How does the “cancer” of telecommunications fraud survive?

How does the "cancer" of telecommunications fraud survive?

The key is that someone is taking advantage or being deceived.

Fraud refers to the act of defrauding large amounts of public or private property by fabricating facts or concealing the truth for the purpose of illegal possession. How much can a case of telecommunications fraud be filed?

New laws and regulations have been introduced for telecommunications fraud. Together with the previous relevant laws and regulations, a comprehensive analysis is as follows:

1. Amount standard: "Supreme People's Court" , the Supreme People's Procuratorate's Interpretation on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases of Fraud" stipulates that the standards for criminalization and upgrading are within a range, while the "Opinions on Several Issues Concerning the Application of Law in Handling Criminal Cases of Telecommunications and Internet Fraud" adopt The lowest standard among them. However, it should be noted that the specific criminalization and upper-level standards for fraud are stipulated by each province, and the regulations in many provinces are not the lower limit. Of course, the criminalization standards for telecommunications fraud are special regulations and take precedence over ordinary regulations. This may lead to a situation where ordinary fraud of 3,000 yuan is not guilty, while telecommunications fraud of 3,000 yuan constitutes a crime of fraud.

What needs to be noted here is that although the effectiveness of judicial interpretations depends on the provisions of the criminal law, it also has the principle of "contemplating the old and taking the lenient" (the specific legal basis is the Supreme People's Court and the Supreme People's Procuratorate's Regulation on the Application of Criminal Justice Article 3 of the provisions explaining the issue of temporal validity). Therefore, telecommunications fraud committed during the period from April 8, 2011 to December 20, 2016 is still subject to a higher criminal standard. That is to say, the crime standard for fraud in Province

2. "Close" to the upper level standard + plot = upper level. Although the amount of fraud does not reach the standard for raising the sentence by one level, the amount that is close to the standard and there are certain circumstances can still be considered to meet the standard for raising the sentence by one level. Both the "Fraud Interpretation" and the "Telecom Fraud Opinions" have this provision, but the "Fraud Interpretation" does not specify how close "close" is, but the "Telecom Fraud Opinions" stipulates that it is more than 80%, and the standard is the same It can be used as a "close" standard for general fraud.

However, it should be noted that the superior circumstances in the "Explanation of Fraud" can be applied to telecommunications fraud, but the superior circumstances in the "Opinions on Telecommunications Fraud" cannot be applied to general fraud.

3. The new telecommunications fraud standard of "releasing fraudulent information on the Internet with a cumulative page view of more than 5,000 times" has been added.

The original "Fraud Interpretation" only stipulated the two standards of sending 5K pieces of information and making 500 phone calls. In addition, the "Opinions on Telecom Fraud" clearly stipulates that "number of phone calls" includes repeated calls to the same phone number.

In summary, whether telecommunications fraud constitutes a crime must be comprehensively judged from the aspects of the amount involved, the time when the behavior was committed, and the circumstances of the behavior. In short, in terms of amount alone, if telecommunications fraud was committed after December 20, 2016, 3,000 yuan is enough to file a case. 11.30 How to claim telecommunications fraud

Report the case to the public security organ. Although your amount does not constitute a crime of fraud, if the group commits multiple crimes and reaches a certain amount, it should constitute a crime of fraud, and the public security organ can file a case. deal with.

Of course, if you can find a fraud group, you can claim rights against it. If the ringleader of the group is held criminally responsible, etc., you can file a criminal incidental civil lawsuit. How does telecommunications fraud deceive people

Hello, Hunan Telecom Online Business Hall will answer your questions. Generally, the scams of telecommunications fraud are nothing more than:

1. You won the prize

2. Malicious overdraft on your credit card

3. Pretending to be a public security officer

4. My bank card is broken, please transfer money to XXX5. Guess who I am? These types.

In fact, scammers mainly take advantage of the greed and fear of many people. We still need to keep a cool head when it comes to telecommunications fraud, do not believe it easily, and try to contact relevant departments or friends in person. In addition, don’t run around naked on your phone. It’s best to install security software like Tencent Mobile Manager. Telecommunications fraud occurs every year. What happens when a "celebrity" encounters a scam?

You can install Tencent Mobile Manager to turn on the harassment interception mode to accurately intercept harassment and fraud calls and text messages. Recently, Tencent Mobile Manager has launched an upgraded version of iOS anti-harassment for iOS users, adding a new spam text message filtering function, providing iPhone users with full-scenario anti-harassment protection.

How difficult is it to solve telecommunications fraud cases?

Tencent Mobile Manager in the mobile phone can detect and prevent mobile application signals. Fine-grained permission configuration is performed on the security gateway to ensure the security of access terminals; at the same time, the security gateway supports the function of not allowing clients to access other Internet networks at the same time when accessing the corporate intranet, further ensuring Access security.

The file transmission system ensures safe, reliable and efficient large data transmission between employees and company intranet resources, corporate intranet and data center. How does the law control telecommunications fraud?

The penalty reference is as follows

"Interpretations 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" Article 1 Fraud of public and private property Those with a value of 3,000 yuan to more than 10,000 yuan, 30,000 yuan to more than 100,000 yuan, and more than 500,000 yuan shall be deemed as "relatively large amount" or "huge amount" as stipulated in Article 266 of the Criminal Law respectively. , "The amount is particularly huge."

The higher people's courts and people's procuratorates of each province, autonomous region, and municipality directly under the Central Government may, based on the economic and social development conditions of the region, jointly study and determine the specific amount standards to be implemented in the region within the amount range specified in the preceding paragraph. , reported to the Supreme People's Court and the Supreme People's Procuratorate for filing.

Article 2

If the amount of defrauding public or private property reaches the amount standard stipulated in Article 1 of this Interpretation and any of the following circumstances occurs, the person may be punished in accordance with the provisions of Article 266 of the Criminal Law Severe punishment as appropriate:

(1) Those who defraud an unspecified majority of people by sending text messages, making phone calls, or releasing false information through the Internet, radio and television, newspapers and magazines, etc.;

Article 5

Anyone who attempts fraud, targets a huge amount of property, or has other serious circumstances shall be convicted and punished.

Using telecommunications technology means such as sending text messages, making phone calls, and the Internet to defraud an unspecified majority of people. The amount of the fraud is difficult to verify, but if one of the following circumstances occurs, it shall be deemed as Article 26 of the Criminal Law. "Other serious circumstances" stipulated in Article 16 shall be convicted and punished as fraud (attempted):

(1) Transmitting more than 5,000 pieces of fraud information;

(2) Making calls There are more than 500 fraudulent calls;

(3) The fraud methods are bad and the harm is serious.

Whoever commits the acts specified in the preceding paragraph and the quantity reaches more than ten times the standards specified in Items (1) and (2) of the preceding paragraph, or the fraud means are particularly egregious and the harm is particularly serious, shall be deemed to be guilty of the second crime of the Criminal Law. "Other particularly serious circumstances" stipulated in Article 166 shall be convicted and punished as fraud (attempted).

"Criminal Law of the People's Republic of China"

Article 266

Whoever defrauds public or private property, if the amount is relatively large, shall be sentenced to three years in prison The following fixed-term imprisonment, criminal detention or surveillance, and concurrently or solely with a fine; if the amount is huge or there are other serious circumstances, the sentence shall be not less than three years but not more than 10 years of fixed-term imprisonment, and a fine; if the amount is particularly huge or there are other particularly serious circumstances, the sentence shall be shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and shall also be fined or have property confiscated. If this law provides otherwise, the provisions shall prevail. What will happen if you are caught for telecom fraud

Tencent Mobile Manager is based on four major tools: the anti-telecom network fraud expert think tank, Tencent Security Cloud Library, Eagle Eye Smart Anti-Phone Fraud Box, and Kirin fake base station real-time detection system. Relying on the largest number identification database in the industry, and at the same time creating an original fake base station comprehensive identification technology, it can achieve the most accurate interception of harassment and fraud text messages in the industry. How will a telecom fraud case be filed?

Victims whose property has been defrauded can report it in time. , the public security organs will review and determine the nature of the case based on the specific circumstances. The case will only be filed if it is indeed a fraud and meets the local standards for filing a fraud crime (more than three thousand). How to sentence telecommunications fraud?

Telecommunications fraud refers to criminals fabricating false information and setting up scams through phone calls, the Internet and text messages to carry out remote, non-contact fraud on victims and induce them to A crime in which the victim sends money or transfers money to criminals. Telecommunications fraud is a new type of criminal fraud. The country has been punishing it severely and has carried out many special crackdowns and rectifications.

On April 7, 2011, the Supreme Court issued the "Interpretations 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." According to the explanation, telecommunications fraud will be severely punished. This judicial interpretation came into effect on April 8, 2011.

The explanation and clarification of the conviction and sentencing standards for fraud crimes, combined with the actual economic and social development of our country and the incidence of fraud crimes, increased the minimum threshold for conviction from the original 2,000 yuan to 3,000 yuan. According to the explanation, defrauding public and private property worth 3,000 yuan to more than 10,000 yuan is a "large amount" stipulated in the criminal law, 30,000 yuan to more than 100,000 yuan is a "huge amount", and more than 500,000 yuan is a "particularly huge amount."

The explanation stipulates that telecommunications fraud is a circumstance that may be severely punished as appropriate, and stipulates 5 situations where severe punishment may be imposed: by sending text messages, making phone calls, or using the Internet, radio and television, newspapers and magazines, etc. Releasing false information to defraud an unspecified majority of people; defrauding disaster relief, emergency rescue, flood prevention, special care, poverty alleviation, immigration, relief, and medical funds and materials; defrauding the disabled, the elderly, or those who have lost money in the name of raising funds for disaster relief; property of a person capable of working; causing the victim to commit suicide, become mentally disturbed or have other serious consequences.

The explanation stipulates that those who attempt fraud, target huge amounts of property, or have other serious circumstances shall be convicted and punished. Use telecommunications technology means such as sending text messages, making phone calls, and the Internet to defraud an unspecified number of people. The amount of the fraud is difficult to verify, but more than 5,000 pieces of fraudulent information are sent, or more than 500 fraudulent calls are made, and the fraud means are bad and the harm is serious. , should be deemed as "other serious circumstances" stipulated in the criminal law, and be convicted and punished as fraud (attempted).

The explanation also stipulates that those who knowingly provide other people with credit cards, mobile phone cards, communication tools, communication transmission channels, network technical support, expense settlement and other assistance while knowingly committing fraud crimes shall be punished with the same crime. .

In addition, the explanation also clarifies the circumstances under which lenient punishment can be given, stipulating that if the property of a close relative is defrauded, and the close relative understands, it generally does not need to be treated as a crime. If it is indeed necessary to pursue criminal liability, the specific handling should also be Be lenient where appropriate.