Those convicted of fraud will be punished with a prison sentence of six months to three years. For the setting of the penalty, the amount defrauded, the financial loss caused to the injured party, the relations between the latter and the fraudster, the means used by the latter and any other circumstances that serve to assess the seriousness of the infringement will be taken into account.
If the amount defrauded does not exceed 400 euros, a fine of one to three months will be imposed.
art 249 cp
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Article 249 of the Penal Code Spanish refers to the punishment with prison for whoever commits a scam. The penalty difference is established in the 400 euros of amount cheated.
Article 249 of the Penal Code is part of the title dedicated to crimes against property and against the socioeconomic order: