Is it illegal to send MMS fraud?

The penalties for fraud are as follows:

1. Whoever commits fraud 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;

2. If the amount of crime reaches a huge standard or the circumstances are serious, it shall be sentenced to 3- 10 years in prison and fined;

3. If the amount of crime reaches a particularly huge standard or the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of 10 or life imprisonment, and shall also be fined or confiscated.

Qualitative conditions of fraud:

1, object elements, the object of infringement is the ownership of public and private property;

2. objective factors. Objectively, it is manifested in the use of fraud to defraud a large amount of public and private property;

3. Subject elements: the subject is a 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;

4. Subjective factors. Subjectively, it is direct and intentional, with the purpose of illegally occupying public and private property.

To sum up, if the borrower subjectively has the purpose of illegally occupying the lender's property, that is, he has the intention of not paying back the loan; Using fictional facts and concealing the truth will lead the lender to believe that it has the ability to repay and lend money to the borrower, which will constitute the crime of fraud. Those who constitute fraud will be punished by public security, and those who commit a large amount of fraud will also be investigated for criminal responsibility.

Legal basis:

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

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 shall 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.

Article 124

For those who cheat 40,000 yuan, the benchmark punishment is three years' imprisonment, and each additional 2,000 yuan is increased by one month's imprisonment.

Article 125

For those who swindle 200,000 yuan, the benchmark penalty is 10 years' imprisonment, and for every additional 4,000 yuan, the sentence will be increased by one month.