How many years should I get for swindling 300 thousand

How many years should I get for swindling 300 thousand? It depends on what kind of fraud it is.

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.

2. [Contract Fraud (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.

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

(A) insufficient fraud 4

000 yuan, the benchmark penalty is a fine penalty; From 4,000 yuan to 5,000 yuan, the benchmark punishment is public surveillance; 5,000 yuan, the benchmark punishment is three months of criminal detention, increasing by 1.

670 yuan, the sentence was increased by one month; 1 0,000 yuan, and the benchmark penalty is six months' imprisonment, with each increase of 1.

000 yuan, the sentence increased by one month;

(two) under any of the circumstances stipulated in Article 126, it is proposed to be sentenced to criminal detention and upgraded to fixed-term imprisonment; If it is planned to impose control or fines, it will be upgraded to criminal detention;

(3) Fraud

000 yuan and is a recidivist, the benchmark punishment is fixed-term imprisonment of six months, each increase of 1.

230 yuan, the sentence is increased by one month.

If a person is sentenced to fixed-term imprisonment of not less than three years but not more than ten years and defrauds 40,000 yuan, the benchmark punishment shall be three years of fixed-term imprisonment, an increase of 2.

000 yuan, the sentence increased by one month.

Fixed-term imprisonment 10 years or more, and the sentencing is extremely light and heavy of 200,000 yuan, the benchmark punishment is fixed-term imprisonment 10 years, and each increase is 4.

000 yuan, the sentence increased by one month.

In any of the following circumstances, the penalty is 10%:

(1) The ringleader of a fraud group or the principal of a major fraud crime;

(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.

How many years is the crime of fraud 300,000 yuan [stipulated in the Criminal Law]

Article 266 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.

Judicial interpretation]

The Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Laws in the Trial of Fraud Cases (1996.12.16 Fa Fa Fa Fa [1996] No.32) is to punish fraud criminal activities according to law, and according to the Criminal Law of People's Republic of China (PRC) (hereinafter referred to as the Criminal Law) and

1. According to the provisions of Articles 151 and 152 of the Criminal Law, defrauding a large amount of public or private property constitutes a crime of fraud.

Individuals who defraud public or private property of more than 2,000 yuan belong to a "large amount"; Individuals who defraud public or private property of more than 30,000 yuan belong to a "huge amount". Individuals who defraud public or private property of more than 200,000 yuan belong to a huge amount of fraud.

The person in charge directly responsible for the unit and other directly responsible personnel commit fraud in the name of the unit, and the proceeds of fraud are owned by the unit, and the amount is more than 50,000 to 654.38+10,000 yuan, and the criminal responsibility of the above-mentioned personnel shall be investigated in accordance with the provisions of Article 151 of the Criminal Law; If the amount is more than 200,000 yuan but less than 300,000 yuan, the criminal responsibility of the above-mentioned personnel shall be investigated in accordance with the provisions of Article 152 of the Criminal Law.

How many years will a gang get for defrauding 300 thousand? * * * In the same crime, gang members should take full responsibility for gang behavior. Even if your brother only gets 80 thousand yuan, he still has to bear the criminal responsibility of defrauding 300 thousand yuan.

Whoever cheats 300,000 yuan shall be sentenced to fixed-term imprisonment of not less than 10 or life imprisonment, and shall also be fined or confiscated.

How many years have you been sentenced for defrauding 300,000? The amount is huge. Anyone suspected of fraud shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.

Court sentencing is not as simple as a sentence. All situations need to be considered comprehensively.

The following are for reference only:

Detailed Rules for the Implementation of "Guiding Opinions of People's Courts on Sentencing (Trial)" by Henan Higher People's Court

IV. Sentencing of Fifteen Common Crimes

(7) Crime of fraud

L, the starting point and benchmark punishment of fixed-term imprisonment of not more than three years, criminal detention, public surveillance and single penalty.

Those who defraud public or private property and reach the starting point of "a large amount" can determine the starting point of sentencing within the range of three months of criminal detention to six months of fixed-term imprisonment. On the basis of the starting point of sentencing, for every increase in the amount of fraud 1200 yuan, one month's fixed-term imprisonment can be increased to determine the benchmark punishment.

If the amount of fraud is more than 2,000 yuan, under any of the following circumstances, the starting point of sentencing can be determined within the range of criminal detention of less than four months to fixed-term imprisonment of less than six months: the ringleader of a fraud group or the principal in a fraud crime with serious circumstances:

The crime of escape is serious; Fraud in rural areas; Deceive people over the age of 60; Pretending to be a staff member of a financial institution for fraud; Defrauding a unit or individual of the means of production urgently needed, which seriously affects production or causes other serious losses; Defrauding emergency rescue, flood control, special care, relief, medical care, poverty alleviation and immigration funds and materials; Causing the victim's death, mental disorder or other serious consequences; Having received criminal punishment or administrative punishment for fraud for more than two times; There are other serious circumstances. On the basis of the starting point of sentencing, the sentence of one month to three months can be increased for each additional situation, so as to determine the benchmark punishment.

2. The sentencing starting point and benchmark punishment for the range of fixed-term imprisonment of not less than three years but not more than ten years.

Fraud of public or private property, the amount of crime reaches the starting point of "huge amount", and the starting point of sentencing can be determined within the range of three to four years' imprisonment.

If the amount of defrauding public or private property is more than 30,000 yuan but less than 40,000 yuan, and under any of the following circumstances, it can be considered as "other serious circumstances", and the starting point of sentencing shall be determined within the range of fixed-term imprisonment of more than three years and less than four years: the crime of escaping is serious; Defrauding legal persons, other organizations or individuals of the means of production urgently needed, which seriously affects production or causes other serious losses; Defrauding disaster relief, emergency rescue, flood control, special care, relief, medical care, poverty alleviation and resettlement funds and materials, thus causing serious consequences; Spending fraudulent property, resulting in fraudulent property can not be returned; Using fraudulent property to engage in illegal and criminal activities; Causing the victim's death, mental disorder or other serious consequences; There are other serious circumstances.

On the basis of the starting point of sentencing, the amount of punishment can be increased according to the amount of fraud and other criminal facts that affect the composition of the crime, and the benchmark punishment can be determined. In any of the following circumstances, the corresponding punishment may be increased:

(1) For every 2,000 yuan increase in the amount of crimes, one month's imprisonment can be increased;

(2) If there are circumstances that can be identified as "other serious circumstances", the term of imprisonment can be increased by six months to two years for each additional circumstance.

3. The starting point and benchmark punishment of the statutory punishment within the range of fixed-term imprisonment of more than ten years.

When defrauding public or private property, the amount of crime reaches the starting point of "extremely huge amount", and the starting point of sentencing can be determined within the range of 10 to 12 years of imprisonment. Except for those who should be sentenced to life imprisonment according to law.

If the amount of defrauding public or private property is more than 150,000 yuan but less than 200,000 yuan, one of the following circumstances may be deemed as "other circumstances are particularly serious". Except for those who should be sentenced to life imprisonment according to law, the starting point of sentencing can be determined within the range of 10 to 12 years of imprisonment: those who commit crimes on the run and have serious harm; Defrauding legal persons, other organizations or individuals of the means of production urgently needed, which seriously affects production or causes other serious losses; Defrauding disaster relief, emergency rescue, flood control, special care, relief, medical care, poverty alleviation and resettlement funds and materials, thus causing serious consequences; Spending fraudulent property, resulting in fraudulent property can not be returned; Using fraudulent property to engage in illegal and criminal activities; Causing the victim's death, mental disorder or other serious consequences; There are other serious circumstances.

On the basis of the starting point of sentencing, the amount of punishment can be increased according to the amount of fraud and other criminal facts, and the benchmark punishment can be determined. In any of the following circumstances, the corresponding fine amount may be increased and the benchmark fine may be determined:

(1) For every 10,000 yuan increase in the amount of crimes, one month's imprisonment can be increased;

(2) If there are circumstances that can be identified as "other particularly serious circumstances", the term of imprisonment may be increased by six months to two years for each additional circumstance.

4. Under any of the following circumstances, the liquidated damages may be increased or decreased accordingly, but the accumulated liquidated damages shall not exceed 65,438+000% of the benchmark liquidated damages:

(1) has "escape crime; Cheating means of production, which has not seriously affected production or caused other serious losses; Deceiving disaster relief, emergency rescue, flood control, special care, relief, medical care, poverty alleviation and resettlement funds and materials, without causing serious consequences, can increase the benchmark punishment by less than 30%; For each additional case, the benchmark penalty can be increased within 10%;

(2) Repeated fraud can increase the benchmark punishment by less than 30%;

(3) Whoever cheats on illegal and criminal activities such as drug abuse and gambling may be given a heavier punishment below 20% of the benchmark punishment;

(four) squandering fraudulent property, unable to return fraudulent property, can be increased by less than 20% on the basis of the benchmark punishment;

(five) the use of fraudulent property for illegal activities, can be increased by less than 20% on the basis of the benchmark punishment;

(6) If death, mental disorder or other serious consequences are caused to the victim, the benchmark punishment may be increased by less than 20%;

(7) If the defendant has been sentenced for a crime or given administrative punishment for fraud, the benchmark punishment may be increased by less than 20%.

5. In any of the following circumstances, the punishment may be mitigated accordingly:

(1) Those who cheat because they are forced by real life and need to learn to treat diseases urgently can reduce the benchmark punishment by less than 20%;

(2) Whoever defrauds his family or close relatives of their property may be given a reduction of less than 50% of the benchmark punishment, unless it is not treated as a crime.

5. Matters needing explanation

(1) If the amount of attempted fraud reaches more than three times the standard of "large amount" or there are other serious circumstances, it shall be convicted and punished for the crime of fraud, and the starting point of sentencing and benchmark punishment may be determined with reference to the provisions of Article 65438 +0, 2 and 3.

(2) If the amount of the completed part of the crime of fraud does not reach "a large amount", but the total amount of the attempted part reaches more than three times the standard of "a large amount", it shall be deemed as an attempted crime.

Fraud of 600,000 yuan should be sentenced to several years. Whoever cheats more than 600,000 yuan shall be sentenced to fixed-term imprisonment of not less than 10 or life imprisonment, and shall also be fined or confiscated. The main basis is as follows:

According to Article 266 of the Criminal Law, 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. According to the provisions of the Criminal Law, if the amount of cheating public or private property is more than 3,000 yuan, more than 30,000 yuan, more than 100,000 yuan and more than 500,000 yuan, it shall be deemed as "a large amount", "a huge amount" and "a particularly huge amount" as stipulated in Article 266 of the Criminal Law.

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. Fraud is not to defraud other illegal interests by infringing on the object. Its goal should also exclude loans from financial institutions. Because this law has specifically stipulated the crime of loan fraud in article 193. It is generally believed that the basic structure of this crime is: the actor commits fraud for the purpose of illegal possession → the victim has a wrong understanding → the victim disposes of the property based on the wrong understanding → the actor obtains the property → the victim suffers property losses.

If the amount of fraud is more than 300 thousand, it should be sentenced to several years. Thank you, professionals. Article 266 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.

Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in the Trial of Fraud Cases (1996.5438+02.6438+06 Fa Fa Fa Fa [1996] No.32).

Individuals who defraud public or private property of more than 2,000 yuan belong to a "large amount"; Individuals who defraud public or private property of more than 30,000 yuan belong to a "huge amount". Individuals who defraud public or private property of more than 200,000 yuan belong to a huge amount of fraud.

100W belongs to a huge amount, which is applicable to fixed-term imprisonment of more than 10 years or life imprisonment.

Loan fraud1300,000 may be sentenced to several years for suspected loan fraud, and the amount is huge. Can be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and a fine of not less than 50,000 yuan but not more than 500,000 yuan. The specific sentencing depends on the situation.

Article 193rd of the Criminal Law of People's Republic of China (PRC) has one of the following circumstances, which constitutes the crime of loan fraud. If the amount is relatively large, he shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan. If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan; 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 not less than 50,000 yuan but not more than 500,000 yuan or confiscated property:

(a) fabricating false reasons such as introducing funds and special projects;

(two) the use of false economic contracts;

(3) using false documents;

(four) the use of false proof of property rights as a guarantee or repeated guarantee beyond the value of collateral;

(5) obtaining loans by other means.

Fraud 300 thousand, if all the stolen money can be returned, it will be sentenced to several years. According to Article 266 of the Criminal Law: "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. "

Individuals who defraud public or private property of more than 200,000 yuan belong to a huge amount of fraud. Even if all the stolen money and goods are returned, they should be sentenced to 10 years in prison and fined or confiscated.

How many years can I get for swindling 300 thousand? It depends on why you defrauded 300 thousand, and the sentence varies according to the nature. If other factors are not considered, the amount of fraud of 300,000 yuan is huge. According to Article 1 of 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, 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 "large amount", "huge amount" and "extremely huge amount" as stipulated in Article 266 of the Criminal Law. According to the second paragraph of Article 266 of the Criminal Law, 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 fined; Fraud of 300,000 yuan may face imprisonment of more than three years and less than ten years, and a fine.