Those who have returned the stolen money and have a letter of understanding for fraud still need to be investigated for criminal liability, but they can be given a lighter or reduced punishment in accordance with the law to the maximum extent possible. Anyone who commits this crime 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 fixed-term imprisonment of not less than three years and not more than 10 years, and shall also be fined; if the amount is particularly huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years and not more than 10 years, and shall also be fined; if the amount is particularly huge or there are other serious circumstances, If 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. If all the money was returned voluntarily before the case was filed, the elements of the crime to be considered fraud would be insufficient. At the same time, according to the judicial interpretation of the Supreme People's Court, if it constitutes fraud and has been returned in full before the first instance, prosecution will not be allowed and criminal punishment will be exempted. Therefore, this situation can be handled without filing a case.
The methods of fraud are as follows:
(1) Order-brushing fraud. The main manifestation is that scammers publish advertisements to earn commissions through various websites. After the victim takes the bait, they use the guise of selling low-priced goods to quickly return the promised shopping principal and commissions;
(2) False shopping and consumption fraud. Scammers sell items at low prices through various e-commerce platforms and chat software to lure victims into being fooled. After the victims pay, they blacklist them;
(3) Agency credit card and loan fraud. Scammers publish loan information and quickly process credit card information through websites and other methods, claiming that it can provide convenience for those who are short of funds, with low interest, high limit, no mortgage, no guarantee, and fast disbursement, thereby deceiving borrowers;
< p> (4) Online dating induces gambling and investment fraud. Scammers generally gain the victim's trust after a period of communication, and then lure the victim to invest on the pretext that they can obtain backdoors to online lottery purchase, investment and financial management and other platforms and make money easily.Legal basis:
"Criminal Law of the People's Republic of China"
Article 266 stipulates that the crime of fraud refers to the crime of illegal possession For the purpose of defrauding large amounts of public or private property by fabricating facts or concealing the truth. The object of the crime of fraud is not to defraud other illegal benefits. Its objects should also exclude loans from financial institutions. Because this law has specifically stipulated the crime of loan fraud in Article 193.