Is it illegal to send fraudulent text messages?

Sending fraudulent text messages is not necessarily illegal.

1. What is telecom fraud?

Telecom fraud refers to the criminal act of fabricating false information and setting up a scam by telephone, internet, SMS, etc., to induce victims to make money or transfer money in a long-distance and non-contact way. Usually, the purpose of cheating is achieved by impersonating others and forging various legal coats and forms, such as impersonating public security law, commercial company manufacturers, state organ staff, bank staff and other institutions, forging and impersonating recruitment, marriage, loans, winning prizes and so on.

Second, the characteristics of telecom fraud crime

1, criminal activities spread widely and developed rapidly. Criminals often take advantage of people's psychology of seeking advantages and avoiding disadvantages, and release false information to the masses by fabricating false telephone calls and text messages. In a very short time, the scope of publication is very wide, and the scope of infringement is very large, so the scope of loss is also very wide.

2. The means of information fraud are updated very quickly. At first, I just bought a "local cannon" with very little money to get short messages, and later it developed into any software and radio station that displayed numbers. On the internet, this has become a highly intelligent scam. From the perspective of fraud excuses, from the most primitive winning fraud and consumption information to kidnapping, extortion, telephone arrears, car tax refund and so on. Criminals can always come up with all kinds of tricks. It's like "guess who I am", and some even send money directly for fraud. Everyone may have received this kind of fraud. Everyone thought it was strange at first. Can this kind of deception cheat money? You can really cheat money. Because many people in China are doing business and have rich contacts with each other, we agreed to give you a sum of money in business. I just received this news, so I made a sum of money. There are even various excuses such as posing as telecom personnel and public security personnel saying that you are involved in drug trafficking and money laundering. And said that the public security organs will investigate you like this. Deceptions are constantly being refurbished, and the frequency of renovation is high. Sometimes even a month or two will produce new tricks, which are hard to prevent.

3, gangs commit crimes and have strong anti-investigation ability. Criminal gangs generally adopt long-distance and non-contact fraud. The internal organization of criminal gangs is very strict. They adopt enterprise operation and have a fine division of labor. Some people are responsible for buying mobile phones, opening bank accounts, making phone calls and transferring money. The division of labor is very fine, and the next process does not know the situation of the previous process. This has also brought great difficulties to the public security organs.

4. Transnational crime is more prominent. Some criminals publish false information in China to deceive overseas personnel, and some often publish short messages abroad to deceive domestic personnel. There are also collusion and chain crimes at home and abroad, which are very hidden and difficult to crack down on.

legal ground

Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases of Fraud Article 2 Whoever cheats public or private property to the amount standard specified in Article 1 of this Interpretation and has any of the following circumstances may be given a heavier punishment as appropriate in accordance with the provisions of Article 266 of the Criminal Law:

(1) Sending short messages, making phone calls or publishing false information through the Internet, radio and television, newspapers and magazines, etc., defrauding an unspecified majority;

(2) defrauding disaster relief, emergency rescue, flood control, special care, poverty alleviation, immigration, relief and medical funds and materials;

(three) fraud in the name of disaster relief fund-raising;

(four) defrauding the disabled, the elderly or the disabled;

(5) Causing the victim to commit suicide, mental disorder or other serious consequences.

If the amount of fraud is close to the standards of "huge amount" and "extremely huge amount" as stipulated in Article 1 of this Interpretation, and it falls into one of the circumstances as stipulated in the preceding paragraph or belongs to the ringleader of a fraud group, it shall be deemed as "other serious circumstances" and "other particularly serious circumstances" as stipulated in Article 266 of the Criminal Law respectively.