Does stock sharing constitute a crime of fraud and will it be sentenced?

Personal stock sharing does not constitute fraud if there is no other fraud.

Legal basis:

Article 266 of the Criminal Law of People's Republic of China (PRC) stipulates that the crime of fraud refers to the act of fabricating facts or concealing the truth for the purpose of illegal possession, and defrauding a large amount of public or private property. The object of the crime of fraud is not to defraud other illegal interests. Loans from financial institutions should also be excluded.

Because this law specifically stipulates the crime of loan fraud in article 193.

Extended data:

Penalties for fraud:

1. Whoever commits this crime 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 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;

3. 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.

judicial explanation/interpretation

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 (implemented on April 8, 20 1 1):

Those who defraud public or private property in an amount of more than 3,000 yuan to 10,000 yuan, more than 30,000 yuan to more than 100,000 yuan and more than 500,000 yuan are respectively deemed as "a large amount" and "a huge amount" and "a particularly huge amount" as stipulated in Article 266 of the Criminal Law.

Whoever defrauds public or private property to reach the above-mentioned amount standard, under any of the following circumstances, may be given a heavier punishment as appropriate in accordance with the provisions of Article 266 of the Criminal Law:

(1) Sending short messages, making phone calls or publishing false information through the Internet, radio and television, newspapers and magazines, etc. , fraud is not specific to most people;

(2) defrauding disaster relief, emergency rescue, flood control, special care, poverty alleviation, immigration, relief and medical funds and materials;

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 "extremely huge amount", and it falls under one of the circumstances specified in the preceding paragraph or belongs to the ringleader of a fraud group, it shall be deemed as "other serious circumstances" and "other particularly serious circumstances" as stipulated in Article 266 of the Criminal Law respectively.

Baidu Encyclopedia-People's Republic of China (PRC) Criminal Law