Is online fraud illegal?

Internet fraud is illegal, and the amount is not large, which does not constitute fraud, but it can be punished by public security. Suspected of online fraud, with 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.

Legal analysis

As long as it is online fraud, it is illegal. 2000-5000 yuan, reaching the standard of fraud. The amount is small, not reaching 2000 yuan, which does not constitute fraud, but it violates social security. According to the provisions of the Law on Public Security Administration Punishment, a person shall be detained for 5 ~ 15 days, and may also be fined up to 1000 yuan. However, if the accumulated amount of fraud exceeds 2,000-5,000, criminal responsibility for the crime of fraud may be investigated. 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. Objectively speaking, this crime is manifested in the use of fraudulent methods (fictional facts or methods of concealing the truth) to defraud a large amount of public and private property. 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 has direct intention and the purpose of illegal possession of public and private property.

legal ground

Article 49 of the Law of People's Republic of China (PRC) on Public Security Administration Punishment: Anyone who steals, swindles, plunders, robs, extorts or intentionally damages public or private property shall be detained for not less than five days but not more than ten days, and may also be fined not more than 500 yuan; If the circumstances are serious, they shall be detained for not less than 10 days but not more than 15 days, and may also be fined not more than 1,000 yuan.

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