Fraud refers to the act of defrauding a large amount of public or private property by fabricating facts or concealing the truth for the purpose of illegal possession. The object of the crime of fraud is not to defraud other illegal interests. Its object should also exclude loans from financial institutions.
Extended data:
The state also has relevant regulations on fraud. Article 266 of the Criminal Law is the crime of fraud.
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 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.
penal provision
1. Whoever 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 only be fined; ? [ 1]?
2. 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;
3. 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.
judicial explanation/interpretation
According to the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Fraud (implemented on April 8, 201/), if the amount of public and private property is more than 3,000 yuan and less than 10,000 yuan, more than 30,000 yuan and more than 100,000 yuan, and more than 500,000 yuan, it should be considered as "a large amount" and "a huge amount".
Whoever defrauds public or private property to reach the above-mentioned amount standard in any of the following circumstances may be given a heavier punishment according to the provisions of Article 266 of the Criminal Law:
(1) Sending short messages, making phone calls or publishing false information through the Internet, radio and television, newspapers and magazines, etc., defrauding an unspecified majority;
(2) defrauding disaster relief, emergency rescue, flood control, special care, poverty alleviation, immigration, relief and medical funds and materials;
(three) fraud in the name of disaster relief fund-raising;
(four) defrauding the disabled, the elderly or the disabled;
(5) Causing the victim to commit suicide, mental disorder or other serious consequences.
If the amount of fraud is close to the above-mentioned standards of "huge amount" and "especially huge amount", and it falls under one of the circumstances specified in the preceding paragraph or belongs to the ringleader of a fraud group, it shall be respectively recognized as "other serious circumstances" and "other particularly serious circumstances" as stipulated in Article 266 of the Criminal Law.
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