He was defrauded of 3,500 yuan to buy game equipment, and the police filed a case. The swindler suddenly returned my money. Is this still a crime?

As long as this case meets two conditions, it constitutes a crime of fraud: first, the criminal suspect aims at illegal possession, and second, the amount of fraud is more than 3,000 yuan. Obviously, this case belongs to the accomplished fraud (the liar has succeeded) and should be convicted of fraud. In view of the criminal suspect's active return of stolen goods, he can be exempted from criminal punishment.

Legal extension:

1. The Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Fraud stipulates that those who defraud public or private property in the amount of 3,000 to 10,000 yuan, 30,000 to 100,000 yuan and 500,000 yuan are respectively deemed as "large amount", "huge amount" and "extremely huge amount" as stipulated in Article 266 of the Criminal Law.

2. [Contract Fraud (Article 224 of the Criminal Law)] Anyone who, for the purpose of illegal possession, defrauds the other party of property in the process of signing and performing a contract, and the amount is more than 20,000 yuan, shall file a case for prosecution.

3. Fixed-term imprisonment of not more than three years, criminal detention, public surveillance, and a fine or a single fine.

(a) the amount of fraud is less than 4000 yuan, and the benchmark punishment is a fine; From 4,000 yuan to 5,000 yuan, the benchmark punishment is public surveillance; 5,000 yuan, the benchmark punishment is three months of criminal detention, and the sentence is increased by one month for every increase of 1 670 yuan; If it is 1000 yuan, the benchmark punishment is six months' imprisonment, and for every increase of 1000 yuan, the imprisonment will be increased by one month;

(two) under any of the circumstances stipulated in Article 126, it is proposed to be sentenced to criminal detention and upgraded to fixed-term imprisonment; If it is planned to impose control or fines, it will be upgraded to criminal detention;

(3) For recidivists who swindle 3,000 yuan, the benchmark punishment is six months' imprisonment, and each increase of 1230 yuan will increase one month's imprisonment.

If a person is sentenced to fixed-term imprisonment of not less than three years but not more than ten years and defrauds 40,000 yuan, the benchmark punishment shall be three years' fixed-term imprisonment, and the sentence shall be increased by one month for every increase of 2,000 yuan.

If a person is sentenced to fixed-term imprisonment of not less than 10 years and defrauds 200,000 yuan, the benchmark punishment shall be 10 years of fixed-term imprisonment, and the sentence shall be increased by one month for every additional 4,000 yuan.

In any of the following circumstances, the penalty is 10%:

(1) The ringleader of a fraud group or the principal of a major fraud crime;

(two) recidivist or fugitive crime, causing serious harm;

(3) defrauding a legal person, other organization or individual of the means of production urgently needed, which seriously affects production or causes other serious losses;

(four) defrauding disaster relief, emergency rescue, flood control, special care, relief, medical care and other funds and materials, resulting in serious consequences;

(five) squandering fraudulent property, resulting in fraudulent property can not be returned;

(six) the use of fraudulent property for illegal and criminal activities;

(7) Causing the victim's death, mental disorder or other serious consequences;

(eight) the defendant was sentenced to punishment or administrative punishment for fraud;

(9) Fraud 10 or more times.