Sentencing of Fortune Telling Fraud _ Fortune Telling Fraud

It is illegal to charge more than fortune telling.

Legal analysis: even if it is more than 20,000 yuan. The crime of contract fraud in criminal law refers to the act of defrauding the other party of a large amount of property for the purpose of illegal possession during the conclusion and performance of the contract. The subject of this crime is the general subject; Subjective aspect is intentional; The object is the management system and ownership of the contract by the state; Objectively, the law directly stipulates five situations: the act of signing a contract in the name of a false unit or others; Providing security with forged, altered or invalid bills or other false proof of property rights; Without the ability to perform, trick the other party into performing or signing a contract by means of small contract or partial performance; Escape after receiving the goods, payment, advance payment or secured property paid by the other party; Cheat the other party's property by other means.

Legal basis: the crime of contract fraud in Article 224 of People's Republic of China (PRC) Criminal Law; The crime of organizing and leading pyramid selling activities has one of the following circumstances. For the purpose of illegal possession, in the process of signing and performing a contract, if the amount is relatively large, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also or only 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 but not more than ten years and shall also be fined; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated: (1) Fictitious units or signing contracts under the name of others; (2) Mortgaging with forged, altered or invalid bills or other false property rights certificates; (three) to perform a small contract or part of the contract first, to deceive the other party to continue to sign and perform the contract, and to have no actual performance ability; (4) After receiving the payment for goods, advance payment or secured property paid by the other party; (5) defrauding the other party's property by other means. In the name of business activities such as selling goods and providing services, organizations and leaders require participants to obtain membership by paying fees or purchasing goods and services, and form a hierarchy in a certain order, directly or indirectly based on the number of people who have developed, luring or coercing participants to continue to develop pyramid schemes attended by others, defrauding property and disrupting economic and social order, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years and fined.