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What are the legal consequences of cheating on social security?
Legal basis: When concluding an insurance contract in Article 16 of the Insurance Law of People's Republic of China (PRC), if the insurer makes an inquiry about the subject matter of insurance or the insured, the applicant shall truthfully inform it.
If the applicant fails to fulfill the obligation of truthful disclosure stipulated in the preceding paragraph intentionally or due to gross negligence, which is enough to affect the insurer's decision to agree to underwrite or increase the premium rate, the insurer has the right to terminate the contract.
If the right to terminate the contract stipulated in the preceding paragraph is not exercised for more than 30 days from the date when the insurer knows the reason for termination, it shall be extinguished. If more than two years have passed since the establishment of the contract, the insurer shall not terminate the contract; In the event of an insured accident, the insurer shall be liable for compensation or payment of insurance benefits.
If the applicant intentionally fails to fulfill the obligation of telling the truth, the insurer shall not be liable for compensation or payment of insurance premium for the insured accident that occurred before the termination of the contract, nor shall it refund the insurance premium.
If the insured fails to fulfill the obligation of telling the truth due to gross negligence, which has a serious impact on the occurrence of the insured accident, the insurer shall not be liable for compensation or payment of insurance benefits for the insured accident that occurred before the termination of the contract, but shall refund the insurance premium.
When concluding a contract, the insurer knows that the applicant has not truthfully informed it, and may not terminate the contract; In the event of an insured accident, the insurer shall be liable for compensation or payment of insurance benefits.
An insured accident refers to an accident within the scope of insurance liability stipulated in the insurance contract.
Article 198 of the Criminal Law of People's Republic of China (PRC) 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 especially 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 100,000 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.
Whoever commits the acts listed in Items 4 and 5 of the preceding paragraph, which constitutes other crimes, shall be punished in accordance with the provisions of combined punishment for several crimes.
If a unit commits the crime mentioned in the first paragraph, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; 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; 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.
If an expert witness or property expert of an insurance accident intentionally provides false documents to provide conditions for others to cheat, he shall be punished as an accomplice in the crime of insurance fraud.
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