Is online fraud illegal?

Internet fraud is illegal, the amount is not large, and it does not constitute fraud, but it can be punished by public security. Suspected of online fraud, with 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.

Legal analysis

As long as it is online fraud, it is illegal. 2000-5000 yuan, reaching the standard of fraud. The amount is small, not reaching 2000 yuan, which does not constitute fraud, but it violates social security. According to the provisions of the Law on Public Security Administration Punishment, he was detained for 5 ~ 15 days and may be fined up to 1000 yuan. However, if the accumulated amount of fraud exceeds 2,000-5,000, criminal responsibility for the crime of fraud may be investigated. 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. Objectively speaking, this crime is manifested in defrauding a large number of public and private property by means of fraud (by fabricating facts or concealing the truth). The subject of this crime is the general subject, and any natural person who has reached the legal age of criminal responsibility and has the ability of criminal responsibility can constitute this crime. Subjectively, this crime is direct and intentional, with the purpose of illegal possession of public and private property.

legal ground

Article 49 of the Law of People's Republic of China (PRC) on Public Security Administration Punishment: Whoever steals, swindles, robs, robs, extorts or intentionally damages public or private property shall be detained for more than five days and less than ten days, and may also be fined less than 500 yuan; If the circumstances are serious, he shall be detained for more than 10 and less than 15, and may also be fined less than 1000 yuan.

Article 266 of the Criminal Law of People's Republic of China (PRC) stipulates that 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.