According to Article 1 of the "Interpretations of the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Fraud", defrauding public or private property worth 3,000 yuan to more than 10,000 yuan, 30,000 yuan to more than 100,000 yuan, If the amount exceeds 500,000 yuan, it shall be deemed as "relatively large amount", "huge amount" or "especially huge amount" as stipulated in Article 266 of the Criminal Law.
The higher people's courts and people's procuratorates of each province, autonomous region, and municipality 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. Report to the Supreme People's Court and the Supreme People's Procuratorate for filing.
According to Article 266 of the "Criminal Law of the People's Republic of China", whoever defrauds 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 surveillance, and shall be fined concurrently or solely. gold.
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 particularly huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than ten years and not more than ten years or life imprisonment. , and shall be fined or property confiscated. If this law provides otherwise, the provisions shall prevail.
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Case: The old scam of "picking up money" only deceives the elderly? Man was sentenced to seven years for fraud
The scam of picking up and dividing money It is already very old-fashioned. However, there are still criminals who are using this scam to commit crimes and extend their evil hands to middle-aged and elderly people. Recently, the Yuyang District People's Court heard the case of the defendant Li Mougang committing fraud and credit card fraud. In the first instance, Li Mougang was sentenced to seven years in prison and fined RMB 60,000.
According to the statement of Shi, a victim in his fifties, on the afternoon of August 21 last year, when Shi was resting on a chair in the lobby of the inpatient department of Yulin Second Hospital, a short-haired man came over with other people. They got close to each other and invited Shi to smoke at the stairs where there were few people.
While smoking, a fat man passed by in a hurry and dropped an envelope. The short-haired man immediately picked up the envelope, told Shi that there was money in it, offered to split it equally between the two, and put the envelope into Shi Someone's trouser pocket. At this time, the fat man who dropped the envelope came back and asked the two if they had picked up the money, but they both denied it.
The short-haired man took the initiative to take out the cash and other objects on his body to prove to the fat man, and also took out the cash and bank card in Shi’s pocket. The fat man said that the bank card on Shi’s body was his. Offered to check balance via mobile phone to verify. In order to prove that the bank card was his, Shi told Fatty the password. The short-haired man and the fat man returned Shi's card package and left.
After the two left, Shi discovered that his bank card was missing, and the envelope he found was not cash at all, but a stack of bills. Only then did Shi realize that he had been deceived and immediately called the police. He called the police, but 20,000 yuan in his bank card had been withdrawn through an automatic teller machine.
The court found that from April 2017 to January 2018, the defendant Li Mougang, together with others, used the method of "dropping money and dividing money" to sell goods in Xi'an, Yulin and other places. Near the hospital, he specializes in defrauding middle-aged and elderly people who are seeking medical treatment in the hospital or taking relatives to see the doctor. He has committed 7 frauds.
Defrauded cash worth RMB 15,551, defrauded other people’s credit cards and then used other people’s credit cards to withdraw cash worth RMB 56,500 from ATM machines. It was also found that Li Mougang was sentenced to four months' detention by the court for fraud in October 2016.
The court held that for the purpose of illegal possession, Li Mougang used fictitious facts and concealed the truth to defraud others of their property, which amounted to a large amount; he defrauded others of their credit cards and used them, and used other people's credit cards to commit credit card fraud, which amounted to a large amount. huge. His behavior violated relevant provisions of the criminal law and constituted the crime of fraud and credit card fraud, and should be punished in accordance with the law.
The defendant had been sentenced to criminal detention for fraud, which was a criminal record and could be severely punished. The defendant who defrauds the elderly, patients and their relatives may also be severely punished as appropriate. The court's first-instance verdict: Li Mougang was guilty of fraud and credit card fraud, and was sentenced to seven years in prison and fined 60,000 yuan.
People's Daily Online - The old scam of "picking up money" specializes in defrauding the elderly. The man was sentenced to seven years in prison for fraud