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What are the consequences of black online lending?
Black online loans are operated by overseas criminal gangs, and the domestic police are helpless about this modus operandi. Black online loans are private transfers, and the next payment is mandatory. After the next payment, the other party will lose contact and contact the victim for repayment after the expiration, causing the illusion of overdue and demanding high interest. The APP of black online loan is actually a virus software. Stealing the address book in the victim's mobile phone without the victim's knowledge, as a threat to ask the victim for high interest. If the victim doesn't give it, he will collect it violently and blow up the address book. If he does, he will continue to blackmail. The amount of black online loans is generally very small, ranging from 900 to 4000, and the term is very short, usually about 5 days. The essence of black online lending is an illegal and criminal act, which demands money from the victim by extortion. Black online loans cleverly take advantage of the curious nature of the public, luring victims to download registered apps and steal important information of mobile phones under the guise of calculating quotas, zero interest rates and giving gifts. Black online loans mostly contact victims through friends' introductions, text messages, WeChat links, unfamiliar website links, Tik Tok headlines and other media. In case of violent collection, seek the help of a lawyer in time, and keep a clear head. Don't be intimidated by the other party and lose your judgment. Remember to deal with black online loans in the right way, so as to avoid the other party bursting your address book and affecting all aspects of your life. Don't blindly repay when you encounter black online loans. We just need to repay the principal in the right way to avoid your economic loss.
Legal basis:
Article 253 of the Criminal Law of People's Republic of China (PRC) violates the relevant provisions of the state by selling or providing citizens' personal information to others. If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also or only be fined; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.
Whoever, in violation of the relevant provisions of the state, sells or provides others with personal information of citizens obtained in the course of performing their duties or providing services shall be given a heavier punishment in accordance with the provisions of the preceding paragraph.
Whoever steals or illegally obtains citizens' personal information by other means shall be punished in accordance with the provisions of the first paragraph.
Interpretation of some problems on the specific application of law in handling criminal cases of fraud
Article 1 Whoever swindles public or private property in an amount of over 3,000 yuan, over 30,000 yuan, over 100,000 yuan and over 500,000 yuan shall be deemed as "large amount", "huge amount" or "especially huge amount" as stipulated in Article 266 of the Criminal Law respectively.
The higher people's courts and people's procuratorates of all provinces, autonomous regions and municipalities directly under the Central Government may, in combination with the economic and social development of the region, jointly study and determine the specific amount standards implemented in the region within the scope of the amount specified in the preceding paragraph, and report them to the Supreme People's Court and the Supreme People's Procuratorate for the record.
Article 2 Whoever defrauds public or private property to the amount specified in Article 1 of this Interpretation, under any of the following circumstances, shall be given a heavier punishment according to 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.
Article 3 Although swindling public or private property meets the standard of "large amount" as stipulated in Article 1 of this Interpretation, if the perpetrator pleads guilty or repents, he may not be prosecuted or be exempted from criminal punishment according to the provisions of Article 37 of the Criminal Law and Article 142 of the Criminal Procedure Law:
Having a statutory lenient punishment;
(2) Before the verdict is pronounced in the first instance, all the stolen money and compensation money have been returned;
(three) did not participate in the distribution of stolen goods or less stolen goods and not the principal;
(4) the victim understands;
(5) Other circumstances are minor and harmless.
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