How to judge online fraud in Myanmar

Internet fraud in northern Myanmar will be punished with fraud, with reference to the provisions of the "Criminal Law" and the "Interpretations of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in the Trial of Fraud Cases": defrauding public and private property, the amount is relatively large , shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or surveillance, and shall also or solely 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 and not more than 10 years, and shall also be fined; if the amount is particularly huge or there are other particularly serious circumstances If the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and shall also be fined or have property confiscated.

If an individual defrauds public or private property of more than 2,000 yuan, the amount is relatively large; if an individual defrauds public or private property of more than 30,000 yuan, the amount is huge. If an individual defrauds public or private property of more than 200,000 yuan, the amount of fraud is particularly huge. The extremely huge amount of fraud is an important factor in determining that the circumstances of a fraud crime are particularly serious, but it is not the only factor. If the amount of fraud exceeds 100,000 yuan and one of the following circumstances occurs, the circumstances shall also be deemed to be particularly serious:

(1) The ringleader of a fraud group or a co-conspirator in a fraud crime with serious circumstances Principal offender;

(2) Repeated offenders or those who commit crimes frequently and cause serious harm;

(3) Defrauding legal persons, other organizations or individuals of urgently needed production materials, seriously affecting production or causing other serious losses ;

(4) Fraud on disaster relief, emergency rescue, flood prevention, special care, relief, medical care, causing serious consequences;

(5) Squandering the fraudulent property, resulting in fraud The property cannot be returned;

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

(7) Having been criminally punished for fraud;

(8) Causing death, mental disorder or other serious consequences to the victim;

(9) Having other serious circumstances.

2. If the directly responsible person in charge and other directly responsible personnel of the unit commit fraud in the name of the unit, and the proceeds from the fraud belong to the unit, and the amount is more than 50,000 to 100,000 yuan, they shall be punished in accordance with Article 1 of the "Criminal Law" The criminal liability of the above-mentioned persons shall be investigated in accordance with the provisions of Article 151; if the amount is more than 200,000 to 300,000 yuan, the criminal liability of the above-mentioned persons shall be investigated in accordance with the provisions of Article 152 of the "Criminal Law".

3. For the crime of pornographic fraud, the amount of the crime shall be determined based on the amount of the perpetrator’s participation in the pornographic fraud, and shall be combined with the actor’s status, role and role in the pornographic crime. The amount of illegal income and other circumstances shall be punished in accordance with the law.

4. The amount is relatively small, less than 2,000 yuan, and does not constitute a crime of fraud. However, if it violates social security, according to the "Public Security Management Punishment Law", the person will be detained for 5 to 15 days, and may also be fined 1,000 yuan. the following fines. However, if the cumulative amount of fraud exceeds 2,000-5,000, criminal liability for fraud can be pursued.

According to the provisions of our country’s laws, if the amount of personal online fraud reaches more than 2,000 yuan, the perpetrator can be held criminally responsible for fraud, and if an organization commits online fraud, the amount is required to reach 5 More than 10,000 yuan.