Kindly cheating is a crime

§ 263

(1) Anyone who intends to obtain an unlawful pecuniary advantage for himself or a third party, damages the property of another by provoking or maintaining an error by pretending to be false or by distorting or suppressing true facts, is subject to imprisonment for up to five years or fined.

(2) The attempt is punishable.

(3) 1In particularly serious cases, the penalty is imprisonment from six months to ten years. 2A particularly serious case is usually present if the perpetrator

1. acts on a commercial basis or as a member of a gang that has joined forces to continue the commission of forgery of documents or fraud,
2. causes a large-scale loss of property or acts with the intention of putting large numbers of people at risk of loss of property by continuing to commit fraud,
3. brings another person into economic distress,
4. abuses his powers or his position as a public official or European public official or
5. feigns an insured event after he or someone else has set fire to something of significant value or destroyed it in whole or in part by setting fire to it, or caused a ship to sink or strand.

(4) Section 243 (2) and sections 247 and 248a apply accordingly.

(5) A prison sentence of one year to ten years, in less serious cases a prison sentence of six months to five years, shall be punished for anyone who committed fraud as a member of a gang committed to the continued commission of criminal offenses according to §§ 263 bis 264 or 267 to 269, commits commercially.

(6) The court can order conduct supervision (Section 68 (1)).

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Version based on the law on the reform of the criminal asset recovery of April 13, 2017 (Federal Law Gazette I p. 872), which came into force on July 1, 2017 Explanation of the law available

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