The gang is suspected of defrauding 280,000 yuan and returning 108,000 yuan in compensation. The case's compensation ratio did not exceed 50% of the total losses, which was very harmful to society and it was inappropriate to be sentenced to non-custodial sentences.
Sentencing rules for the crime of fraud:
1. If the crime of fraud is constituted, the court will generally impose a prison sentence of less than 3 years, criminal detention or surveillance, and may also impose a fine or a fine;
2. If the amount of the crime reaches a huge standard or the circumstances are serious, he shall be sentenced to fixed-term imprisonment of 3 to 10 years;
3. If the amount of the crime reaches a particularly huge standard or the circumstances are particularly serious, he shall be sentenced to a fixed-term imprisonment of not less than 10 years imprisonment or life imprisonment and a fine or confiscation of property.
The trial process of a fraud case is as follows:
1. Pre-trial preparation. Review the case files transferred by the prosecutor for review and prosecution, and if necessary, convene a pre-trial meeting to exclude illegal evidence;
2. Held a court hearing;
3. Court investigation. Ascertain the facts of the case by asking questions to the defendant or witnesses and presenting and cross-examining evidence;
4. Court debate;
5. The defendant’s final statement;
6 , the court announced its verdict publicly.
Legal basis: Article 266 of the "Criminal Law of the People's Republic of China"
Whoever commits the crime of defrauding public or private property, if the amount is relatively large, shall be sentenced to a fixed term of not more than three years Imprisonment, criminal detention or public surveillance, and shall be concurrently or solely 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 particularly huge or there are other particularly serious circumstances, he shall be sentenced to ten years The above sentence shall be fixed-term imprisonment or life imprisonment, and shall also be punished with a fine or confiscation of property. If this law provides otherwise, the provisions shall prevail.