What is the sentencing standard for telecom fraud?

First of all, the criminal law standards for filing telecom fraud.

Among them, the fraud crimes directly filed by the public security organs in the Regulations are nine types of fraud cases, such as fund-raising fraud, loan fraud, bill fraud, financial voucher fraud, letter of credit fraud, credit card fraud, securities fraud, insurance fraud and contract fraud. The specific provisions are as follows: "Article 49 [Fund-raising Fraud (Article 192 of the Criminal Law)] Anyone who illegally raises funds by fraudulent means for the purpose of illegal possession shall be put on file for prosecution under any of the following circumstances:

(a) personal fund-raising fraud, the amount of more than one hundred thousand yuan; (two) unit fund-raising fraud, the amount of more than five hundred thousand yuan.

Article 50 [Loan Fraud (Article 193 of the Criminal Law)] Anyone who defrauds a bank or other financial institution of loans for the purpose of illegal possession, with an amount of more than 20,000 yuan, shall file a case for prosecution.

Article 51 Whoever commits financial bill fraud and is suspected of any of the following circumstances shall file a case for prosecution:

(1) An individual commits financial bill fraud with an amount of more than 10,000 yuan;

(2) The unit commits financial bill fraud, and the amount is more than100,000 yuan.

Article 52 [Financial Voucher Fraud (Paragraph 2 of Article 194 of the Criminal Law)] Anyone who uses forged or altered bank settlement vouchers, such as entrusted collection vouchers, remittance vouchers and bank deposit vouchers, is suspected of any of the following circumstances, and shall file a case for prosecution:

(a) individuals cheat financial vouchers, the amount is more than 1 ten thousand yuan;

(2) The unit commits financial voucher fraud, and the amount is more than100000 yuan.

Article 53 Whoever engages in letter of credit fraud and is suspected of any of the following circumstances shall file a case for prosecution:

(1) Using forged or altered letters of credit or accompanying documents and documents;

(2) Using an invalid letter of credit; (3) defrauding a letter of credit;

(4) fraudulent activities of letters of credit by other means.

Article 54 Whoever commits credit card fraud and is suspected of any of the following circumstances shall file a case for prosecution:

(1) Using forged credit cards, or using forged identity documents to defraud credit cards, or using invalid credit cards, or fraudulently using other people's credit cards to engage in fraudulent activities, with an amount of more than 5,000 yuan;

(2) Malicious overdraft, the amount of which is more than 1 10,000 yuan.

The term "malicious overdraft" as mentioned in this article refers to the behavior that the cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession, and has not returned it for more than three months after being repeatedly urged by the issuing bank.

Malicious overdraft, the amount of which is more than 1 10,000 yuan but less than110,000 yuan, has been fully repaid before the public security organ files a case. If the circumstances are obviously minor, criminal responsibility may not be investigated according to law.

Article 55 [Securities Fraud Case (Article 197 of the Criminal Law)] Anyone who uses forged or altered treasury bills or other securities issued by the state to engage in fraud activities with an amount of more than 10,000 yuan shall file a case for prosecution.

Article 56 Whoever engages in insurance fraud and is suspected of any of the following circumstances shall file a case for prosecution:

(a) individuals engaged in insurance fraud, the amount is more than 1 ten thousand yuan;

(two) the unit engaged in insurance fraud, the amount of more than fifty thousand yuan. "

"Article 77 [Contract Fraud (Article 224 of the Criminal Law)] Anyone who, for the purpose of illegal possession, defrauds the other party of property in the process of signing and performing a contract, and the amount is more than 20,000 yuan, shall file a case for prosecution."

Two, the judicial interpretation of the crime of fraud and prosecution standards

On the filing standard of the crime of fraud in Article 266 of the Criminal Law: As the crime of fraud is a crime of amount, the actor must reach the standard of "large amount" before he can defraud public or private property, which constitutes a crime of fraud and should be investigated.

1997 before the implementation of the new criminal law, the Supreme People's Court 1996+05438+08 promulgated the Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Fraud Cases (hereinafter referred to as the Judicial Interpretation), which defined the "large amount, huge amount and particularly huge" of personal fraud as "2000" respectively. Where the unit commits fraud, the amount of fraud is more than 50,000 yuan to 654.38+10,000 yuan, and the amount of fraud is more than 200,000 yuan to 300,000 yuan, respectively. Until April 8, 20 1 1 year, the sentencing standard for the crime of fraud determined by this judicial interpretation was replaced by the Interpretation on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Fraud (No.7 of the Law Interpretation [2065438+065438+0]) jointly promulgated by the Supreme Court and the Supreme Procuratorate. (hereinafter referred to as joint judicial interpretation) Since the implementation of 1997 criminal law, with the changes of economic and social situation, the criminal law has been revised several times in succession. At the same time, all kinds of new fraud activities are rampant, especially the number of fraud gang cases using telecommunications, the Internet and bank cards has surged. There are many victims involved in such cases, and the victims, criminals and crime tools may cross provinces, countries or even borders, which has a bad social impact. In order to adapt to the new situation, the Supreme Court and the Supreme Procuratorate issued the above-mentioned joint judicial interpretation.

Article 1 of the Joint Judicial Interpretation stipulates: "Those who defraud public or private property in an amount of more than 3,000 yuan but less than 10,000 yuan, more than 30,000 yuan but less than 100,000 yuan and less than 500,000 yuan shall be deemed as" a large amount ","a huge amount "and" a particularly huge amount "as stipulated in Article 266 of the Criminal Law respectively.

At the same time, the second paragraph stipulates that "the higher people's courts and people's procuratorates of all provinces, autonomous regions and municipalities directly under the Central Government may jointly study and determine the specific amount standards to be implemented in their respective regions within the scope of the amount specified in the preceding paragraph, and report them to the Supreme People's Court and the Supreme People's Procuratorate for the record."

The joint judicial interpretation also lists five cases of "heavier punishment as appropriate" according to law, including "deceiving the unspecified majority by sending short messages, making phone calls or publishing false information through the Internet, radio and television, newspapers and magazines".