According to Article 266 of the Criminal Law of People's Republic of China (PRC), 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 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.
According to Article 49 of People's Republic of China (PRC) Public Security Administration Punishment Law? Theft, fraud, looting, looting, extortion or intentional damage to public or private property shall be detained for more than 5 days 10 days, and a fine of less than 500 yuan may be imposed; If the circumstances are serious, he shall be detained for more than 10 and less than 15, and may also be fined less than 1000 yuan.
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Case: Three young men were sentenced for posing as women for "online dating" fraud.
65438+February 1 day, the People's Court of ouhai district, Wenzhou City, Zhejiang Province held a trial and sentenced a fraud case. Three defendants pretended to be women and chatted with male netizens, and sent beautiful women to trick the victims into shopping in bars, clothing stores, mobile phone stores and other places, and were sentenced according to law.
From April to May this year, three "post-95" boys, Liu, Sheng Moujia and Sheng Mouyi, successively found a job as a keyboard player in online chat, with Liu as the team leader. They pretend to be unmarried women, add male netizens through WeChat and QQ according to the words provided above, and chat and make friends in the name of making friends and falling in love.
They have several female colleagues who are responsible for "taking orders", using photos of female order takers or letting order takers video each other during the chat.
If the chat goes well, they will confirm the "love relationship" or even "talk about marriage" with the male netizens, and then they will meet each other, and the female order taker will be in charge, usually two order takers will be dispatched together. It is said that this kind of "good cooperation", one person is in charge of love, and the other person takes the opportunity to advocate the victim to buy gifts for his "girlfriend" and family.
Dating places are often in nearby bars, where candied melon seeds and the like are not particularly expensive, but red wine is particularly "high-end". According to the introduction of the public prosecution agency, this bar was specially opened by Fu Mou (handled separately), the leader of the fraud gang. The price of red wine with a purchase price of 40 to 50 yuan ranges from several hundred yuan to thousands of yuan.
Pay the contribution to provide computers, pay rent and living expenses in advance. In this way, people can recruit chatters and order takers, and provide them with "speech skills", so that they can chat online to trick victims into spending a lot of money in their own bars in the name of falling in love, and also let victims spend money in clothing stores opened by gang members or mobile phone stores contacted in advance.
Afterwards, wine, mobile phones, clothes, etc. It will be returned to the store by a special person, and the proceeds will be distributed by the chat staff, the order taker, the team leader, the shareholders and others according to the proportion agreed in advance.
Liu, Sheng A and Sheng B are just one of the three groups that paid for the next den, and * * * defrauded more than 59,000 yuan.
After trial, the court held that Liu, Sheng Moujia and Sheng Mouyi, for the purpose of illegal possession, conspired with others to defraud others' property by concealing the truth and fictional facts, and sentenced Liu to three years and two months in prison for fraud according to law, and fined him 30,000 yuan.
Sentenced Sheng Moujia to two years in prison and fined 20,000 yuan; Sheng Mouyi was sentenced to nine months in prison, fined 8,000 yuan and ordered to refund the stolen money.
People's Daily Online-Three young men were sentenced for impersonating women for "online dating" fraud.