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My loan was defrauded and I need help.
If a loan is defrauded, evidence should be retained and the case reported in a timely manner.
Legal basis:
1. According to the "Interpretations 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" (effective from April 8, 2011 ) provisions: Those who defraud public or private property worth 3,000 yuan to more than 10,000 yuan, 30,000 yuan to more than 100,000 yuan, or more than 500,000 yuan shall be deemed as "a relatively large amount" as stipulated in Article 266 of the Criminal Law. "Big" and "a huge amount", "a particularly huge amount".
Anyone who defrauds public or private property up to the above-mentioned amounts and meets any of the following circumstances may be severely punished in accordance with the provisions of Article 266 of the Criminal Law:
(1) ) To defraud an unspecified majority of people by sending text messages and making phone calls, or using the Internet, radio and television, newspapers and magazines, etc. to publish false information;
(2) Fraud in disaster relief and emergency rescue, flood prevention, special care, and poverty alleviation , immigration, relief, and medical funds;
(3) Fraud in the name of raising donations for disaster relief;
(4) Fraud against disabled people, the elderly, or people who have lost the ability to work Property;
(5) Causing suicide, mental disorder or other serious consequences to the victim.
If the amount of fraud is close to the standards of "huge amount" or "particularly huge amount" stipulated above, and falls under one of the circumstances specified in the preceding paragraph or is the leading member of a fraud group, it shall be deemed as a second-tier crime in the criminal law respectively. "Other serious circumstances" and "other particularly serious circumstances" stipulated in Article 166
2. Article 266 of the "Criminal Law" Crime of Fraud Defrauding public or private property, if the amount is relatively large, shall be punished A fixed-term imprisonment of not more than three years, criminal detention or surveillance, and concurrently or solely a fine; if the amount is huge or there are other serious circumstances, the person shall be sentenced to a fixed-term imprisonment of not less than three years but not more than 10 years, and also a fine; if the amount is particularly huge or there are other particularly serious circumstances , shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and shall also be fined or have property confiscated. If this law provides otherwise, the provisions shall prevail.
3. Article 49 of the "Public Security Administration Punishment Law" Whoever steals, defrauds, robs, snatches, extorts or intentionally damages public or private property shall be detained for not less than 5 days but not more than 10 days, and may also be fined 500 A fine of not more than RMB 1,000 shall be imposed; if the circumstances are serious, the offender shall be detained for not less than 10 days but not more than 15 days, and may also be fined not more than RMB 1,000.
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