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How did Zhou Chuan judge it?
1. Whoever defrauds public or private property and reaches the amount specified in Article 1 of this Interpretation, under any of the following circumstances, shall be given a heavier punishment in accordance with the provisions of Article 266 of the Criminal Law:
(1) defrauding an unspecified majority by sending short messages, making phone calls or publishing false information through the Internet, radio and television, newspapers and magazines;
(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;
Two, swindling public or private property without prosecution or exemption from criminal punishment:
(1) has the statutory lenient punishment circumstances;
(2) Before the verdict is pronounced in the first instance, all the stolen money and goods have been returned or refunded;
(3) Not participating in the distribution of stolen goods or getting less stolen goods, and not being the principal offender;
Three, the actor has used the fraudulent property to pay off debts or transfer it to others, in any of the following circumstances, it shall be recovered according to law:
(1) The other party collects it knowing that it is fraudulent property;
(2) The other party obtains fraudulent property for free;
(3) The other party obtains fraudulent property at a price significantly lower than the market price;
Legal basis:
Criminal law of the people's Republic of China
Article 266: The defendant Zhou Chuan was convicted and punished for fraud; Defendant Zhou Chuan committed telecommunication network fraud in the process of preventing and controlling the epidemic situation in COVID-19, and was given a heavier punishment as appropriate. After the incident, Zhou Chuan surrendered himself and voluntarily pleaded guilty, which can be given a lighter punishment. It is suggested that the defendant Zhou Chuan be sentenced to 7 to 9 years in prison and fined RMB20,000.
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