What is the sentencing standard for electronic fraud cases:

According to the amount, it is divided into relatively large, huge, and especially huge. Local courts may determine specific standards based on economic and social development conditions. For particularly serious cases, such as sending false information, defrauding disaster relief funds and materials, etc., severe penalties may be imposed. However, for minor cases such as confession and repentance, return of stolen goods and compensation, and forgiveness of the victim, prosecution may not be pursued or lenient treatment may be given. Defrauding close relatives of their property may not be treated as a crime, but it should be treated leniently when necessary. Those who attempt fraud or use telecommunications technical means will be convicted and punished based on the quantity and the severity of the means. Anyone who provides assistance commits a crime and pretends to be a staff member of a state agency, and shall be punished with a heavier penalty. If the recovered fraudulent property has clear ownership, it should be returned to the victim. If there is no clear ownership, it can be returned in proportion. If it is obtained in good faith, it will not be recovered.

What are the sentencing standards for the crime of telecommunications fraud? Article 1: Those who defraud public or private property worth 3,000 yuan to more than 10,000 yuan, 30,000 yuan to more than 100,000 yuan, or more than 500,000 yuan shall be convicted separately. It is “relatively large amount”, “huge amount” and “especially huge amount” as stipulated in Article 266 of the Criminal Law. The higher people's courts and people's procuratorates of all provinces, autonomous regions, and municipalities directly under the Central Government may, based on the economic and social development conditions of the region, jointly study and determine the specific amount standard for implementation in the region within the amount range specified in the preceding paragraph, and report it to the Supreme People's Court and the Supreme People's Court. Procuratorate filing. Article 2 Anyone who defrauds public or private property up to the amount standard stipulated in Article 1 of this Interpretation and falls under any of the following circumstances may be severely punished in accordance with the provisions of Article 266 of the Criminal Law: (1) By sending text messages or making phone calls Or use the Internet, radio and television, newspapers and magazines, etc. to publish false information to defraud an unspecified majority of people; (2) defrauding disaster relief, emergency rescue, flood prevention, special care, poverty alleviation, immigration, relief, and medical funds; (3) using Committing fraud in the name of raising funds for disaster relief; (4) defrauding disabled people, the elderly, or people who have lost the ability to work out of their property; (5) causing the victim to commit suicide, become mentally disordered, or have other serious consequences. If the amount of fraud is close to the standards of "huge amount" or "particularly huge amount" stipulated in Article 1 of this Interpretation, and there is one of the circumstances specified in the preceding paragraph or if it is the leading member of a fraud group, it shall be deemed to be a fraud under Article 260 of the Criminal Law respectively. "Other serious circumstances" and "other particularly serious circumstances" stipulated in Article 6. Article 3 Although the defrauding of public or private property has reached the "relatively large amount" standard stipulated in Article 1 of this Interpretation, if one of the following circumstances occurs and the perpetrator pleads guilty and regrets his crime, he may be punished according to Article 37 of the Criminal Law and Criminal Procedure According to the provisions of Article 142 of the Law, no prosecution or criminal punishment is required: (1) Those who have statutory lenient punishment circumstances; (2) All the stolen goods and compensation are returned before the judgment of the first instance; (3) They do not participate in the division of the stolen goods or obtain compensation. The stolen goods are relatively small and he is not the principal culprit; (4) The victim is understanding; (5) Other circumstances are minor and the harm is not great. Article 4: Defrauding close relatives of their property will generally not be treated as a crime if the close relatives understand. It is indeed necessary to pursue criminal liability for defrauding close relatives of their property, and the specific handling should be lenient as appropriate. Article 5 Anyone who attempts fraud, targets a huge amount of property, or has other serious circumstances shall be convicted and punished. Using telecommunications technology means such as sending text messages, making phone calls, and the Internet to defraud an unspecified majority of people. The amount of the fraud is difficult to verify, but if one of the following circumstances occurs, it shall be deemed as "other serious circumstances" stipulated in Article 266 of the Criminal Law. ", the person shall be convicted and punished for the crime of fraud (attempted): (1) Those who send more than 5,000 fraudulent messages; (2) Those who make more than 500 fraudulent calls; (3) Those whose fraud methods are egregious and cause serious harm. Those who commit the acts specified in the preceding paragraph and the quantity reaches more than ten times the standards specified in Items (1) and (2) of the preceding paragraph, or whose fraud methods are particularly egregious and the harm is particularly serious, shall be deemed to have committed crimes as stipulated in Article 266 of the Criminal Law. "Other particularly serious circumstances" will result in conviction and punishment of fraud (attempted). Article 6 Fraud includes both completed and attempted fraud, and if they reach different sentencing ranges, they shall be punished in accordance with the provisions of the heavier punishment; if they reach the same sentencing range, they shall be punished as completed fraud.

Article 7 Anyone who knowingly provides other people with credit cards, mobile phone cards, communication tools, communication transmission channels, network technical support, expense settlement, etc. to commit fraud crimes shall be punished with the same crime. Article 8 Whoever pretends to be a staff member of a state agency to commit fraud, which simultaneously constitutes the crime of fraud and pretense, shall be convicted and punished in accordance with the provisions on heavier penalties. Article 9 The fraudulent property and its interest that have been seized, detained, and frozen after the incident, if the ownership is clear, shall be returned to the victim; if the ownership is unclear, the fraudulent property and property may be seized, detained, or frozen according to the proportion of the defrauded money and property. The proportion of the property and its interest in the case shall be returned to the victim, but any compensation that has been refunded shall be deducted. Article 10 If the perpetrator has used the fraudulent property to pay off debts or transferred it to another person, and under any of the following circumstances, it shall be recovered in accordance with the law: (1) The other party knowingly received the fraudulent property; (2) The other party obtained the fraudulent property for free. ; (3) The other party obtains the fraudulent property at a price that is significantly lower than the market price; (4) The other party obtains the fraudulent property due to illegal debts or illegal and criminal activities. If others obtain fraudulent property in good faith, they will not be recovered.

Telecom fraud is a serious crime. In order to maintain social order and protect the safety of citizens’ property, all countries have formulated corresponding criminal penalty policies. When implementing criminal penalty policies, the following procedures usually go through: First, the police will collect evidence and investigate the case to confirm the criminal facts and the persons involved. The case will then be handed over to the prosecutor's office, who will prosecute the suspect in accordance with relevant legal provisions. Next, the court will hear the case and decide the type and degree of punishment based on factors such as the nature, circumstances, and impact of the crime, as well as the defendant’s criminal record. Finally, after the judgment takes effect, the relevant departments will implement the punishment to ensure that the criminal suspect receives the punishment he deserves. In general, the implementation process of the criminal penalty policy for telecommunications fraud is a legal, fair and rigorous process, aiming to maintain social fairness, justice and legal authority.

Legal basis:

Decision of the Supreme People's Court and the Supreme People's Procuratorate on amending the "Interpretation on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases Obstructing the Management of Credit Cards": Article 5 Use of forgery Credit cards obtained by fraud, credit cards fraudulently obtained with false identity certificates, invalid credit cards, or fraudulent use of other people’s credit cards to engage in credit card fraud, with the amount exceeding RMB 5,000 but less than RMB 50,000, shall be deemed as Article 196 of the Criminal Law. The prescribed "large amount"; if the amount is more than 50,000 yuan and less than 500,000 yuan, it shall be deemed as a "huge amount" as stipulated in Article 196 of the Criminal Law; if the amount is more than 500,000 yuan, it shall be deemed It is the “especially huge amount” stipulated in Article 196 of the Criminal Law. The term "false use of other people's credit cards" as mentioned in the third paragraph of Article 196 of the Criminal Law includes the following situations: (1) finding other people's credit cards and using them; (2) defrauding other people's credit cards and using them; (3) Stealing, bribing, defrauding or obtaining other people's credit card information through other illegal means and using it through the Internet, communication terminals, etc.; (4) Other situations of fraudulently using other people's credit cards.