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The penalty of digital currency fraud

Publish: 2021-04-17 08:55:27
1. digital currency can only be trusted if it is issued by the state, and this kind of exchange that deceives consumers should be punished
2. Generally, the crime of fraud is a solid punishment. Although you have returned the money you defrauded and the other party has written a letter of understanding, it does great harm to the society and can be reced in the term of imprisonment.
3. Can we file a case of digital currency fraud? If the digital currency is cheated, it can also be filed. Because the digital currency is also one's own wealth, so if one's own money is cheated by others, it can also be filed.
4. The platform charges 10% to 20% of the management fee, and the customer and the platform pay half of the meal delivery fee respectively. On the surface, 10% to 20% of the profit loss of the business is actually a small profit and quick turnover. The seats in the store are saved, and the waiters are saved. Only one person can pack the food
5. As early as the beginning of last year, someone asked me about paying fees to participate in "digital currency" and said that the other Party promised a high rate of return. My reply is not to participate. Even if digital currency is implemented in the future, corresponding market rules need to be formulated. Now pay (seems to be about 2000 yuan) with the risk of fraud. As a result, the other party didn't join and evaded the loss.
6. (1) if the fraud is less than 4000 yuan, it is a fine penalty; If the amount is more than 4000 yuan but less than 5000 yuan, it shall be a public surveillance penalty; If the penalty is 5000 yuan, it will be three months of detention. For every 1670 yuan increase, the term of imprisonment will be increased by one month; If the penalty is 10000 yuan, it will be fixed-term imprisonment for six months. For every 1000 yuan increase, the penalty will be increased by one month< (2) under any of the circumstances specified in Article 131, if the offender is to be sentenced to criminal detention, he shall be upgraded to fixed-term imprisonment; If the penalty is to be imposed by public surveillance or fine, it shall be upgraded to criminal detention<

[reference point for Statutory Benchmark punishment of fixed-term imprisonment of not less than three years but not more than 10 years]

a person who swindles 40000 yuan shall be sentenced to three years of fixed-term imprisonment, and the sentence shall be increased by one month for every 2000 yuan increase<

[reference point of Statutory Benchmark punishment for fixed-term imprisonment of more than 10 years]

a person who swindles 200000 yuan shall be sentenced to fixed-term imprisonment of 10 years, and the sentence shall be increased by one month for every 4000 yuan increase<

[provisions on severe punishment]

in case of any of the following circumstances, the penalty shall be 10%:

(1) the ringleader of the fraud group or the principal offender with serious circumstances in the joint fraud crime< (2) a recidivist or a fugitive who commits crimes and causes serious harm< (3) defrauding legal persons, other organizations or indivials of urgently needed means of proction, seriously affecting proction or causing other serious losses< (4) defrauding money and goods for disaster relief, emergency rescue, flood control, preferential treatment, relief and medical treatment, resulting in serious consequences< (5) squandering the swindled property, so that the swindled property cannot be returned< (6) using swindled property to engage in criminal activities< (7) causing the death, mental disorder or other serious consequences of the victim< (8) the defendant has been sentenced for a crime or given administrative punishment for fraud< (9) committing fraud more than 10 times< In case of any of the following circumstances, probation shall not be applied:

(1) the stolen goods or compensation have not been returned< (2) failing to voluntarily accept the punishment of property punishment< (3) one of the circumstances specified in Article 131.
7. According to the analysis of the message above,
1. For the crime of fraud, if the amount is relatively large, it shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also, or shall only, be fined; If the amount is huge or if there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined; If the amount is especially huge or if there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment and be fined or have his property confiscated
2. Your father was taken away on suspicion of fraud. Now he should be under criminal detention. His family can't see him. You can entrust a lawyer to meet your father
3. The public security organ will detain criminal cases only when it has certain evidence materials. When the lawyer meets with your father, he can understand the relevant situation, explain the relevant legal knowledge to your father, and provide legal help and defense. If he meets the conditions, he can apply for l pending trial
the above answers are for reference only. The lawyer needs to meet your dad before he can make further analysis.
8. As you said, if you are cheated more than one thousand yuan, you will file a case. You can go there a few more times and hurry up.
9. Fraud of 1000 yuan does not belong to a large amount and does not constitute a crime of fraud. It should be punished in accordance with the law on punishment of public security administration, and be fined and detained for less than 15 days< Article 266 of the criminal law
whoever swindles public or private property, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also, or shall only, be fined; If the amount is huge or if there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined; If the amount is especially huge or if there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment and be fined or have his property confiscated. Where there are other provisions in this law, such provisions shall prevail< Article 1 of the interpretation of the Supreme People's court and the Supreme People's Procuratorate on Several Issues concerning the specific application of law in handling criminal cases of fraud
those who defraud public or private property with a value of more than 3000 yuan to 10000 yuan, 30000 yuan to 100000 yuan or 500000 yuan should be recognized as "large amount", "huge amount" and "large amount" respectively as stipulated in Article 266 of the criminal law "The amount is particularly huge."
the higher people's courts and people's procuratorates of all provinces, autonomous regions and municipalities directly under the central government may, in the light of the economic and social development of their respective regions and within the range of the amount specified in the preceding paragraph, jointly study and determine the specific amount standards to be implemented in their respective regions and report them to the Supreme People's court and the Supreme People's Procuratorate for the record.
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