How was the salesman of a foreign exchange fraud company sentenced?

The Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases of Fraud stipulates that:

Those who defraud public or private property in an amount of more than 3,000 yuan but less than 10,000 yuan, more than 30,000 yuan but more than 100,000 yuan and more than 500,000 yuan are respectively deemed as "a large amount", "a huge amount" and "a particularly huge amount" as stipulated in Article 266 of the Criminal Law.

[Contract Fraud Case (Article 224 of the Criminal Law)] Anyone who, for the purpose of illegal possession, defrauds the other party of property in the process of signing and performing a contract, and the amount is more than 20,000 yuan, shall file a case for prosecution.

Fixed-term imprisonment of not more than three years, criminal detention, public surveillance and a fine.

1, if the fraud is less than 4,000 yuan, the benchmark punishment is a fine; if the fraud is more than 4,000 yuan but less than 5,000 yuan, the benchmark punishment is public surveillance. 5,000 yuan, the benchmark punishment is three months of criminal detention, and the sentence is increased by one month for every increase of 1.670 yuan; If the amount is 1000 yuan, the benchmark punishment is six months' imprisonment, and the imprisonment will be increased by one month for every increase of 1000 yuan.

2. Under any of the circumstances stipulated in Article 126, if it is planned to be sentenced to criminal detention, it will be upgraded to fixed-term imprisonment. Those who intend to be put under control or fined will be upgraded to criminal detention.

3. For recidivists who swindle 3,000 yuan, the benchmark punishment is six months' imprisonment, and the imprisonment will be increased by one month for each additional 1.230 yuan.

Sentencing standards for fixed-term imprisonment of not less than three years but not more than ten years

For those who swindle 40,000 yuan, the benchmark punishment is three years' imprisonment, and for each additional 2,000 yuan, the sentence will be increased by one month.

Sentencing standard of fixed-term imprisonment of more than ten years

For those who swindle 200,000 yuan, the benchmark penalty is 10 years' imprisonment, and for every additional 4,000 yuan, the sentence will be increased by one month.

Extended data:

situation

17 90 young people used Australia's so-called "Fortis Foreign Exchange" as a trading platform and defrauded more than 2.3 million yuan in five months. The reporter learned from Xinyang Intermediate People's Court of Henan Province that Xinyang Intermediate People's Court sentenced Dai Moudeng 17 people 1 1 to 1 to fixed-term imprisonment for fraud, fined 50,000 yuan to 1000 yuan, and deprived of political rights for 2 years to 1 year.

27-year-old Dai and four friends * * * work as stock and securities consulting agents in Hefei, Anhui. Due to business problems, Dai and others began to look for new opportunities to make money. In April 20 17, they finally waited for the so-called "new opportunity" and started telecom fraud.

Jiang recommended to Dai a trading platform that claimed to be Australia's "Fortis Foreign Exchange", claiming that this platform is for online stock and foreign exchange investment. In addition to the platform extraction fee and the profit of the platform provider, participants can also get 90% of the investor's investment.

To open the "Fortis Foreign Exchange" trading platform, you don't need to register a company, and you don't need to sign a cooperation agreement. You just need to provide your ID card and bank card. Such conditions made Dai and others lose their minds and soon decided to cooperate with Jiang.

After the two sides reached an agreement, Jiang provided his ID card and bank card number, and opened a platform link. Since then, five people, including Yu, have raised funds, rented a space as office space in Emerald Lake, Economic Development Zone, Hefei City, and bought computers, desks and other supplies. The five people agreed to own their own shares and share the dividends according to their capital contribution.

Among them, Daimou holds 265,438+0%. In the course of operation, in order to gain greater benefits and avoid risks, five people each gave 2% of the shares to Jiang, and Jiang held 10% of the shares without any contribution.

Subsequently, Daimou began to "recruit soldiers", taking Zhao Zhao, a colleague engaged in securities consulting agency, as the general manager, responsible for marketing and management, while the other four were responsible for finance, expenses, employee recruitment, logistics support and other work, and set up a marketing department, a customer service (transaction) department and an administrative department.

In the specific operation of Fortis foreign exchange platform, there are two QQ groups, Fortis Fortune Club and Fortune Win Club. Fortis Fortune Club provides customer information on behalf of someone, and the salesman talks with the customer according to the process in the prepared "Speech Book" to make the customer pay attention to the stock market, and then calls back to the customer to let the customer chat in the QQ group. The salesman will have several QQ numbers.

In the group, the salesman sends screenshots of the stock rise and other information, taking this opportunity to recommend foreign exchange to customers and trick them into investing in the "Fortis Foreign Exchange" trading platform.

During this period, Niu and others pretended to be foreign exchange analysts, let customers invest in the platform, guide customers to operate online, and let them send money to designated places. At first, they let customers make money, attract customers to increase investment, and then lose money. Every time a customer loses money on the platform, all salesmen, team leaders, trading department members, etc. Will get the commission in advance.

The second trial of Xinyang Intermediate People's Court held that the defendant 17 used false trading platforms, communication tools, the Internet and other technical means to defraud the victim's property for the purpose of illegal possession, and the amount was extremely huge. His actions have constituted the crime of fraud, and they are all crimes of * * *, so the above judgment is made according to law.

People's Daily Online-17 90 defrauded 2.3 million yuan in the name of investing in foreign exchange.