Fraud of public or private property reaches the standard of "large amount" as stipulated in Article 1 of this Interpretation, but under any of the following circumstances, if the perpetrator pleads guilty or repents, he may not be prosecuted or be exempted from criminal punishment in accordance with the provisions of Article 37 of the Criminal Law and Article 142 of the Criminal Procedure Law:
Having a statutory lenient punishment;
(2) Before the verdict is pronounced in the first instance, all the stolen money and compensation money have been returned;
(three) did not participate in the distribution of stolen goods or less stolen goods and not the principal;
(4) the victim understands;
(5) Other circumstances are minor and harmless.
(a) criminal and non-criminal loans for some reason, long-term arrears, or fabricating lies or concealing the truth to defraud money and materials, can not be repaid at maturity, as long as there is no purpose of illegal possession, no profligacy, no longer cheating, and there is a real intention to repay, it is still a loan dispute and does not constitute fraud.
(II) Boundary between this crime and other fraud crimes stipulated in this Law The remaining chapters of the Criminal Law respectively stipulate the crimes of fund-raising fraud, loan fraud, financial bill fraud, letter of credit fraud, credit card fraud, securities fraud, insurance fraud and contract fraud. These fraud crimes are the same as this crime in subjective and objective aspects, but they are different in subject, criminal means, subject elements and objects, which are easy to distinguish.
Legal basis: Article 266 of the Criminal Law stipulates that 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 not less than 10 years or life imprisonment, and shall also be fined or confiscated.