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Can fraud 1000 yuan be sentenced?
According to 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 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.
Among them, the standard of the amount of fraud is stipulated in Article 1 of 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. Those who swindle public or private property in the amount of 3,000 to 10,000 yuan, 30,000 to 100,000 yuan and 500,000 yuan are respectively deemed as "a large amount", "a huge amount" and "a particularly huge amount" as stipulated in Article 266 of the Criminal Law.
The higher people's courts and people's procuratorates of all provinces, autonomous regions and municipalities directly under the Central Government may, in combination with the economic and social development of the region, jointly study and determine the specific amount standards implemented in the region within the scope of the amount specified in the preceding paragraph, and report them to the Supreme People's Court and the Supreme People's Procuratorate for the record.
Article 2 of 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 stipulates that whoever defrauds public or private property reaches the amount standard stipulated in Article 1 of this Interpretation and has one of the following circumstances may be given a heavier punishment as appropriate in accordance with the provisions of Article 266 of the Criminal Law:
1. Whoever commits fraud against an unspecified majority by sending short messages, making phone calls or publishing false information through the Internet, radio and television, newspapers and magazines.
Two, defrauding disaster relief, emergency rescue, flood control, special care, poverty alleviation, immigration, relief, medical funds and materials.
Third, fund-raising fraud in the name of disaster relief.
4. defrauding the disabled, the elderly or the disabled.
5. Causing the victim to commit suicide, mental disorder or other serious consequences.
The above resources come from China People's Congress Network-Constitutions of People's Republic of China (PRC) and China.
The Supreme People's Court, China-On the specific application of handling criminal cases of fraud.
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