Part 2 Specific Offenses
Chapter 32 Offenses of Fraudulence, Breach of Trust, Taking, and Usury
Article 339
A person who by fraud causes another to deliver to him property belonging to such other or to a third person for purpose to exercise unlawful control over other’s property for himself or for a fourth person shall be sentenced to imprisonment for not more than five years or short-term imprisonment; in lieu thereof, or in addition thereto, a fine of not more than five hundred thousand yuan may be imposed.
A person who by the means specified in the preceding paragraph takes an illegal benefit for himself or for a third person shall be subject to the same punishment.
An attempt to commit an offense specified in one of the two preceding paragraphs is punishable.
Article 339-1
A person who for purpose to exercise unlawful control over other’s property for himself or for a third person takes property of another from a fees-collecting apparatus shall be sentenced to imprisonment for not more than one year, short-term imprisonment, or a fine not more than one hundred thousand yuan.
A person who takes an illegal benefit in property for himself or for a third person is subject to the same punishment.
An attempt to commit an offense specified in one of the two preceding paragraphs is punishable.
Article 339-2
A person who for purpose to exercise unlawful control over other’s property for himself or for a third person takes property of another through an ATM machine shall be sentenced to imprisonment for not more than three years, short-term imprisonment, or a fine of not more than three hundred thousand yuan.
A person who takes an illegal benefit in property for him or causes a third person to take it by means specified in the preceding paragraph shall be subject to the same punishment.
An attempt to commit an offense specified in one of the two preceding paragraphs is punishable.
Article 339-3
A person who for purpose to exercise unlawful control over other’s property for himself or for a third person takes property of another by entering false data or wrongful directives into a computer or relating equipment to create the records of acquisition, loss or alteration of property ownership shall be sentenced to imprisonment for not more than seven years; in addition thereto, a fine of not more than seven hundred thousand yuan may be imposed.
A person who takes an illegal benefit in property by the method specified in the preceding paragraph shall be subject to the same punishment.
An attempt to commit an offense specified in one of the two preceding paragraphs is punishable.
Article 339-4
A person who commits the offense of fraud under Article 339 and who has any of the following events shall be sentenced to imprisonment for no less than one year and no more than seven years; in addition thereto, a fine of no more than one million yuan may be imposed:
1.Offense in the name of a government agency or public official without authorization.
2.Offense by three or more persons.
3.Offense by dissemination of false information to the general public through broadcasting TV, electronic communication, Internet or other media.
4.The offense by using computer synthesis or other technological methods to produce synthetic images, sounds, or electromagnetic records about others is punishable.
An attempt to commit an offense specified in the preceding paragraph is punishable.
Article 341
A person who takes advantage of the ignorance, inexperience of another person who is under the age of eighteen or the obvious lack of distinguishing ability or the suffering of similar conditions caused by mental retardation, intellectual defect of another person to cause him to deliver property belonging to such other or to a third person for purpose to exercise unlawful control over it for himself or for a third person shall be sentenced to imprisonment for not more than five years or short-term imprisonment; in lieu thereof, or in addition thereto, a fine of less than five hundred thousand yuan may be imposed.
A person who by the means specified in the preceding paragraph takes an illegal benefit in property for himself or for a third person shall be subject to the same punishment.
An attempt to commit an offense specified in the one of the two preceding paragraphs is punishable.
Article 342
A person who manages the affairs of another for purpose to take an illegal benefit for himself or for a third person or to harm the interests of his principal and who acts contrary to his duties and thereby causes loss to the property or other interest of the principal will be sentenced to imprisonment for not more than five years or short-term imprisonment; in lieu thereof, or in addition there to, a fine of not more than five hundred thousand yuan may be imposed.
An attempt to commit an offense specified in the preceding paragraph is punishable.
Article 343
The provisions of Articles 323 and 324 shall apply mutandis mutatis to offenses specified in Articles 339 through the preceding Article.
Article 344
A person who takes advantage of the urgent need, carelessness, inexperience or lack of other resort of another to lend him money or other things at usurious interest obviously inappropriate to the principal shall be sentenced to imprisonment for no more than three years, short-term imprisonment; in lieu thereof, or in addition thereto, a fine of no more than three hundred thousand yuan may be imposed.
Usurious interest under the preceding paragraph includes processing fee, custodian fee, default penalty and other fee related to the loan.
Article 344-1
A person who acquires usurious interest under the first paragraph of the preceding article by force, threat, intimidation, intruding into a residence, harm, damage, monitoring or other method that creates fear shall be sentenced to imprisonment for no less than six months and no more than five years; in addition thereto, a fine of no more than five hundred thousand yuan may be imposed.
An attempt to commit an offense specified in the preceding paragraph is punishable.