What belongs to the scope of telecommunications fraud

Telecommunications fraud crime specifically refers to the use of cell phones, fixed-line phones, Internet phones, the Internet and other means of communication, by calling, sending text messages and other ways to defraud money, a class of cases that violate the property rights of citizens.

Telecommunications fraud should be recognized in this way:

1, the perpetrator has the purpose of unlawful possession; 2, the perpetrator has taken the method of fictitious facts or concealment of the truth (telephone or the Internet)

3, the foregoing methods are sufficient to make the victim to produce a false understanding and voluntary delivery of property; the amount of fraudulent acquisition of property is large.

I, what is telecom fraud

Telecom fraud to illegal possession for the purpose of fully utilizing the phone, network, text messages and other modern technological techniques and the target of long-distance communication, through the use of the name of the fraudulent use of the name, fictitious facts, and other means of fraudulent transfer of the victim's account deposits, so as to use the bank account interception of the stolen funds of the form of crime.

Telecommunications fraud and other fraud crimes are the same: the subject of the crime is the general subject; the subjective aspect of the performance of direct intent to illegally take possession of the victim's property for the purpose; object for the ownership of public and private property; objective aspect, the same is the use of fictitious facts or concealment of the truth of the various means of cheating the object of the amount of larger property behavior. In the objective aspect, telecommunication fraud consists of four parts: deceiving others, causing the victim to fall into cognitive error, the victim disposes of the property due to the error, and the perpetrator obtains the property. Therefore, at a time when the crime of wire fraud has not yet been formally legislated, it should be possible to categorize wire fraud as a type of fraud, and refer to the crime of fraud sentencing.

Two, what are the telecom fraud

1, telephone arrears: criminals posing as telecom department staff, police officers call the subject, informing them that their identity information has been fraudulently bundled with arrears of telephone and bank accounts, suspected of money laundering, the subject may be sentenced to imprisonment. Some subjects are eager to clarify their own, the phone number and deposit information to the lawless elements. This kind of fraud mostly use 019, 00019 the beginning of the network phone or "one pass" bundled with the phone.

2, card spending: criminals text message to remind cell phone users, said their bank cards have just been in a certain place card spending, and provide query phone. If the user calls back, he is told that the card may be copied and stolen, and should be encrypted on the atm machine, gradually being introduced into the "transfer trap".

3, notification of refunds: criminals posing as the tax office, post office, banks and other departments of the staff, falsely claiming that the tax rebate, refund of more money, etc., requiring the victim to transfer the money deposited to its designated bank card.

4, false winners: criminals to company celebrations or new product promotions as a reason to notify the victim of the grand prize, to cash prizes subject to income tax, fees, notary fees, and other costs as a reason to guide the victim will be the money remittance to the account they provide.

5, low-priced shopping: criminals sent to the victim of the sale of used cars and other false information, and to first pay a deposit, shipping costs and other costs to further processing for the reason that the request to the account provided by remittances, so as to achieve the purpose of fraud.

Three, telecom fraud crime characteristics

(A) the criminal subject of professionalization, group

Telecom fraud criminal gangs are increasingly tightly organized, and the division of labor is clear, each in its own way, generally by the technology, information, calls, transfers, withdrawals and other groups of people. The technical part is usually leased outside the server, relying on network loopholes and illegal operators to provide network platforms, and traditional communications network docking, through the VOIP network technology to implement criminal activities; information part of the purchase, theft and other means of obtaining personal information for use in the implementation of fraudulent activities; call part of the establishment of a criminal location within or outside the country, the organization of personnel specializing in dialing the fraudulent phone calls and group sending fraudulent SMS, etc., to lure people to fall for it; transfer, withdrawal part of the illegal means to obtain other people's identity card numbers and open online bank accounts, the person was deceived remittance, the suspect immediately in different off-site bank outlets to quickly transfer out of the stolen money. These parts of the criminals scattered and independent operation, although the next link does not know the operation of the previous link, but interdependent, tacit cooperation, operation of coherent, there are obvious characteristics of the group, professionalization.

(II) the means of crime technology, intelligent

Telecommunications fraud cases have been from the earliest use of cell phone text message senders, computer mass-mailing software, No. 1, 400 bundled telephone technology, has gradually developed to the use of Internet telephony, hacking technology, U Shield transfer and other technologies, 8 rapid escalation of technological means, can make its call over the phone in the victim's telephone caller display Out of any number it needs, and accompanied by the times, carefully speculate on the psychological changes of the victim, constantly updated "plot", assisted by a strong knowledge of social psychology to deceive the victim. At the same time, network technology is an important part of the survival of all telecommunications fraud crimes, the need for network technicians to maintain support, and through illegal network platforms to complete the crime of fraud. "Technical support personnel are mainly recruited from network forums on an ad hoc basis, or their 'circle' personnel introduced to each other.

(C) the intensification of social harm, diversification

Telecommunications fraud object and ordinary fraud case object is different, often does not have a targeted or confined to a particular range, as long as the phone, cell phone, network users can become the implementation of criminal behavior. Criminals more blind dialing by phone, SMS and other forms of widespread dissemination of fraudulent information, and in a very short period of time unlimited release of the spread, covering a wide range. Due to the expanding base of fraudulent objects, the number of defrauded people also increased. Criminals are also often named public security, the procuratorate, the court, the State Taxation and other names to cheat, serious damage to the image of the state organs, and the relevant units in carrying out their daily work, law enforcement and handling of cases in the process of affinity, credibility, resulting in a bad impact.

Legal basis:

Article 224 of the Criminal Law of the People's Republic of China, if one of the following circumstances, with the purpose of illegal possession, in the process of signing and fulfilling a contract, cheating the other party's property, the larger amount, shall be sentenced to less than three years' fixed-term imprisonment or detention, and a fine or a single fine; the amount of money is huge or other serious circumstances, shall be sentenced to more than three to ten years' fixed-term imprisonment and a fine of less than three years. The amount is particularly large or there are other particularly serious circumstances, shall be sentenced to more than ten years of fixed-term imprisonment or life imprisonment, and shall be punished by a fine or confiscation of property:

(1) a fictitious unit or fraudulently use the name of another person to sign a contract;

(2) with a forged, altered, canceled bills or other false proof of property rights as security;

(3) without the actual ability to perform, by first performing a small contract or partial performance of the contract, to entice the other party to continue to sign and perform the contract;

(4) receiving the other party's payment of goods, payments, advances, or secured property and then fled;

(5) other methods to obtain the property of the other party fraudulently.

Article 266 If the amount of fraudulent public or private property is relatively large, the person shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or control, and a fine or a single fine; if the amount is huge or there are other serious circumstances, the person shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years, and a fine; if the amount is particularly huge or there are other particularly serious circumstances, the person shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and a fine or confiscation of the property. Where this Law provides otherwise, it shall be in accordance with the provisions.