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How many years is the sentence for fraud?
1. If the amount of fraud committed by the perpetrator is more than 3,000 yuan, a case can be filed. At the same time, 3,000 yuan is also a standard for a large amount of fraud, so the perpetrator should be sentenced to fixed-term imprisonment of not more than three years, criminal detention or control, and fined at the same time.
2. If the amount of fraud by the perpetrator is more than 50,000 yuan, then the amount of fraud is huge. If the perpetrator has a huge amount or 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.
3. If the amount of fraud committed by the perpetrator is more than 200,000 yuan, it is a huge amount of fraud; If the amount of fraud by the perpetrator is especially huge or there are other particularly 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.
Crime of fraud in Article 266 of the Criminal Law of People's Republic of China (PRC).
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.
The crime of extended data fraud refers to the behavior of the perpetrator to defraud a large number of public and private property by fraudulent means for the purpose of illegal possession. Its elements include the following aspects:
1. On the subject elements, the criminal subject is a general subject, that is, a natural person can become a criminal subject as long as he reaches the age of criminal responsibility and has the corresponding criminal responsibility ability;
2. In terms of objective elements, the crime requires the perpetrator to defraud a large number of public and private property by fraudulent means;
3. In terms of object elements, the object of this crime is public and private property, that is, the object of this crime is the ownership of public and private property;
4. Subjectively, the crime requires the perpetrator to have the purpose of intentionally and illegally occupying public and private property.
Therefore, if the above conditions are met at the same time, it can be concluded that the perpetrator constitutes fraud.
Criminal law of the people's Republic of China
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.
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