Legal analysis
Sentencing standards for illegally selling other people's property
Selling other people's property privately for the purpose of illegal possession, and taking the obtained property as your own, is suspected of theft. Theft refers to the act of secretly stealing a large amount of public or private property or stealing public or private property many times for the purpose of illegal possession.
1, personal theft of public or private property with a value of RMB1000-3,000 yuan is defined as "a large amount". If the amount is relatively large, he shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or only be fined;
2. Individuals who steal public or private property with a value of more than 30,000 yuan to more than 6,543,800 yuan shall be regarded as "huge amount" or have other serious circumstances, and shall be sentenced to fixed-term imprisonment of more than 3 years 10 years and fined;
3. Individuals who steal public or private property with a value of more than 300,000 yuan to 500,000 yuan are classified as "extremely huge". If the amount is extremely huge or there are other particularly serious circumstances, they shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated.
In addition, if a person commits theft and is fined according to law, he shall be fined more than 2 times the amount of theft 1000 yuan; If there is no theft amount or the theft amount cannot be calculated, a fine of 1000 yuan or more and 100000 yuan or less shall be imposed.
legal ground
Criminal law of the people's Republic of China
Article 264 Whoever steals a large amount of public or private property, or repeatedly steals, enters a house, carries a weapon or pickpockets, 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 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.
Article 270 Whoever illegally occupies another person's property in a relatively large amount and refuses to return it shall be sentenced to fixed-term imprisonment of not more than two years, criminal detention or a fine; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than two years but not more than five years and shall also be fined. Whoever illegally takes forgetting things and buried objects of others for himself and refuses to hand them over in a large amount shall be punished in accordance with the provisions of the preceding paragraph. This crime can only be dealt with if it is spoken.