Joke Collection Website - Public benefit messages - What should I do if I am cheated by Xiamen Taimang and cheated of the joining fee?
What should I do if I am cheated by Xiamen Taimang and cheated of the joining fee?
First, the basic concept of fraud:
Fraud refers to the act of defrauding a large amount of public or private property by fabricating facts or concealing the truth for the purpose of illegal possession. It is one of the important crimes against property stipulated in Chapter V of the Specific Provisions of Criminal Law. Compared with the crime of special fraud, it belongs to the crime of ordinary fraud.
The crime of fraud refers to the act of defrauding a large amount of public and private property by means of fictional facts or concealing the truth for the purpose of illegal possession. It is generally believed that the basic structure of this crime is: the actor commits fraud for the purpose of illegal possession → the victim has a wrong understanding → the victim disposes of the property based on the wrong understanding → the actor obtains the property → the victim suffers property losses.
Second, the filing standard:
1. General fraud: General fraud is the same as theft. For fund-raising fraud, loan fraud, bill fraud and other economic fraud, please refer to the provisions of the Supreme People's Procuratorate and the Ministry of Public Security on the standards for the prosecution of economic crime cases.
2. Fraud of public or private property:
Article 266 of the Criminal Law 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.
According to the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in the Trial of Fraud Cases, 1. Those who defraud public or private property in an amount of more than 3,000 yuan but less than 10,000 yuan, more than 30,000 yuan but less than 100,000 yuan and more than 500,000 yuan are respectively deemed as "large amount", "huge amount" and "especially huge amount" as stipulated in Article 266 of the Criminal Law.
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