Ms. Wang received a call from a self-proclaimed "mobile dispatcher", saying that she had checked into a hotel in the epidemic control area and would be quarantined for 14 days. Surprised, Ms. Wang said that she had not been there recently, but the other party said that "concealing the itinerary will be investigated" and "it must be transferred to a safe account, otherwise the bank card will be frozen".
Criminals use the identity of epidemic prevention personnel to obtain the identity information of the elderly for fraud. How to punish them?
Answer:
Epidemic prevention personnel are public officials. Pretending to be a public official, if it has not caused serious consequences, shall bear the responsibility of administrative punishment, if it has caused serious consequences, shall bear criminal responsibility. Simply pretending to be a public official, such as boasting that you are the leader of the agency, may be due to the vanity of the actor. This kind of behavior does not constitute a crime in criminal law, but at most it is criticism, education and moral condemnation. However, if impersonating a public official has other intentions, such as impersonating the identity or professional title of the staff of the relevant organ to commit fraud, it is a crime of swindling and cheating. Secondly, even if you are a public official, pretending to be a public official with a higher title than yourself or other public officials will still constitute this crime. The crime of swindling and cheating belongs to the crime of behavior. As long as the perpetrator pretends to be a public official, he should be treated as a crime in principle and should be investigated. Article 279 of the Criminal Law of People's Republic of China (PRC), whoever pretends to be a staff member of a state organ to swindle and swindle, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights; If the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years. Whoever impersonates the people's police to swindle and cheat shall be given a heavier punishment in accordance with the provisions of the preceding paragraph.
Analysis:
Article 266 of the Criminal Law stipulates that 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.
How to distinguish "rogue" calls from fraudulent calls?
The content is different.
Streaming will ask for some personal information. Most questions about telephone consultation are as follows:
Personal information: name, age, place of residence, number of people in the family, current location, etc.
Health status: recent discomfort, recent medical treatment, fever and cough, nucleic acid detection, etc.
History of stay in epidemic areas: whether you have been to epidemic areas, stayed and visited places.
Close contact history of cases: passengers in the same car, close communicators, family members, colleagues and classmates, onlookers, etc.
Means of transportation: whether to take plane, train, car, ship, etc.
Other necessary information: information that is only useful for disease prevention and control.
Common routines of "traffic fraud"
1. Selling "specific drugs" on the grounds that the nucleic acid test results are abnormal and COVID-19 may be infected.
2. Asking for personal asset information on the grounds that it is suspected of deliberately concealing the itinerary of the risk area, threatening to take compulsory measures and freezing assets.
3. SMS prompts you to go somewhere to do nucleic acid sampling and ask for information.
4. Pretending to be a courier company, saying that the parcel is positive and needs to be destroyed; Claim for information.
Pretending to be a public security officer, claiming that there is a phone number under his name in a dangerous area, which needs compulsory isolation and information.
Tip:
The transferor will not do the following:
1. Ask questions unrelated to the spread of the disease, such as property.
2. Send a QR code for you to scan casually.
3. Ask for your bank card number, password or verification code.
4. Send a link that you can click at any time.
5. Sell any products or ask you to pay for any reason.
6. Let you transfer money for any reason and carry out the so-called "fund verification".