What is the sentencing standard for internet fraud in 2022?

A, network fraud crime sentencing standards are how? 1, "Chinese People's *** and State Criminal Law" Article 266: "Fraudulent public or private property, the amount of larger, shall be sentenced to less than three years of fixed-term imprisonment, detention or control, and or a single fine; the amount of huge or other serious circumstances, shall be sentenced to more than three years of ten years of fixed-term imprisonment, and shall be punished with a fine; the amount of particularly huge or other particularly serious circumstances, shall be sentenced to more than ten years of fixed-term imprisonment or life imprisonment, and shall be punished with a fine or confiscation of property. The amount is particularly large or there are other particularly serious circumstances, shall be sentenced to ten years or more of fixed-term imprisonment or life imprisonment, and shall be punished by a fine or confiscation of property. Where this Law provides otherwise, it shall do so in accordance with the provisions." 2. The current Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of the Law in Fraud Cases adds to the sentencing standards for the crime of fraud: if an individual defrauds a public or private entity of more than 2,000 yuan, the amount is "greater"; if an individual defrauds a public or private entity of more than 30,000 yuan, the amount is "enormous". Huge". Individual fraud of public and private property more than 200,000 yuan, is fraud "amount is particularly large". Second, the judicial interpretation of the supreme people's court, the supreme people's procuratorate on the handling of criminal cases of fraud specific application of the law on a number of issues of the interpretation of the provisions of: fraudulent public and private property valued at more than 3,000 yuan to more than 10,000 yuan, 30,000 yuan to more than 100,000 yuan, more than 500,000 yuan, shall be recognized as criminal law article 266 stipulates that the "amount of large", "amount of large", "amount of large", "amount of large", "amount of large", "amount of large". The amount shall be recognized as "a large amount", "a huge amount" or "a particularly huge amount" as stipulated in Article 266 of the Criminal Law respectively. If the above amounts are reached and the following circumstances exist, the punishment shall be more severe, as appropriate: (1) committing fraud on an unspecified majority of people by sending text messages, making phone calls, or using the Internet, radio and television, newspapers and magazines to disseminate false information; (2) defrauding of money and materials for disaster relief, emergency relief, flood control, preferential treatment, poverty alleviation, immigration, relief, and medical care; (3) committing fraud in the name of disaster relief and fundraising; (4) defrauding of people with disabilities, the elderly, or people who are incapable of working; (5) defrauding of people with disabilities, the elderly, or people who are unable to work. Disabled persons, the elderly or people with no working ability of property; (e) causing the victim to commit suicide, mental disorder or other serious consequences. If the standard of "larger amount" has been reached, but one of the following circumstances exists, and the perpetrator admits guilt and repents of the crime, the perpetrator may not be prosecuted or exempted from criminal punishment in accordance with the provisions of Article 37 of the Criminal Law and Article 142 of the Code of Criminal Procedure: (1) having the legal circumstances of leniency; (2) having all the stolen goods and compensation refunded prior to the first instance judgment; (3) not participating in the distribution of the stolen goods; (4) not participating in the distribution of the stolen goods; (5) causing the victim to commit suicide, mental disorder or other serious consequences. (iii) not involved in the distribution of stolen goods or less stolen goods and is not the main offender; (iv) the understanding of the victim; (v) other minor circumstances, harm is not great. Fraudulent property of close relatives, close relatives understanding, generally may not be treated as a crime. Fraud of close relatives of the property, there is a need to pursue criminal liability, the specific treatment should also be discretionary leniency. Fraud amount is particularly large is recognized as a fraud crime "particularly serious circumstances" of an important element, but not the only plot. Fraud sentencing standards of aggravating circumstances: the amount of fraud in more than 100,000 yuan, but also one of the following circumstances, should also be recognized as "particularly serious circumstances": (1) the primary elements of the fraud group or *** with the main perpetrator of fraud crimes with serious circumstances; (2) recidivists or roving crimes of serious harm; (3) the fraud Legal persons, other organizations or individuals in urgent need of means of production, seriously affecting production or causing other serious losses; (4) fraudulent disaster relief, rescue, flood control, preferential treatment, relief, medical payments, resulting in serious consequences; (5) squandering fraudulent property, resulting in the fraudulent property can not be returned; (6) the use of fraudulent property to carry out illegal and criminal activities; (7) has been subjected to criminal penalties for fraud; ( (8) causing the victim's death, mental disorder or other serious consequences; (9) having other serious circumstances. Unit guilty of fraud sentencing standards: The unit directly responsible for the competent personnel and other directly responsible personnel in the name of the unit to commit fraud, the proceeds of fraud to the unit, the amount of 50,000 to 100,000 yuan or more, shall be sentenced to less than five years of fixed-term imprisonment, detention, or control; the amount of 200,000 to 300,000 yuan or more, shall be sentenced to more than ten years of fixed-term imprisonment or life imprisonment, and may be sentenced to confiscation of property. *** with the crime of fraud sentencing standards: *** with the crime of fraud, the amount of the perpetrator shall be determined by the amount of the perpetrator to participate in *** with the amount of fraud, and combined with the perpetrator in the *** with the crime of the status, role and the amount of illegal gains, and other circumstances in accordance with the law to be punished. Sentencing Standards for Fraud (Attempt): Attempted fraud shall be punished by conviction if the attempted fraud is aimed at a huge amount of property, or if there are other serious circumstances. If a fraud is committed against an unspecified majority of people by using technical means of telecommunications such as sending text messages, making telephone calls, or using the Internet, and the amount of the fraud is difficult to prove, but one of the following circumstances exists, it shall be deemed to be one of the "Other Serious Circumstances" stipulated in Article 266 of the Criminal Law, and shall be convicted and punished as Fraud (Attempted): (a) sending 5,000 fraudulent messages (a) Sending more than five thousand fraudulent messages; (b) Making more than five hundred fraudulent telephone calls; (c) Committing fraud by bad means and causing serious harm. Commitment of the acts specified in the preceding paragraph, the quantity reaches more than ten times the standard specified in the preceding paragraph (a), (b), or the fraudulent means is particularly bad, the harm is particularly serious, shall be recognized as Article 266 of the Criminal Law, "other particularly serious circumstances", to the crime of fraud (attempted) convictions and penalties. Where there is both an attempt and an attempt to commit fraud, and where different sentencing ranges are reached, the person shall be punished in accordance with the provisions of the heavier penalty; where the same sentencing range is reached, the person shall be punished for the attempt to commit fraud. Amendment (VII) to the Criminal Law added the sentencing standards for the crime of fraud: organizing minors to engage in theft, fraud, robbery, extortion and other activities in violation of public security management, shall be sentenced to fixed-term imprisonment of not more than three years or detention, and shall be fined; if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years, and shall be fined. Amount of fraud sentencing standards: For multiple frauds, and the subsequent fraudulent property returned to the previous fraudulent property, when calculating the amount of fraud, the amount that has been returned before the crime shall be deducted, and the amount that has not been returned shall be determined according to the actual amount of the fraud, and the amount of multiple frauds can be taken into account as an aggravating circumstance in determining the sentence. Where a perpetrator commits criminal fraud and the property and its proceeds are seized or frozen in the case after the crime is committed, they shall be returned to the victim if the ownership is clear; where the ownership is unclear, they may be returned to the victim in proportion to the amount of money the victim has been defrauded of as a percentage of the total amount of the property and its proceeds that was seized or frozen; where it can be ascertained that the property and its proceeds that was seized or frozen in the case does not belong to the victim who has already been identified, but cannot be returned, the victim shall be sent the money that was not identified, but shall not be returned to the victim. If the victim has not been identified, it shall be surrendered to the State Treasury in accordance with the law. The perpetrator of the fraudulent property has been used to return personal arrears, payments or other economic activities, if the other party is aware of the fraudulent property and collect, is a malicious acquisition, shall be recovered; if it is indeed a bona fide acquisition, it is no longer recovered. Research Office of the Supreme People's Court on the Shen Fuqiang fraud case how to determine the amount of fraud telephone reply: that is, in the specific determination of the amount of fraud, should be recovered before the crime has been deducted from the amount of fraud, according to the final amount of the actual proceeds of fraud. But in the penalty, for this case should be done as an aggravating circumstance to be considered.