According to Article 266 of the 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. "

According to the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases of Fraud

Article 1 Whoever swindles public or private property in an amount of over 3,000 yuan, over 30,000 yuan, over 100,000 yuan and over 500,000 yuan shall be deemed as "large amount", "huge amount" or "especially huge amount" as stipulated in Article 266 of the Criminal Law respectively.

The higher people's courts and people's procuratorates of all provinces, autonomous regions and municipalities directly under the Central Government may, in combination with the economic and social development of the region, jointly study and determine the specific amount standards implemented in the region within the scope of the amount specified in the preceding paragraph, and report them to the Supreme People's Court and the Supreme People's Procuratorate for the record.

Extended data

Severely crack down on WeChat business fraud and avoid the proliferation of online pyramid schemes.

With the rapid development of wireless Internet, the function of mobile intelligent system is becoming more and more powerful. As a brand-new business model, WeChat business came into being. The unique advantages of WeChat business have brought unlimited business opportunities and promoted economic and social development. However, we should also be soberly aware that there are many hidden dangers behind the popularity of WeChat business, which seriously infringes on the rights and interests of users and even leads some businesses to commit crimes. The problems existing in the development of WeChat business mainly include several aspects:

1, the fraud phenomenon of WeChat merchants emerges one after another. Wechat business should be a part of online business activities, but due to its high liquidity, government supervision is not easy to achieve, and APP operators can do nothing, resulting in many hidden dangers in WeChat business since its birth.

2. Wechat business is easy to become a pyramid scheme trap. Some unscrupulous merchants slightly package a low-priced commodity (or service) and distribute it through agents at different levels. After increasing the price step by step, they sell it at a price of ten times or even hundreds of times. Each level of agent has to pay the agency fee to the next level, ranging from several hundred yuan to tens of thousands of yuan.

3. Agents at all levels no longer make profits through commodity sales, but charge agency fees instead. Many people, even after learning the truth about the WeChat business, got deeper and deeper because of the interests, and finally got into the pyramid scheme abyss.

4. WeChat business provides a distribution channel for counterfeit and shoddy products. On the one hand, on the platform of WeChat merchants, all kinds of "high imitation" and "A goods" are blatantly popular, which violates the national intellectual property laws and causes damage to the rights and interests of legitimate merchants.

5. On the other hand, because most enterprises in WeChat business adopt multi-level agent distribution system, in order to maintain distribution profits at all levels, production enterprises are forced to lower production costs and product quality is difficult to guarantee. Some unscrupulous merchants simply produce fake and inferior products and "three noes" products to deceive consumers in order to obtain high profits.

6. On the one hand, the above phenomenon occurs because the relevant national laws and regulations are not perfect, which makes some unscrupulous businesses have nothing to fear; On the other hand, it is precisely because the WeChat service platform providers have not taken effective management measures that some unscrupulous businesses have an opportunity. Therefore, it is suggested that the government take the following measures to control it.

7. Tax WeChat business. Unifying the national tax burden of WeChat business requires all enterprises and individuals operating on WeChat business platform to obtain legal business procedures, go through tax registration and pay taxes according to regulations. This will help to reduce tax evasion, thoroughly investigate the source of fake and shoddy goods, and effectively prevent fraudulent behavior of unscrupulous merchants.

8. Improve laws and regulations related to WeChat business. According to the characteristics of WeChat business, the Measures for the Management of WeChat Business Practitioners was issued, which clarified the respective legal responsibilities of platform operators, commodity providers and WeChat business agents in the process of operating WeChat business. The operator of WeChat business platform is required to upgrade the system, supervise the behavior of WeChat business through technical means, and stop and punish illegal business practices.

References:

Xinhuanet-crack down on WeChat business fraud and avoid the proliferation of online pyramid schemes.