Internet mine fraud filing standards

Legal analysis: Generally speaking, if an individual defrauds public or private property of more than 3,000 yuan, the amount is relatively large, while if an individual defrauds public or private property of more than 30,000 yuan, the amount is huge. If an individual defrauds public or private property of more than 200,000 yuan, the amount of fraud is particularly huge. The extremely huge amount of fraud is an important factor in determining that the circumstances of a fraud crime are particularly serious, but it is not the only factor. If the amount of fraud is more than 100,000 yuan and one of the following circumstances occurs, the circumstances shall also be deemed to be particularly serious: (1) The ringleader of a fraud group or the principal culprit in a serious fraud crime;

< p>(2) Those who are repeat offenders or who commit crimes frequently and cause serious harm;

(3) Those who defraud legal persons, other organizations or individuals of urgently needed production materials, seriously affecting production or causing other serious losses;

< p>(4) Fraud on disaster relief, emergency rescue, flood prevention, special care, relief, and medical care, causing serious consequences;

(5) Squandering the fraudulent property, making it impossible to return the fraudulent property;

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(6) Using fraudulent property to carry out illegal and criminal activities;

(7) Having been criminally punished for fraud;

(8) Causing the death of the victim , mental disorder or other serious consequences;

(9) There are other serious circumstances.

The amount is relatively small, less than 2,000 yuan, and does not constitute a crime of fraud. However, if it violates social security, according to the "Public Security Administration Punishment Law", the person will be detained for five to fifteen days, and may be concurrently sentenced to one day. A fine of less than 1,000 yuan is imposed.

Legal basis: "Interpretations of the Supreme People's Court and the Supreme People's Procuratorate of the People's Republic of China on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases of Fraud"

Article 1 Fraud on public and private persons 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 "relatively large amount" or "huge amount" as stipulated in Article 266 of the Criminal Law respectively. ”, “The amount is extremely huge”.

The higher people's courts and people's procuratorates of each province, autonomous region, and municipality directly under the Central Government may, based on the economic and social development conditions of the region, jointly study and determine the specific amount standard for implementation in the region within the amount range specified in the preceding paragraph. Report to the Supreme People's Court and the Supreme People's Procuratorate for filing.

Article 2 If the amount of defrauding public or private property reaches the amount standard stipulated in Article 1 of this Interpretation, and any of the following circumstances occurs, he may be severely punished as appropriate in accordance with the provisions of Article 266 of the Criminal Law:

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(1) To defraud an unspecified majority of people by sending text messages, making phone calls, or using the Internet, radio and television, newspapers, magazines, etc. to publish false information;

(2) Fraud for disaster relief, Emergency rescue, flood prevention, special care, poverty alleviation, immigration, relief, and medical supplies;

(3) Fraud in the name of raising funds for disaster relief;

(4) Fraudulent persons with disabilities and the elderly property of a person or a person who has lost the ability to work;

(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 in Article 1 of this Interpretation, and falls under one of the circumstances specified in the preceding paragraph or is the leading member of a fraud group, it shall be determined separately. It is "other serious circumstances" and "other particularly serious circumstances" stipulated in Article 266 of the Criminal Law.