Whoever is sentenced to defraud public or private property and 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 solely be fined; if the amount is huge or there are other serious circumstances, he shall be sentenced to not less than three years If the amount is particularly huge or there are other particularly serious circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and shall also be fined or have property confiscated.

Legal Analysis

Fraud is an illegal act, and public security administrative responsibilities should be investigated according to law. If the amount involved in the fraud reaches more than 3,000 yuan to 10,000 yuan, it varies from province to province, but the starting point for telecommunications fraud is always 3,000 yuan or if the circumstances are serious, criminal liability will be pursued in accordance with the law. Whoever commits credit card fraud in one of the following circumstances and the amount is relatively large shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan. If the amount is huge or there are other serious circumstances, he shall be sentenced to not less than five years in prison or criminal detention. If the amount is particularly huge or there are other particularly serious circumstances, the person shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan. Fines or confiscation of property: Using forged credit cards, or using credit cards fraudulently obtained with false identity documents; Using invalid credit cards; Using other people’s credit cards fraudulently; Overdrafts with malicious intent. The term "malicious overdraft" as mentioned in the preceding paragraph refers to the cardholder's behavior of overdrafting beyond the prescribed limit or within the prescribed period for the purpose of illegal possession and failing to return the card after being called upon by the card-issuing bank.

Legal Basis

"Criminal Law of the People's Republic of China"

Article 266 Whoever defrauds public or private property, if the amount is relatively large, shall be punished A fixed-term imprisonment of not more than three years, criminal detention or surveillance, and concurrently or solely a fine; if the amount is huge or there are other serious circumstances, the person shall be sentenced to a fixed-term imprisonment of not less than three years but not more than 10 years, and also a fine; if the amount is particularly huge or there are other particularly serious circumstances , shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and shall also be fined or have property confiscated. If this law provides otherwise, the provisions shall prevail.

Article 210 Whoever steals special value-added tax invoices or other invoices that can be used to defraud export tax refunds or tax deductions shall be convicted and punished in accordance with the provisions of Article 264 of this Law. Anyone who uses deceptive means to defraud special value-added tax invoices or other invoices that can be used to defraud export tax refunds or tax deductions shall be convicted and punished in accordance with the provisions of Article 266 of this Law. Article 210-1 Whoever knowingly holds forged invoices and the quantity is relatively large shall be sentenced to fixed-term imprisonment of not more than two years, criminal detention or public surveillance, and shall also be fined; if the quantity is huge, he shall be sentenced to fixed-term imprisonment of not less than two years and not more than seven years. , and impose a fine. If a unit commits the crime in the preceding paragraph, the unit shall be fined, and the person directly in charge and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph.