1, the company will be fined for fraud, and the directly responsible person in charge and leader will bear the responsibility. If employees know that the company is engaged in fraud and participates in fraud, it depends on the amount of fraud. If it meets the criteria for filing a case, it will bear criminal responsibility. If they don't do this, they will also bear other legal responsibilities.
If the employee doesn't know or is coerced, he won't go to jail.
The criteria for determining the crime of fraud are as follows:
1, the subjective aspect of the crime of fraud is intentionally and directly, deliberately fabricating facts or concealing the real situation, defrauding and illegally possessing public or private property;
2. The subject of the crime of fraud is the general subject, that is, reaching the legal age of criminal responsibility and having the ability of criminal responsibility;
3. The object of the crime of fraud is the ownership of public and private property. Crimes committed by fraud, not for the purpose of illegal possession of public or private property, shall not be punished as fraud, such as crime of trafficking in women and children, burglary by defrauding personal information, and so on. The object of the crime of fraud is limited to the property of the state, the collective or the individual. For example, defrauding personal credit card information, credit card fraud is established. Defrauding loans from financial institutions and establishing the crime of loan fraud;
4. defrauding public and private property by fraud. Deliberately concealing the truth or deliberately fabricating facts, so that the other party falls into a wrong understanding and makes an untrue expression of meaning. This kind of fraud includes not only the concealment of words, but also the omission that makes the other party fall into a wrong understanding.
Legal basis: Article 266 of the Criminal Law of People's Republic of China (PRC).
If the crime of fraud defrauds public or private property, and the amount is relatively large, it 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; 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. Where there are other provisions in this Law, such provisions shall prevail.