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Fraud of 2,000 yuan constitutes the crime of insurance fraud.
The crime of insurance fraud refers to the act of fraudulently obtaining insurance money from insurance companies for the purpose of illegally obtaining insurance money, violating insurance laws and regulations, using methods such as fictitious insurance objects, insurance accidents, or creating insurance accidents, to defraud insurance companies of relatively large amounts.
Article 198:In any of the following circumstances, where insurance fraud is carried out, and the amount is relatively large, a sentence of up to five years imprisonment or short-term detention is to be given, and a concurrent fine of between 10,000 and 100,000 RMB is to be given; where the amount is huge or there are other serious circumstances, a sentence of between 5 and 10 years imprisonment and a concurrent fine of between 20,000 and 200,000 RMB is to be given; where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment is to be given, and a concurrent fine of between 20,000 and 200,000 RMB or confiscation of property is to be given.
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Fraud of 2,000 yuan constitutes the crime of insurance fraud.
1. Definitions. It refers to the act of fraudulently obtaining insurance money from insurance companies for the purpose of illegally obtaining insurance money, violating insurance laws and regulations, using methods such as fictitious insurance objects, insurance accidents, or creating insurance accidents, and the amount is relatively large.
2. Legal Provisions.
Article 198:In any of the following circumstances, where insurance fraud is carried out, and the amount is relatively large, a sentence of up to five years imprisonment or short-term detention is to be given, and a concurrent fine of between 10,000 and 100,000 RMB is to be given; where the amount is huge or there are other serious circumstances, a sentence of between 5 and 10 years imprisonment and a concurrent fine of between 20,000 and 200,000 RMB is to be given; where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment is to be given, and a concurrent fine of between 20,000 and 200,000 RMB or confiscation of property is to be given: (1) The insured deliberately fabricates the subject matter of insurance and defrauds the insurance money; (2) The policyholder, the insured or the beneficiary fabricates false reasons for the occurrence of the insured accident or exaggerates the extent of the loss, thereby defrauding the insurance money; (3) The policyholder, the insured or the beneficiary fabricates an insurance accident that has not occurred to defraud the insurance money; (4) The insured or the insured intentionally causes an insurance accident of property damage and defrauds the insurance money; (5) The policyholder or beneficiary intentionally causes the death, disability or illness of the insured and defrauds the insurance money. Where the conduct listed in items (4) and (5) of the preceding paragraph concurrently constitutes other crimes, punishment is to be given in accordance with the provisions on combined punishment for multiple crimes.
Where a unit commits the crime in the first paragraph, the unit is to be fined, and the directly responsible managers and other directly responsible personnel are to be sentenced to up to five years imprisonment or short-term detention; where the amount is huge or there are other serious circumstances, a sentence of between 5 and 10 years imprisonment is to be given; where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment is to be given. Where an appraiser, certifier, or property appraiser of an insured accident intentionally provides false supporting documents to provide conditions for others to defraud, it is to be punished as an accomplice to insurance fraud.
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Defrauding the insurance of 2,000 yuan does not meet the standard of criminal prosecution, and will not be sentenced.
If the amount involved in fraud reaches 3,000 yuan to 10,000 yuan or more (different provinces and provinces, but the starting point for telecommunications fraud is 3,000 yuan) or the circumstances are serious, they will be investigated for criminal responsibility in accordance with the law.
Legal link: Article 266 of the Criminal Law: Where public or private property is defrauded, and the amount is relatively large, a sentence of up to three years imprisonment, short-term detention or controlled release is to be given, and/or a fine; where the amount is huge or there are other serious circumstances, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given; where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment or indefinite imprisonment is to be given, and a concurrent fine or confiscation of property. Where this Law provides otherwise, follow those provisions.
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15 days of public security detention and a fine.
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According to the effective law, defrauding 5,000 yuan is a situation where the amount is relatively large, and it will generally be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and Hengyou will be fined not less than 10,000 yuan but not more than 100,000 yuan. Insurance fraud refers to the situation where the perpetrator deliberately carries out insurance fraud activities.
Criminal Law of the People's Republic of China
Article 198.
where insurance fraud is carried out, and the amount is relatively large, a sentence of up to five years imprisonment or short-term detention is to be given, and a concurrent fine of between 10,000 and 100,000 RMB is to be given;
where the amount is huge or there are other serious circumstances, a sentence of between 5 and 10 years imprisonment and a concurrent fine of between 20,000 and 200,000 RMB is to be given;
where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment is to be given, and a concurrent fine of between 20,000 and 200,000 RMB or confiscation of property is to be given.
Refer to Article 198 [Definition and Sentencing of the Crime of Insurance Fraud]. >>>More
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