How many years will you be sentenced for committing fraud of more than 100,000 yuan?

For fraud of more than 100,000 yuan, which is considered a huge amount, the offender shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined.

Sentencing standards for the crime of fraud

l. Anyone who commits this crime shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or surveillance, and shall also or solely be fined;

2. 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;

3. If the amount is particularly huge or there are other particularly 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;

Imprisonment or life imprisonment, and a fine or confiscation of property.

Legal basis

"Interpretation on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Fraud"

Article 1: Fraud of public or private property worth three thousand yuan to one Those exceeding 10,000 yuan, 30,000 yuan to 100,000 yuan, and 500,000 yuan shall be deemed as "relatively large amounts", "huge amounts" and "especially huge amounts" as stipulated in Article 266 of the Criminal Law respectively. .

"Criminal Law"

Article 266: Whoever defrauds public or private property, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or surveillance, and shall be concurrently or solely punished fine; 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; Life imprisonment and concurrent fine or confiscation of property. If this law provides otherwise, the provisions shall prevail.

Extended information:

Criminal Punishment

Criminal Law Provisions

1. Anyone who commits this crime shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention or control, and shall be concurrently or solely fined;

2. 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 10 years, and shall also be fined;

3 , where the amount is extremely huge or there are other particularly serious circumstances, he 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.

Judicial Interpretation

According to the provisions of the "Interpretations of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in the Handling of Criminal Cases of Fraud" (effective from April 8, 2011) :

Anyone who defrauds 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 stipulated in Article 266 of the Criminal Law respectively. "a relatively large amount" and "a huge amount" and "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.

Legal Basis

Criminal Law Provisions

Article 266 Whoever defrauds public or private property, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, or control, and shall be concurrently or solely 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 particularly huge or there are other particularly 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; The offender 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.

Whoever uses deceptive means to defraud special value-added tax invoices or other invoices that can be used to defraud export tax refunds or tax deductions in paragraph 2 of Article 210 shall be punished in accordance with Article 266 of this Law. Convicted and punished in accordance with Article 1.

Article 269: Anyone who commits the crime of theft, fraud or robbery, uses violence or threatens violence on the spot in order to hide stolen goods, resist arrest or destroy criminal evidence, shall be punished in accordance with Article 269 of this Law. Article 13 provides for conviction and punishment.

Anyone who organizes and uses sects, cult organizations, or uses superstition to rape women or defraud property in paragraph 3 of Article 300 shall be subject to Article 236 and Article 266 of this Law respectively. stipulates conviction and punishment.

Article 287 Whoever uses computers to commit financial fraud, theft, embezzlement, misappropriation of public funds, theft of state secrets or other crimes shall be convicted and punished in accordance with the relevant provisions of this law.

Related decisions

The Standing Committee of the National People's Congress "Decision on Maintaining Internet Security" (2000.12.28) In order to protect the personal, property, etc. of individuals, legal persons and other organizations Legal rights: Anyone who commits any of the following acts that constitutes a crime shall be held criminally responsible in accordance with the relevant provisions of the Criminal Law: using the Internet to commit theft, fraud, and extortion.

Reference: Baidu Encyclopedia-Crime of Fraud