(四)使用虚假的产权证明作担保或者超出抵押物价值重复担保的;
(4) using a false property right certificate as guaranty or repeatedly using the same mortgaged property as guaranty in excess of its value; or
(五)以其他方法诈骗贷款的。
(5) defrauding loans by any other means.
第一百九十四条 有下列情形之一,进行金融票据诈骗活动,数额较大的,处五年以下有期徒刑或者拘役,并处二万元以上二十万元以下罚金;数额巨大或者有其他严重情节的,处五年以上十年以下有期徒刑,并处五万元以上五十万元以下罚金;数额特别巨大或者有其他特别严重情节的,处十年以上有期徒刑或者无期徒刑,并处五万元以上五十万元以下罚金或者没收财产:
Article 194 Whoever commits fraud by means of financial bills in any of the following ways shall, if the amount involved is relatively large, be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan; if the amount involved is huge, or if there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan; if the amount involved 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 shall also be fined not less than 50,000 yuan but not more than 500,000 yuan or be sentenced to confiscation of property:
(一)明知是伪造、变造的汇票、本票、支票而使用的;
(1) knowingly using forged or altered bills of exchange, promissory notes or cheques;
(二)明知是作废的汇票、本票、支票而使用的;
(2) knowingly using invalidated bills of exchange, promissory notes or cheques;
(三)冒用他人的汇票、本票、支票的;
(3) illegally using another's bills of exchange, promissory notes or cheques;
(四)签发空头支票或者与其预留印鉴不符的支票,骗取财物的;
(4) signing and issuing a rubber cheque or a cheque, on which the seal is not in conformity with the reserved specimen seal, in order to defraud money or property; or
(五)汇票、本票的出票人签发无资金保证的汇票、本票或者在出票时作虚假记载,骗取财物的。
(5) signing or issuing bills of exchange or promissory notes without funds as a guaranty, in the capacity of a drawer, falsely specifying the particulars thereon at the time of issue, in order to defraud money or property.
使用伪造、变造的委托收款凭证、汇款凭证、银行存单等其他银行结算凭证的,依照前款的规定处罚。
Whoever uses forged or altered settlement certificates of a bank such as certificates of entrustment with the receipt of payment, certificates of remittance and deposit receipts shall be punished in accordance with the provisions in the preceding paragraph.
第一百九十五条 有下列情形之一,进行信用证诈骗活动的,处五年以下有期徒刑或者拘役,并处二万元以上二十万元以下罚金;数额巨大或者有其他严重情节的,处五年以上十年以下有期徒刑,并处五万元以上五十万元以下罚金;数额特别巨大或者有其他特别严重情节的,处十年以上有期徒刑或者无期徒刑,并处五万元以上五十万元以下罚金或者没收财产:
Article 195 Whoever commits fraud by means of a letter of credit in any of the following ways shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan; if the amount involved is huge, or if there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan; if the amount involved 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 shall also be fined not less than 50,000 yuan but not more than 500,000 yuan or be sentenced to confiscation of property:
(一)使用伪造、变造的信用证或者附随的单据、文件的;
(1) using a forged or altered letter of credit or any of its attached bills or documents;
(二)使用作废的信用证的;
(2) using an invalidated letter of credit;
(三)骗取信用证的;
(3) fraudulently obtaining a letter of credit; or
(四)以其他方法进行信用证诈骗活动的。
(4) in any other ways.
第一百九十六条 有下列情形之一,进行信用卡诈骗活动,数额较大的,处五年以下有期徒刑或者拘役,并处二万元以上二十万元以下罚金;数额巨大或者有其他严重情节的,处五年以上十年以下有期徒刑,并处五万元以上五十万元以下罚金;数额特别巨大或者有其他特别严重情节的,处十年以上有期徒刑或者无期徒刑,并处五万元以上五十万元以下罚金或者没收财产:
Article 196 Whoever commits fraud by means of a credit card in any of the following ways shall, if the amount involved is relatively large, be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan; if the amount involved is huge, or if there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan; if the amount involved 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 shall also be fined not less than 50,000 yuan but not more than 500,000 yuan or be sentenced to confiscation of property:
(一)使用伪造的信用卡的;
(1) using a forged credit card;
(二)使用作废的信用卡的;
(2) using an invalidated credit card;
(三)冒用他人信用卡的;
(3) illegally using another's credit card; or
(四)恶意透支的。
(4) overdrawing with ill intentions.
前款所称恶意透支,是指持卡人以非法占有为目的,超过规定限额或者规定期限透支,并且经发卡银行催收后仍不归还的行为。
Overdrawing with ill intentions as mentioned in the preceding paragraph means that a credit card holder who, for the purpose of illegal possession, overdraws beyond the norm set or beyond the time limit and refuses to repay the overdrawn amount after the bank that issues the card urges him to do so.
盗窃信用卡并使用的,依照本法第二百六十四条的规定定罪处罚。
Whoever steals a credit card and uses it shall be convicted and punished in accordance with the provisions in Article 264 of this Law.
第一百九十七条 使用伪造、变造的国库券或者国家发行的其他有价证券,进行诈骗活动,数额较大的,处五年以下有期徒刑或者拘役,并处二万元以上二十万元以下罚金;数额巨大或者有其他严重情节的,处五年以上十年以下有期徒刑,并处五万元以上五十万元以下罚金;数额特别巨大或者有其他特别严重情节的,处十年以上有期徒刑或者无期徒刑,并处五万元以上五十万元以下罚金或者没收财产。
Article 197 Whoever commits fraud by using forged or altered treasury certificates or any other securities issued by the State shall, if the amount involved is relatively large, be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan; if the amount involved is huge, or if there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan; if the amount involved 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 shall also be fined not less than 50,000 yuan but not more than 500,000 yuan or be sentenced to confiscation of property.
第一百九十八条 有下列情形之一,进行保险诈骗活动,数额较大的,处五年以下有期徒刑或者拘役,并处一万元以上十万元以下罚金;数额巨大或者有其他严重情节的,处五年以上十年以下有期徒刑,并处二万元以上二十万元以下罚金;数额特别巨大或者有其他特别严重情节的,处十年以上有期徒刑,并处二万元以上二十万元以下罚金或者没收财产:
Article 198 Any of the following persons who commit insurance fraud in any of the following ways shall, if the amount involved is relatively large, be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also be fined not less than 10,000 yuan but not more than 100,000 yuan; if the amount involved is huge, or if there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan; if the amount involved 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 shall also be fined not less than 20,000 yuan but not more than 200,000 yuan or be sentenced to confiscation of property:
(一)投保人故意虚构保险标的,骗取保险金的;
(1) an applicant defrauds insurance money by deliberately falsifying the subject matter of the insurance;
(二)投保人、被保险人或者受益人对发生的保险事故编造虚假的原因或者夸大损失的程度,骗取保险金的;
(2) an applicant, an insured or a beneficiary defrauds insurance money by cooking up the cause of an insured accident or overstates the extent of loss;
(三)投保人、被保险人或者受益人编造未曾发生的保险事故,骗取保险金的;
(3) an applicant, an insured or a beneficiary defrauds insurance money by inventing stories of an insured accident that does not occur;
(四)投保人、被保险人故意造成财产损失的保险事故,骗取保险金的;
(4) an applicant or an insured defrauds insurance money by deliberately causing the occurrence of an insured accident that leads to property damage; or
(五)投保人、受益人故意造成被保险人死亡、伤残或者疾病,骗取保险金的。
(5) an applicant or a beneficiary defrauds insurance money by deliberately causing the death, disability or illness of the insured.
有前款第四项、第五项所列行为,同时构成其他犯罪的,依照数罪并罚的规定处罚。
Whoever commits the act listed in sub-paragraph (4) or (5) of the preceding paragraph, which also constitutes another crime, shall be punished in accordance with the provisions on combined punishment for several crimes.
单位犯第一款罪的,对单位判处罚金,并对其直接负责的主管人员和其他直接责任人员,处五年以下有期徒刑或者拘役;数额巨大或者有其他严重情节的,处五年以上十年以下有期徒刑;数额特别巨大或者有其他特别严重情节的,处十年以上有期徒刑。
Where a unit commits the crime mentioned in the first paragraph, it shall be fined, and the persons who are directly in charge and the other persons who are directly responsible for the crime shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; if the amount involved is huge, or if there are other serious circumstances, they shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years; if the amount involved is especially huge, or if there are other especially serious circumstances, they shall be sentenced to fixed-term imprisonment of not less than 10 years.
保险事故的鉴定人、证明人、财产评估人故意提供虚假的证明文件,为他人诈骗提供条件的,以保险诈骗的共犯论处。
Any expert witness, witness or property assessor of an insured accident who deliberately provides false supporting documents, thus creating the conditions for another to practise defraudation, shall be deemed an accomplice in insurance fraud and punished as such.
第一百九十九条 犯本节第一百九十二条、第一百九十四条、第一百九十五条规定之罪,数额特别巨大并且给国家和人民利益造成特别重大损失的,处无期徒刑或者死刑,并处没收财产。
Article 199 Whoever commits the crime mentioned in Article 192, 194 or 195 of this Section shall, if the amount involved is especially huge, and especially heavy losses are caused to the interests of the State and the people, be sentenced to life imprisonment or death and also to confiscation of property.
第二百条 单位犯本节第一百九十二条、第一百九十四条、第一百九十五条规定之罪的,对单位判处罚金,并对其直接负责的主管人员和其他直接责任人员,处五年以下有期徒刑或者拘役;数额巨大或者有其他严重情节的,处五年以上十年以下有期徒刑;数额特别巨大或者有其他特别严重情节的,处十年以上有期徒刑或者无期徒刑。
Article 200 Where a unit commits the crime mentioned in Article 192, 194 or 195 of this Section, it shall be fined, and the persons who are directly in charge and the other persons who are directly responsible for the crime shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; if the amount involved is huge, or if there are other serious circumstances, they shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years; if the amount involved is especially huge, or if there are other especially serious circumstances, they shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment.