Will fraud 1.2 million be sentenced? How many years will you be sentenced to? How many years will you be sentenced to?

Fraud120,000 yuan will be sentenced, and the amount is huge, suspected of fraud. The public security organ shall file a case for investigation and punish the criminal suspect with fixed-term imprisonment of not less than three years but not more than ten years. Where there are other provisions in the law, those provisions shall prevail.

Legal analysis

Fraud120,000 will be sentenced, generally sentenced to fixed-term imprisonment of more than three years and less than ten years. The object of this crime is the ownership of public and private property. Some criminal activities, although they also use some deception and even pursue some illegal economic interests, are not or are not limited to the ownership of public and private property. Fraud makes the other party have a wrong understanding, which is caused by the fraud of the actor; Even if the other party has some misjudgments, it does not prevent the fraud from being established. Between fraud and the disposition of property by the other party, it is necessary to introduce the misunderstanding of the other party; If the other party disposes of the property due to fraud without misunderstanding, it is not a crime of fraud. As long as the fraudulent party asks for the person who has the authority or status to dispose of the property, he should not ask for the owner or possessor of the property. By providing false statements and false evidence to file a civil lawsuit, the actor makes the court make a judgment in favor of himself, thus obtaining property, which is called litigation fraud and constitutes the crime of fraud. The crime of fraud requires the victim to dispose of property after falling into a wrong understanding, including disposition behavior and disposition consciousness. This requirement is to distinguish fraud from theft. Disposing of property is manifested as direct delivery of property, or commitment of the actor to obtain property, or commitment to transfer property interests. If the perpetrator commits fraud and makes others give up their property, and the perpetrator picks up the property, he should also be punished as fraud. The subject of this crime is the general subject, and any natural person who has reached the legal age of criminal responsibility and has the ability of criminal responsibility can constitute this crime. Subjectively, this crime is direct and intentional, with the purpose of illegal possession of public and private property.

legal ground

Article 266 of the Criminal Law of People's Republic of China (PRC) 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.