(1) If the amount of fraud is less than 4,000 yuan, a fine shall apply; Between 4,000 yuan and 5,000 yuan, it is public surveillance; 5,000 yuan, three months of criminal detention, and each increase of 1670 yuan will increase the sentence by one month; 1000 yuan, for six months in prison, each increase of 1000 yuan, the sentence will be increased by one month; (two) under any of the circumstances stipulated in Article 131, it is proposed to be sentenced to criminal detention and upgraded to fixed-term imprisonment; Those who intend to be put under control or fined will be upgraded to criminal detention. Whoever cheats 40,000 yuan shall be sentenced to three years' imprisonment, and the term of imprisonment shall be increased by one month for every additional 2,000 yuan. Whoever cheats 200,000 yuan shall be sentenced to 10 years' imprisonment, and for every additional 4,000 yuan, the sentence shall be increased by one month. Under any of the following circumstances, a heavier punishment shall be given to 10%: (1) the ringleader of a fraud group or the principal in a joint fraud crime, and the circumstances are serious; (two) recidivist or fugitive crime, causing serious harm; (3) defrauding a legal person, other organization or individual of the means of production urgently needed, which seriously affects production or causes other serious losses; (four) defrauding disaster relief, emergency rescue, flood control, special care, relief, medical care and other funds and materials, resulting in serious consequences; (five) squandering fraudulent property, resulting in fraudulent property can not be returned; (six) the use of fraudulent property for illegal and criminal activities; (7) Causing the victim's death, mental disorder or other serious consequences; (eight) the defendant was sentenced to punishment or administrative punishment for fraud; (9) Fraud 10 or more times.
Legal basis: According to Article 266 of the Criminal Law of People's Republic of China (PRC), 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 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 and shall also be fined; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated. Where there are other provisions in this Law, such provisions shall prevail.
Using telecommunications technologies such as sending short messages, making phone calls, and the Internet to defraud an unspecified majority of people, and the amount of fraud is difficult to verify. However, under any of the following circumstances, it shall be deemed as other serious circumstances stipulated in Article 166 of the Criminal Law, and shall be convicted and punished for fraud (attempted): (1) Sending more than 5,000 pieces of fraudulent information; (2) Making fraudulent phone calls for more than 500 times; (3) The fraudulent means are bad and the harm is serious. If the number of acts specified in the preceding paragraph reaches more than ten times the standard specified in Item (-) (2) of the preceding paragraph, or if the fraudulent means are particularly bad and the harm is particularly serious, it shall be deemed as other particularly serious circumstances specified in Article 166 of the Criminal Law, and shall be convicted and punished for the crime of fraud (attempted).