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Standard for filing unemployment insurance fraud cases
Cheating social security funds is a crime of fraud. The standards for filing fraud vary from 3000 yuan to 10000 yuan in different provinces and cities. If it fails to meet the standards for filing fraud, it can be handled as a public security case. NPC Standing Committee's interpretation of Article 266 of the Criminal Law of People's Republic of China (PRC): defrauding social insurance benefits such as pension, medical care, work injury, unemployment and maternity or other social security benefits by fraud, forgery of certification materials or other means belongs to the act of defrauding public and private property as stipulated in Article 266 of the Criminal Law.
Legal objectivity:
Article 198, paragraph 1, of the Criminal Law commits insurance fraud under any of the following circumstances, and if the amount is relatively large, it shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than 10,000 yuan but not more than 100,000 yuan; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan; If the amount is especially huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years, and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan or his property shall be confiscated: (1) The applicant intentionally fabricates the subject matter of insurance to defraud the insurance money; (2) The applicant, the insured or the beneficiary fabricates false reasons or exaggerates the loss of the insured accident to defraud the insurance money. (3) The applicant, the insured or the beneficiary fabricates an insurance accident that has never happened to defraud the insurance money; (4) The applicant or the insured intentionally causes an insurance accident that causes property losses and defrauds the insurance money; (5) The applicant or beneficiary intentionally causes the death, disability or illness of the insured to defraud the insurance money.
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