According to the Supreme Law 20 10 "Guiding Opinions of People's Courts on Sentencing (Trial)":
Article 123 The sentence shall be fixed-term imprisonment of not more than three years, criminal detention, public surveillance or a single fine.
1. If the amount of fraud is less than 4,000 yuan, the benchmark punishment shall be a fine; From 4,000 yuan to 5,000 yuan, the benchmark punishment is public surveillance; 5,000 yuan, the benchmark punishment is three months of criminal detention, and the sentence is increased by one month for every increase of 1 670 yuan; If it is 1000 yuan, the benchmark punishment is six months' imprisonment, and for every increase of 1000 yuan, the imprisonment will be increased by one month;
2. Under any of the circumstances stipulated in Article 126, if it is planned to be sentenced to criminal detention, it will be upgraded to fixed-term imprisonment; If it is planned to impose control or fines, it will be upgraded to criminal detention;
(3) Fraud of 3,000 yuan is a recidivist, and the benchmark punishment is six months' imprisonment, with one month's imprisonment for every increase of 1230 yuan.
Article 124 Whoever cheats for a fixed-term imprisonment of not less than three years but not more than 10 years of 40,000 yuan shall be sentenced to fixed-term imprisonment of not more than three years, and the term of imprisonment shall be increased by one month for every additional 2,000 yuan.
Article 125 Whoever defrauds a fixed-term imprisonment of not less than 10 years but not less than 200,000 yuan shall be sentenced to 10 years' fixed-term imprisonment, and one month's fixed-term imprisonment shall be increased for every 4,000 yuan.
Article 126 In any of the following circumstances, the liquidated damages shall be 10%:
1. The ringleader of a fraud group or the principal of a major fraud crime;
2 recidivism or fugitive crime, causing serious harm;
(3) defrauding a legal person, other organization or individual of the means of production urgently needed, which seriously affects production or causes other serious losses;
(four) defrauding disaster relief, emergency rescue, flood control, special care, relief, medical care and other funds and materials, resulting in serious consequences;
5. Spending fraudulent property, which makes it impossible to return fraudulent property;
(six) the use of fraudulent property for illegal and criminal activities;
Causing the victim's death, mental disorder or other serious consequences;
8. The defendant was sentenced for a crime or given an administrative punishment for fraud;
9. Commit fraud 10 times or more.
127th probation is applicable, but it is not applicable under any of the following circumstances:
Failing to return stolen goods or compensation;
Failing to take the initiative to accept property punishment as required;
3. Under any of the circumstances specified in Article 126.