How many years in prison can you get if you defraud 300,000 yuan and refund the money?

Legal analysis: Fraud of 300,000 yuan is a huge amount of fraud. According to the provisions of Article 266 of the Criminal Law, the person shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined.

For those who return stolen goods or compensate for the crime, the base penalty may be reduced based on comprehensive consideration of the nature of the crime, the extent to which the return of stolen goods or compensation can compensate for the damage, the amount of the stolen goods or compensation, and the degree of initiative. 30 or below; crimes that seriously endanger social security such as robbery should be strictly controlled.

Anyone who defrauds public or private 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 stipulated in Article 266 of the Criminal Law respectively. "A relatively large amount", "A huge amount", "A particularly huge amount".

Anyone who defrauds public or private property reaching the above amount and falls under any of the following circumstances may be severely punished as appropriate in accordance with the provisions of Article 266 of the Criminal Law:

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

(2) Fraud in disaster relief, emergency rescue, flood prevention, special care, poverty alleviation, and immigration , relief, medical funds and materials;

(3) Committing fraud in the name of raising donations for disaster relief;

(4) Fraudulently defrauding disabled people, the elderly or people who have lost the ability to work from their property ;

(5) Causing the victim to commit suicide, become insane or have other serious consequences.

Sentencing provisions for the crime of fraud:

1. If the crime of fraud is constituted, the starting point for sentencing shall be determined within the corresponding range according to the following circumstances:

(1) Reach If the amount is relatively large, the starting point for sentencing shall be determined within the range of fixed-term imprisonment or criminal detention of less than one year.

(2) If the amount reaches the starting point of huge amount or there are other serious circumstances, the sentencing starting point shall be determined within the range of three to four years’ imprisonment.

(3) If the amount reaches the starting point of a particularly huge amount or there are other particularly serious circumstances, the sentencing starting point shall be determined within the range of ten to twelve years of fixed-term imprisonment. Except for those who should be sentenced to life imprisonment according to law.

2. On the basis of the starting point for sentencing, increase the amount of punishment and determine the base sentence based on the amount of fraud and other criminal facts that affect the composition of the crime.

3. If the crime of fraud is constituted, the amount of the fine shall be determined based on the amount, means, harmful consequences and other criminal circumstances of the fraud, as well as the defendant's ability to pay the fine.

4. If the crime of fraud is constituted, comprehensive consideration shall be given to the cause, means, amount, harmful consequences, return of stolen goods and compensation and other criminal facts, sentencing circumstances, as well as the defendant's subjective malignancy, personal danger, guilty plea and repentance. Performance and other factors determine the application of probation. For those who commit telecommunications network fraud, the application of suspended sentences shall be strictly controlled.

Legal basis:

Article 266 of the "Criminal Law", whoever defrauds public or private property, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also be fined. Or a fine alone; 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 a fine; if the amount is particularly huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment and concurrently Penalty or confiscation of property. If this law provides otherwise, the provisions shall prevail.

In short, anyone who defrauds 300,000 yuan shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined. However, those who actively return stolen goods may be given a lighter or reduced punishment.