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How to sentence for swindling 30 million?
Fraud of public or private property reaches the relevant amount standard, and under any of the following circumstances, a heavier punishment may be imposed as appropriate in accordance with the relevant provisions:
1, publishing false information through text messages, phone calls, or through the Internet, radio and television, newspapers and magazines. , fraud is not specific to most people;
2, defrauding disaster relief, emergency rescue, flood control, special care, poverty alleviation, immigration, relief, medical funds and materials;
3. Fraud in the name of disaster relief fundraising;
4. 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 relevant standards of "huge amount" and "especially huge amount", and it belongs to one of the relevant plots or the ringleader of the fraud group, it shall be identified as "other serious circumstances" and "other particularly serious circumstances" respectively.
Although defrauding public or private property has reached the relevant standard of "large amount", but under any of the following circumstances, if the actor pleads guilty or repents, he may not sue or be exempted from criminal punishment in accordance with the relevant provisions:
1, with legal lenient punishment circumstances;
2, all returned stolen goods, restitution before the judgment of the first instance;
3, did not participate in the distribution of stolen goods or less stolen goods and not the principal;
4. Victim's understanding;
5. Other circumstances are minor and not serious.
legal ground
Article 266 of the Criminal Law of People's Republic of China (PRC) stipulates that 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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