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What is the sentencing standard for surrendering 1 million yuan for fraud?
1. Article 266 of the "Criminal Law of the People's Republic of China": "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 surveillance, and shall also or solely 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 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 shall also be fined or confiscation Property. If otherwise provided in this law, the provisions shall prevail." 2. The "Interpretations of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in the Handling of Criminal Cases of Fraud" stipulate that the value of public or private property is between 3,000 yuan and more than 10,000 yuan. , 30,000 yuan to more than 100,000 yuan, or more than 500,000 yuan, shall be deemed as "relatively large amount", "huge amount" and "especially huge amount" as stipulated in Article 266 of the Criminal Law. Anyone who reaches the above amount and has the following circumstances shall be severely punished as appropriate: (1) By sending text messages, making phone calls, or using the Internet, radio and television, newspapers, magazines, etc. to publish false information to defraud an unspecified majority of people; (2) Defrauding funds and materials for disaster relief, emergency rescue, flood prevention, special care, poverty alleviation, immigration, relief, and medical care; (3) Committing fraud in the name of raising funds for disaster relief; (4) Defrauding the property of disabled people, the elderly, or people who have lost the ability to work; ( 5) Causing suicide, mental disorder or other serious consequences to the victim. If the "large amount" standard has been reached, but one of the following circumstances occurs, and the perpetrator pleads guilty and repentes, he may not be prosecuted or be exempted from criminal punishment in accordance with the provisions of Article 37 of the Criminal Law and the Criminal Procedure Law: (1) There are statutory lenient punishment circumstances; (2) All stolen goods and compensation are returned before the first instance judgment is pronounced; (3) Those who did not participate in the division of the stolen goods or received less stolen goods and are not the principal culprit; (4) The victim understands; (5) Other circumstances are minor , little harm. Defrauding close relatives of their property, if the close relatives forgive, is generally not treated as a crime. It is indeed necessary to pursue criminal liability for defrauding close relatives of their property, and the specific handling should be lenient as appropriate.
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