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Hello, it is not a criminal case, but it is possible to call the police. The amount can be reported to the police, and more than 2000 can still be prosecuted. The conviction standard for fraud is 5000
However, as long as there is fraud, the public security organs can file a case. Article 266 of the Criminal Law stipulates that whoever defrauds public or private property, and the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release, 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's Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Fraud Cases", 1. In accordance with the provisions of articles 151 and 152 of the Criminal Law, where the amount of public or private property defrauded is relatively large, the crime of fraud is constituted. Where an individual defrauds public or private property of more than 2,000 RMB, it is a "relatively large amount"; Where an individual defrauds public or private property of more than 30,000 yuan, it is a "huge amount".
Where the value of defrauded public or private property is 50,000 yuan or more, it is a "huge amount", and the starting point standard has been raised from "40,000 yuan" to "50,000 yuan", which means that "between 40,000 yuan and 50,000 yuan" will be sentenced in the range of "huge amounts". The standard of "particularly large amount" was raised from "200,000 yuan" to "500,000 yuan".
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Legal analysis: being defrauded of more than 3,000 yuan is a criminal case. 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;
Legal basis: Article 266 of the Criminal Law of the People's Republic of China: 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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It can be defined as fraud, but it should not constitute the crime of fraud and will not be subject to criminal punishment (that is, it will not be sentenced). This is because, for the amount to be determined for the crime of fraud, different starting sentences may be set in each region of the country according to different local economic conditions. Generally, only those who are sentenced to a "relatively large amount" or more.
Therefore, according to the amount of 1,300 yuan involved in the case mentioned above, it is impossible to constitute the crime of fraud in the most backward areas of the domestic economy. However, the local police station will deal with it in accordance with the Public Security Administration Punishment Law.
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The standard for filing a case for answering the crime of fraud varies from province to province, ranging from 3,000 yuan to more than 10,000 yuan. If it does not meet the criteria for filing a fraud case, it can be handled as a public security case, as you said.
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 Criminal Law article 266.
Fraud against an unspecified number of people is to be carried out by sending text messages and making phone calls**, or by using the Internet, radio and television, newspapers and magazines, and so forth, to defraud an unspecified number of people.
Article 49 of the Public Security Administration Punishment Law: Anyone who steals, defrauds, robs, snatches, extorts or intentionally damages public or private property shall be detained for not less than 5 days but not more than 10 days, and may be concurrently fined up to 500 yuan; where the circumstances are more serious, they are to be detained for between 10 and 15 days, and may be concurrently fined up to 1,000 RMB.
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Where the amount of fraud is more than 1,000 yuan but less than 3,000 yuan, it is generally not a criminal case, because the standard for the crime of fraud is 3,000 yuan or more, and according to the provisions of the Criminal Law, the crime of fraud refers to the act of using 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.
[Legal basis].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 involved is especially huge, or where there are other especially serious circumstances, the sentence is to be 10 or more years imprisonment or life imprisonment, and a concurrent fine or confiscation of property. Where this Law provides otherwise, follow those provisions.
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