If the money is returned voluntarily after the crime of fraud is filed, it should be handled according to the circumstances of the crime. If the amount of fraud is large, it is generally not prosecuted or exempted from criminal punishment. If the amount exceeds a large amount, the punishment will be mitigated. According to relevant laws and regulations, although the fraud of public and private property has reached the standard of "large amount" specified in Article 1 of this interpretation, the perpetrator may not be prosecuted or exempted from criminal punishment according to the provisions of Article 37 of the Criminal Law and Article 142 of the Criminal Procedure Law in any of the following circumstances, and the perpetrator pleads guilty and repents:
（1） Those who have the circumstances of a legally lenient punishment;
（2） All stolen goods and compensation are returned before the judgment of the first instance;
（3） Not participating in the distribution of stolen goods or getting less stolen goods and not being the principal offender;
（4） The victim understands;
（5） Other circumstances are minor and the harm is not serious.
Legal basis
Article 3 of the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Some Issues Concerning the Specific Application of Law in Handling Criminal Cases of Fraud, although the public and private property fraud has reached the "large amount" standard specified in Article 1 of this interpretation, but it has one of the following circumstances, and the perpetrator pleads guilty and repents, it may be subject to Article 37 of the Criminal Law The provisions of Article 142 of the Criminal Procedure Law provide for non prosecution or exemption from criminal punishment: (1) there are circumstances of a legally lenient punishment; （2） All stolen goods and compensation are returned before the judgment of the first instance; （3） Not participating in the distribution of stolen goods or getting less stolen goods and not being the principal offender; （4） The victim understands; （5） Other circumstances are minor and the harm is not serious.
