Fictitious project, defrauded of 6,000 yuan, do you want to go to jail?

The act of fraudulently obtaining a deposit of 6,000 yuan for a fictitious project is a fraud and requires criminal liability.

The crime of fraud refers to the use of fictitious facts or methods to conceal the truth for the purpose of illegal possession to defraud a relatively large amount of public or private property.

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.

According to the "Supreme People's Court and Supreme People's Procuratorate Interpretation on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases of Fraud": Where public or private property is defrauded with a value of 3,000 to 10,000 RMB, 30,000 to 100,000 RMB, or 500,000 RMB, it shall be respectively found to be a "relatively large amount", "huge amount", or "especially huge amount" as provided for in article 266 of the Criminal Law.

Hello, suspected of fraud crime, you can call the police to deal with it.

To go to jail, the standard for filing a case has already been met.

Sentencing standards for contract fraud:

Reference point for the statutory base sentence of up to three years imprisonment, short-term detention, and a single fine] Where the amount is less than 5,000 RMB, a single fine; where 5,000 RMB is but less than 10,000 RMB, it is short-term detention; where 10,000 yuan is to be sentenced to six months imprisonment; For each additional 1,200 yuan, the sentence is increased by one month.

Legally-prescribed base sentence reference point for fixed-term imprisonment of between 3 and 10 years] Where the amount of personal contract fraud reaches 30,000 RMB, in any of the following circumstances, it is three years imprisonment. For each additional 2,000 yuan, the sentence is increased by one month. In two or more circumstances, the sentence is to be increased within six months

1) The ringleader of the fraud group or the principal offender in the joint fraud crime where the circumstances are serious;

2) Habitual offenders or wandering offenders commit serious harms;

3) Defrauding legal persons, other organizations, or individuals of urgently needed means of production, seriously impacting production or causing other serious losses;

4) Fraud in disaster relief, emergency rescue, flood control, preferential care, relief, or medical treatment, causing serious consequences;

5) Squandering fraudulent assets, making it impossible to return the fraudulent assets;

6) Using fraudulent property to carry out illegal or criminal activities;

7) Those who have previously received criminal punishment for fraud;

8) Causing the victim's death, mental disorder, or other serious consequences;

9) There are other serious circumstances.

Where the amount of the crime is between 40,000 and 200,000 RMB, the amount of the crime is 40,000 RMB, and the sentence is three years imprisonment, with each additional 2,000 RMB and the sentence increased by one month.

Legally-prescribed base sentence reference points for 10 years or more imprisonment] (1) Personal contract fraud, where the amount is 100,000 RMB, and there are any of the circumstances listed above, it is 10 years imprisonment; For each additional 10,000 yuan, the sentence is increased by one month; For each additional circumstance, the sentence is increased by six months;

2) Where personal contract fraud is 200,000 RMB, the legally-prescribed base sentence is 10 years imprisonment; For each additional 10,000 yuan, the sentence is increased by one month.

Legally-prescribed Base Punishment Reference Points for Personnel Responsible for Unit Crimes] (1) Where units commit contract fraud, and the amount is between 50,000 and 80,000 RMB, the directly responsible managers and other directly responsible personnel are to be fined; where 80,000 RMB is but less than 100,000 RMB, the directly responsible managers and other directly responsible personnel are to be sentenced to short-term detention; 100,000 yuan, six months' imprisonment; For each additional 3,300 yuan, the sentence is increased by one month;

2) Where a unit commits contract fraud, and the amount is 200,000 RMB, the directly responsible managers and other directly responsible personnel have a legally-prescribed reference point for a three-year imprisonment sentence; For each additional 2,000 yuan, the sentence is increased by one month;

3) Where a unit commits contract fraud, and the amount is 2 million RMB, the legally-prescribed reference point for the directly responsible managers and other directly responsible personnel is 10 years imprisonment; For each additional 10,000 yuan, the sentence is increased by one month;

Legal analysis: 1. The collection of security deposits is not engineering fraud, except for the bid bonds, performance bonds, project quality deposits, and migrant workers' wage deposits established in accordance with the law, the proportion of other deposits that shall not be collected in the construction of the project shall comply with the relevant provisions of the state.

Second, the provisions of the project deposit.

The employer shall specify the reservation and return of the security deposit in the bidding documents, and agree with the contractor in the terms of the contract on the following matters involving the security deposit:

1) The method of reservation and return of the deposit;

2) The proportion and duration of the deposit reserve;

3) Whether interest is calculated and paid on the margin, and if interest is calculated, the method of calculating the interest;

4) the duration and calculation method of the defect liability period;

5) Procedures for handling disputes such as deposit reservation and return, and project maintenance quality and cost;

6) How to claim for defects during the defect liability period;

7) The method of payment of liquidated damages and liability for breach of contract for late return of deposit.

During the defect liability period, the management of the deposit shall be carried out in accordance with the relevant provisions of the centralized payment of the national treasury for the investment projects that are subject to centralized payment by the national treasury. For other ** investment projects, the deposit can be reserved in the financial department or the employer. During the defect liability period, if the employer is revoked, the security deposit shall be handed over to the user for management along with the assets delivered for use, and the user shall act as the employer.

Where a social investment project adopts the method of reserving a security deposit, the issuer and the contractor may agree to hand over the security deposit to a third-party financial institution for custody.

Legal basis: Criminal Law of the People's Republic of China

Article 266: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 where the amount of the fine is huge or there are other serious circumstances, a sentence of between three and ten years imprisonment is to be given, and where the amount of the punishment is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment or life imprisonment is to be given, and a concurrent fine or confiscation of property is to be given. Where this Law provides otherwise, follow those provisions.

Article 192:Where fraudulent methods are used to illegally raise funds for the purpose of illegal possession, and the amount is relatively large, a sentence of between three and seven years imprisonment is to be given, and where the amount is huge or there are other serious circumstances, a sentence of seven or more years imprisonment or life imprisonment is to be given, and a concurrent fine or confiscation of property.

Where a unit commits the crime in the preceding paragraph, the unit is to be fined, and the directly responsible managers and other directly responsible personnel are to be punished in accordance with the provisions of the preceding paragraph.

Article 266: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.

Summary. I am very happy to answer for you, dear, if you are deceived by the security deposit for project fraud, you can directly report to the police to deal with it, and provide the evidence materials of the other party to the public security organs to fabricate facts or conceal the truth, so as to facilitate the investigation by the public security organs.

We are very happy to answer for you, sell and guess your relatives, and if you are deceived by the project fraud deposit, you can directly report to the police to deal with it, and provide the other party with medium-sized materials of evidence that fabricate facts or conceal the truth to the public security organs, so as to facilitate the investigation by the public security organs.

Legal basis: Article 10 of the "Construction Project Quality Deposit Management" has specific provisions on the project quality guarantee, when the construction unit receives the application for the return of the security deposit from the construction unit, it shall be verified within 14 days with the construction unit in accordance with the content agreed in the contract. If there is no objection, the construction unit shall return the deposit to the Shizhi grinding unit within 14 days after verification, and if the payment is overdue, the interest shall be calculated and paid according to the bank loan interest rate for the same period from the date of overdue, and bear the liability for breach of contract.

If the construction unit does not reply within 14 days after receiving the application for the return of the security deposit from the construction unit, and still does not reply within 14 days after being reminded, it shall be deemed to have approved the application for the return of the security deposit from the construction unit.

It has been 6 years since the contract was signed, and the project has not started, and the deposit will not be refunded.

Did you ask for a specific reason?

If the security deposit for project fraud is defrauded, it can be directly reported to the police to deal with it, and the evidence materials of the other party fabricating facts or concealing the truth will be provided to the public security organs, so as to facilitate the investigation by the public security organs.

1. Before the formal construction of the construction project, the contract signed by the parties often involves the issue of the project deposit, provide guarantee for the contract, and read the terms of the contract carefully when signing the contract, so as not to harm their own interests, and to ensure the legal effect of the contract.

2. The amount specified in the contract of the project quality guarantee: the project quality warranty generally does not exceed 3% of the construction contract price. It is advisable to agree in advance on the following matters involving the warranty in the terms of the contract:

Warranty reservation ratio, return period and method; whether interest is paid on the warranty money, if interest is calculated and paid, and how the interest is calculated; The specific warranty coverage, the duration and calculation of the defect liability period.

3. When the project deposit meets the conditions for return, Party B of the contract shall submit an application for return to the quality warranty management department, and attach a copy of the following information: the project completion acceptance certificate, the contract page signed by the on-site cost engineer of the contract department on the quality assurance money, the payment application, the approval form for the return of the quality deposit, the financial final account (the second original) and a copy of the invoice. After the quality warranty management department signs the return opinion and amount on the approval form for the return of the quality deposit, it shall be submitted to the quality deposit management department for review, and finally determine the return amount and return form and notify the Finance Department to handle the relevant return procedures.

Legal basis

Article 10 of the construction project quality deposit management has specific provisions on the project quality guarantee, when the construction unit receives the application for the return of the security deposit from the construction unit, it shall be verified within 14 days with the construction unit in accordance with the content agreed in the contract. If there is no objection, the construction unit shall return the deposit to the construction unit within 14 days after verification, and if the payment is overdue, the interest shall be calculated and paid according to the bank loan interest rate for the same period from the date of overdue, and bear the liability for breach of contract. If the construction unit does not reply within 14 days after receiving the application for the return of the security deposit from the construction unit, and still does not reply within 14 days after being reminded, it shall be deemed to have approved the application for the return of the security deposit by the construction unit.

Nowadays, it is very common to collect security deposits. And it is clearly stated in the contract. Party B must complete the project according to the requirements of the contract.

Otherwise, Party A will deduct the corresponding security deposit according to the contract as a penalty for Party B's breach of contract. Therefore, if there is a real contract and the construction is actually started, it is not a fraud to collect a deposit. For the situation that the liability for breach of contract is unclear due to the unclear agreement in the contract.

It can be resolved through negotiation or litigation.

If someone collects money by signing a fake contract (without a real construction project) and collecting a security deposit, it is a fraud. They signed the contract, received the deposit, and then fled to the empty building.

1. What is the crime of fraudulently obtaining bid bonds?

When bidding, as long as it is for the purpose of illegal possession, the act of using fictitious facts or concealing the truth to defraud the bid bond is a fraudulent act, and reaching a huge amount constitutes the crime of fraud.

The crime of fraud (Article 266 of the Criminal Code) refers to the act of defrauding a large amount of public or private property by fabricating facts or concealing the truth for the purpose of illegal possession.

The crime of fraud also includes the crime of contract fraud. According to article 224 of the Criminal Law, the crime of contract fraud refers to the act of defrauding the other party of a relatively large amount of property by fabricating facts or concealing the truth in the process of signing or performing a contract for the purpose of illegal possession. The deceptive methods commonly used by the perpetrators of contract fraud can be summarized as follows:

1) Signing a contract with a fictitious unit or fraudulently using the name of another person;

2) Secured by forged, altered, or invalidated bills or other false property rights certificates;

3) Having no actual ability to perform, inducing the other party to continue to sign and perform the contract by first performing a small contract or partially performing the contract;

4) Fleeing after receiving goods, payment, advance payment or secured property from the other party;

5) In the process of signing or performing a contract, the other party is defrauded of the other party's property. Of course, no matter what kind of deception the perpetrator uses above, it will only constitute a crime if the amount of the defrauded property is relatively large.

2. What is the difference between liability reserve and security deposit?

According to the provisions of the Insurance Law, the capital margin refers to the funds that are withdrawn according to 20% of the total registered capital of the insurance company after its establishment, and shall not be used except for the liquidation of the insurance company to pay off debts.

Liability reserve means the amount estimated by the insurer to pay the untouched insurance premiums that are due, and the insurer must maintain assets in excess of its policy liability reserves so that it has sufficient funds to cover claims as they fall due. In addition, the liability bond must be sufficient to cover the claim, and the policy liability reserve must be safely invested.

That is to say, the capital margin is related to the registered capital, and the liability reserve is related to the premium income and the risks assumed.