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How to determine the amount standard of contract fraud?
Provisions on the standards for filing and prosecuting criminal cases under the jurisdiction of public security organs (II)
Article 77? [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.
Interpretation of some problems on the specific application of law in handling criminal cases of fraud
Rule number one 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.
The higher people's courts and people's procuratorates of all provinces, autonomous regions and municipalities directly under the Central Government may, in combination with the economic and social development of the region, jointly study and determine the specific amount standards implemented in the region within the scope of the amount specified in the preceding paragraph, and report them to the Supreme People's Court and the Supreme People's Procuratorate for the record.
Forms of fraud in contract fraud
1. Sign a contract in the name of a fictitious unit or others.
2, forged, altered, invalid bills or other false proof of property rights as a guarantee. The bills mentioned here mainly refer to financial bills that can be used as guarantee documents, that is, bills of exchange, promissory notes and checks. The so-called other property certificates include land use certificates, house ownership certificates and various valid certificates that can prove movable and immovable property.
3. Without actual performance ability, first perform the small contract or part of the contract to trick the other party into continuing to sign and perform the contract.
4. Escape after accepting the goods, payment, advance payment or secured property of the other party.
5. defrauding the other party's property by other means. The other methods mentioned here refer to all means used in the process of signing and performing an economic contract except the above four methods for the purpose of defrauding the goods, payment, advance payment, deposit and other property delivered by the other party as agreed in the contract.
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