According to the provisions of Article 266 of the current Criminal Law: "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.
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 stipulates that those who defraud public or private property in an amount of more than 3,000 yuan, 30,000 yuan, 100,000 yuan and 500,000 yuan shall be deemed as "large amount", "huge amount" and "extremely huge amount" as stipulated in Article 266 of the Criminal Law respectively.
Extended data
Fraud case of 300,000: Pingjiang man defrauded nearly 300,000 and was sentenced to 5 years in prison.
The People's Court of Pingjiang County, Hunan Province concluded the case and sentenced Wu Mou to five years and eight months' imprisonment and fined 50,000 yuan for fraud. And ordered Wu Mou to pay compensation to the victims.
165438+1October17th, Wu Mou A and Wu Mou signed the so-called Sand Yard Cooperation Project Agreement, stipulating that Wu Mou A would contribute 200,000 yuan. After Wu Mou A remitted 200,000 yuan to Wu Mou's personal bank card on June 7 165438+1October 7,1October 20165438 and1October 24 respectively. After Wu Mou defrauded money, most of it was used for online gambling recharge and repayment.
The Pingjiang court held that the defendant Wu Mou fabricated facts and concealed the truth for the purpose of illegal possession, and defrauded others of money, amounting to a huge amount, which constituted a crime of fraud and should be investigated for criminal responsibility according to law. After Wu Mou was arrested, he confessed the main facts of the crime, which can be regarded as confession. To sum up, Pingjiang Court made the above judgment according to law.
China people's congress network-criminal law