How many years in prison for telecom fraud?

Telecom fraud is sentenced to a minimum of three years in prison and a maximum of life imprisonment.

According to the Criminal Code of People's Republic of China (PRC):

Article 266? Whoever defrauds public or private property in a relatively large amount 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.

According to the 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 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.

Article 2 Whoever swindles public or private property to the amount specified in Article 1 of this Interpretation and publishes false information by sending short messages, making phone calls or using the Internet, radio and television, newspapers and magazines, etc. , can be given a heavier punishment according to the provisions of Article 266 of the Criminal Law.

Extended data

Case:

In Lingao County, Hainan Province, criminals used "phishing websites" to commit telecom fraud, causing 490 victims to fall into the telecom fraud trap. The case was examined by the Procuratorate of Yangpu Economic Development Zone, Hainan Province, and a public prosecution was brought to the court. After the judgment of first instance on August 26th, 2008, six defendants, including Chen Chaoda, refused to accept the judgment and appealed.

2065438+February 2006, a telecom fraud case occurred in Lingao County, which used phishing websites to defraud other people's money, involving more than one million yuan and 490 victims. The Hainan Provincial Public Security Department appointed Yangpu police to detect the case in one fell swoop, and eight people involved were arrested.

Police investigation confirmed that during the period of 20 15 to 12, Chen Chaoda and Chen found Hou and Xi Ke who sold "phishing websites" by looking for ways to add QQ groups. Two brothers, Hou and Xike, bought many "phishing websites" containing fake websites of China Construction Bank at prices ranging from 200 yuan to 500 yuan.

After buying the "phishing website", Chen Chaoda and his brothers began to edit the relevant links of the "phishing website", and successively edited false SMS links such as China Construction Bank's points exchange and China Mobile's phone bill recharge fraud. Then, they advertised in QQ group, looking for "partners" with "pseudo base stations" machinery and equipment, and entrusted them to send fraudulent short messages.

2065438+On August 26th, 2008, the court of first instance sentenced seven defendants, including Chen Chaoda and Chen, to fixed-term imprisonment ranging from fourteen years to three years, with suspended sentences ranging from four years. Fines ranging from 400,000 yuan to 30,000 yuan were imposed respectively. Chen Xiaofang was sentenced to two years in prison for helping to destroy evidence. A few days ago, the Second Intermediate People's Court of Hainan Province made a final ruling, dismissed the appeal and upheld the original judgment.

China Court Network-People's Republic of China (PRC) Criminal Law

Baidu Encyclopedia-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

People's Network-Telecom Fraud Becomes a Social Cancer? The phishing website "fished" millions.