Fraud through gambling also belongs to the category of fraud. Generally speaking, the standard for filing fraud is 2000 yuan. That is, as long as the actor gambles and swindles others to more than 2,000 yuan, it has reached the starting point of filing a case, which constitutes a crime and should be punished by criminal law. Generally speaking, those who cheat others of their property shall be sentenced to fixed-term imprisonment of not more than three years. If the circumstances of fraud are serious, the perpetrator may be sentenced to fixed-term imprisonment of not less than three years but not more than ten years according to the circumstances. There is no provision of "gambling fraud" in the criminal law, so there is no specific sentencing time. Whoever defrauds public or private property in a relatively large amount shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also, or shall only, 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 but not more than ten years.

First of all, define gambling from the following points:

1, the object of this crime is the socialist social fashion;

2. Objectively speaking, it is an act of gathering people to gamble or taking gambling as a profession;

3. The subject of this crime is the general subject;

4. Subjectively, this crime is intentional and for profit.

Two, the crime of gambling and fraud have the following differences:

1, the object of crime is different: the crime of fraud belongs to the crime of infringing on property, and the object of infringement can be simple or complex. Gambling crime belongs to the crime of disturbing public order in the crime of disturbing social management order, and the object of infringement is a simple object, that is, disturbing social customs.

2. The objective aspect of crime is different: the objective aspect of gambling crime is the behavior of gathering people to gamble, opening casinos or taking gambling as a profession. The crime of fraud is objectively manifested in the use of fictional facts, concealing the truth and other deceptive means to defraud public and private property or property interests. Gambling crimes are often accompanied by cheating, but this kind of cheating is different from cheating in fraud. Deception in gambling crime is to create false facts and induce others to see gambling, but gambling is an opportunity to win or lose, and its purpose is to make profits, not to possess.

3. The subjective aspect of crime is different: the subjective aspect of gambling crime is direct intention and has profit-making purpose. Of course, the actor only needs to have the purpose of making a profit, but whether he actually makes a profit or not does not affect the establishment of gambling crime. The crime of fraud is to defraud public or private property or property interests by fictional facts, concealing the truth and other deceptive means. Subjectively, it can be direct intention or indirect intention.

Legal basis:

Article 303 of the Criminal Law of People's Republic of China (PRC) shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also be fined. Whoever opens a casino shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance, and shall also be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years and shall also be fined. Whoever organizes People's Republic of China (PRC) citizens to participate in gambling outside the country (territory), if the amount is huge or there are other serious circumstances, shall be punished in accordance with the provisions of the preceding paragraph. Whoever opens a casino shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also be fined; If the circumstances are serious, 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.