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Is it illegal to help people drain and do online fraud?
The sentencing standard of drainage fraud is related to the amount of fraud and the circumstances of the crime. For example, if the fraud amount of a criminal suspect is more than 3,000 yuan to 10000 yuan, the sentencing range will usually not exceed three years' imprisonment, but if the fraud amount is more than 500,000 yuan, the minimum sentencing is 10 years' imprisonment. If the circumstances are especially serious, he may be sentenced to life imprisonment and all his personal property shall be confiscated.
The crime of fraud refers to the act of defrauding a large amount of public and private property by deception for the purpose of illegal possession. Under any of the following circumstances, a heavier punishment may be imposed according to relevant laws and regulations:
(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;
(5) Causing the victim to commit suicide, mental disorder or other serious consequences.
If the amount of fraud is close to the standards of "huge amount" and "extremely huge amount" as stipulated in Article 1 of this Interpretation, and it falls into one of the circumstances as stipulated in the preceding paragraph or belongs to the ringleader of a fraud group, it shall be deemed as "other serious circumstances" and "other particularly serious circumstances" as stipulated in Article 266 of the Criminal Law respectively.
Legal basis:
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 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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