4. Different in nature, economic disputes are rights conflicts arising from personal rights and property rights among natural persons, legal persons and unincorporated organizations with equal subjects; The crime of fraud is a harmful social behavior that the actor takes fictional facts and conceals the truth for the purpose of illegally possessing other people's property.
legal ground
Criminal law of the people's Republic of China
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 only, be fined for a huge amount or if there are other serious circumstances, be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years. If the amount of punishment is especially huge or if there are other particularly 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, those provisions shall prevail.