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Will fraudulent SMS be sentenced?
The answer to whether fraud will be sentenced is as follows; The standards for filing fraud vary from 3000 yuan to 10000 yuan in different provinces and cities. If it fails to meet the standards for filing fraud, it can be handled as a public security case. Legal basis: 1. According to the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Fraud (20 1 1, which will take effect on April 8), if the amount of fraudulent public or private property is more than 3,000 yuan to 1 10,000 yuan, more than 30,000 yuan to100,000 yuan or 500,000 yuan, Those who are deemed to have defrauded public or private property in a "large amount" as stipulated in Article can be given a heavier punishment according to the provisions of Article 266 of the Criminal Law: (1) defrauding an unspecified majority of people by sending short messages, making phone calls or publishing false information through the Internet, radio and television, newspapers and magazines; (2) defrauding disaster relief, emergency rescue, flood control, special care, poverty alleviation, immigration, relief and medical funds and materials; (three) fraud in the name of disaster relief fund-raising; (four) defrauding the disabled, the elderly or the disabled; (5) Causing the victim to commit suicide, mental disorder or other serious consequences. If the amount of fraud is close to the above-mentioned standards of "huge amount" and "especially huge amount", and it belongs to one of the circumstances specified in the preceding paragraph or belongs to the ringleader of a fraud group, it shall be recognized as "other serious circumstances" and "other particularly serious circumstances" as stipulated in Article 266 of the Criminal Law respectively. Article 266 of the Criminal Law Whoever commits fraud to defraud 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, 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.
Legal objectivity:
Article 42 of the People's Republic of China (PRC) Public Security Administration Punishment Law shall be detained for less than five days or fined less than five hundred yuan for any of the following acts; If the circumstances are serious, he 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: (1) writing threatening letters or threatening the personal safety of others by other means; (2) publicly insulting others or fabricating facts to slander others; (six) voyeurism, sneak shots, eavesdropping, spreading the privacy of others. Article 246 of the Criminal Law of People's Republic of China (PRC) publicly insults others or fabricates facts to slander others by violence or other means, if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights. The crimes mentioned in the preceding paragraph shall be dealt with only if they are told, except those that seriously endanger social order and national interests. If the victim informs the people's court of the acts specified in the first paragraph through the information network, but it is really difficult to provide evidence, the people's court may request the public security organ to provide assistance.
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