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How many years is the sentence for fraud1100,000 yuan?
According to the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases of Fraud
Article 1 Whoever swindles public or private property in an amount of over 3,000 yuan, over 30,000 yuan, over 100,000 yuan and over 500,000 yuan shall be deemed as "large amount", "huge amount" and "especially huge amount" as stipulated in Article 266 of the Criminal Law respectively.
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.
According to Article 266 of the Criminal Law, 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.
Extended data
Case: A man was sentenced for lying about financial investment fraud of more than one million yuan.
Fictitious facts, concealing the truth, defrauding the victim's trust, and investing in futures trading have caused huge losses that cannot be repaid. A few days ago, the defendant Zheng was sentenced to fixed-term imprisonment of 12 years by the People's Court of qingtian county, Zhejiang Province, and fined 65.438 million yuan.
Zheng, 43, is a native of Taishun, Wenzhou. After graduating from high school, he worked in Shanghai and Fujian. Until mid-June of 20 14, Zheng came to Qingtian in the name of investment, rented a house and set up Fengyun Studio. At the same time, he invented Zheng Changfeng's false identity for himself.
When he came to Qingtian alone and was a stranger, Zheng sought out customers in the name of financial investment, helped customers to open futures trading accounts in "Xinhu Futures Company" and "Rongtong Commodity Trading Center" in Beijing, operated spot silver trading business for customers, and extracted profits from customers' investment profits in the form of commission.
Zheng Mouqi successively recruited Zhu, Ye and others as studio staff; At the same time, attract Zhu, Ye, Lin and others to invest, and then continue to develop new investment customers through the personal connections of Zhu, Ye and others, and put the funds of new customers into futures and silver spot trading accounts again, and Zheng will be fully responsible for the transaction.
On 20 15 10, Zheng found that he could not log on to the platform of Beijing Rongtong Commodity Exchange Center, and at the same time, the funds invested by customers on the platform could not be retrieved. Defendant Zheng chose to conceal the facts, but did not make them public. He still lured Ye into trading spot silver in Rongtong Commodity Exchange Center, and absorbed Qi and Zhang's investment funds.
In order to gain the trust of the victims and defraud more investment funds, Zheng also forged a screenshot of the profit of the spot trading of investment silver, forwarded it to the investment customers through Zhu and sent some investment funds to the customers as investment "profits".
After all, paper can't contain fire. 16, 12, the customer demanded to get back the investment money, which has been used by Zheng to speculate on futures losses, so it is impossible to pay the money. Zheng took out the only 40,000 yuan in his account and fled to Kunming with Zhu (handled separately), and rented a house in Kunming, Yunnan with a fake "Zheng Changfeng" ID card. /kloc-in the early morning of July 6, Zheng was arrested and brought to justice by the police.
To this end, Wu Mou, Ye Mou, etc. 14 victims were cheated to invest1347,600 yuan. After the defendant Zheng obtained the investment funds of the above-mentioned victims, he directly transferred the investment funds to the bank accounts of Zhu, Shi and Zheng, which he actually controlled, for his personal investment in futures trading, and most of the funds had lost money.
By the time of the crime, except that the victim Yemou urged to return part of the principal and returned a small amount of money to the victim in the form of "profit", * * * caused the economic loss of the above-mentioned victim to reach 1, 243,332 yuan.
Qingtian court held through trial that the defendant fabricated facts and concealed the truth for the purpose of illegal possession, defrauded victims such as Zhang and Zhang, and used the money to invest in futures trading, resulting in huge losses. The defendant Zheng's behavior has constituted a crime of fraud, and the amount is extremely huge. In addition, Zheng forged a false identity card, which constituted the crime of forging identity documents.
Should be punished for several crimes. Accordingly, the above judgment was made in accordance with the relevant provisions of the Criminal Law of People's Republic of China (PRC).
References:
Wen county Public Security Bureau Network-Criminal Law
References:
China Court Network-Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases of Fraud
References:
China Court Network-A man was sentenced for lying about financial investment fraud of more than one million.
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