Fraud has the following characteristics:
1. Subjectively, the actor is intentional and has the purpose of illegally occupying public or private property.
2. The perpetrator committed the crime of fraud. Whether the fraudulent property is squandered by oneself or transferred to a third person does not affect the establishment of this crime.
3. It is a crime to defraud public and private property with a large amount, and it is not a crime to defraud a small amount.
According to the provisions of the criminal law, those who commit fraud 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; 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. It is worth noting that criminal law or other laws have made specific provisions on some fraud crimes, such as financial fraud and contract fraud, and special provisions should be applied to these fraud crimes.
[New criminal law provisions]
Article 266 Whoever defrauds public or private property in a relatively large amount 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.
Individuals who defraud public or private property of more than 2,000 yuan belong to a "large amount"; Individuals who defraud public or private property of more than 30,000 yuan belong to a "huge amount".
Individuals who defraud public or private property of more than 200,000 yuan belong to a huge amount of fraud. The huge amount of fraud is an important part of fraud, but it is not the only plot. The amount of fraud is more than 654.38+10,000 yuan, and it should also be considered as "the circumstances are particularly serious" under any of the following circumstances.