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Judicial interpretation of fraud
According to the Interpretation 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 (implemented on April 8, 201/), if the amount of fraudulent public or private property is between 3,000 yuan and 10,000 yuan, between 30,000 yuan and 100,000 yuan, and above 500,000 yuan, it shall be deemed as "a large amount" or "a huge amount of fraudulent public or private property meets the above-mentioned amount standards. A heavier punishment may be imposed according to 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; (5) Causing the victim to commit suicide, mental disorder or other serious consequences. If the amount of fraud is close to the above-mentioned standards of "huge amount" and "especially huge amount", and it belongs to one of the circumstances specified in the preceding paragraph or belongs to the ringleader of a fraud group, it shall be recognized as "other serious circumstances" and "other particularly serious circumstances" as stipulated in Article 266 of the Criminal Law respectively. According to the relevant provisions of China's criminal procedure law, there are many kinds of evidence, including witness and material evidence. Anything that can prove the case can generally be accepted as evidence by the court. The parties to the crime of fraud will be sentenced to fixed-term imprisonment of not more than three years, and the punishment will be aggravated if the circumstances of the crime are serious.
Legal objectivity:
According to the Interpretation 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 (implemented on April 8, 201/), if the amount of fraudulent public or private property is between 3,000 yuan and 10,000 yuan, between 30,000 yuan and 100,000 yuan, and above 500,000 yuan, it shall be deemed as "a large amount" or "a huge amount of fraudulent public or private property meets the above-mentioned amount standards. A heavier punishment may be imposed according to 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; (5) Causing the victim to commit suicide, mental disorder or other serious consequences. If the amount of fraud is close to the above-mentioned standards of "huge amount" and "especially huge amount", and it belongs to one of the circumstances specified in the preceding paragraph or belongs to the ringleader of a fraud group, it shall be recognized as "other serious circumstances" and "other particularly serious circumstances" as stipulated in Article 266 of the Criminal Law respectively.
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