First, how to recover the defrauded funds?
There are several ways to recover funds after being cheated:
1, the parties can call the police and provide the police with corresponding property evidence and various information about the suspected fraudster;
2. Cheated money may not be recovered, and the probability is very low, which requires the cooperation of the victim and the attention of relevant departments;
3. As a victim, we should actively contact the police and provide as much and detailed information as possible to help solve the case, which is conducive to catching criminals as soon as possible and recovering losses;
After the police solve the case, if the money is squandered and the criminal has no other property to execute, the cheated money will not be recovered.
I. The characteristics of the crime of fraud are as follows:
1, object elements, the object of fraud is the ownership of others' property; The object of this crime is limited to the property of the state, the collective or the individual, not the interests obtained by deception;
2. The crime of fraud is mainly manifested in the fact that the perpetrator uses fraud or conceals the truth to defraud other people's property, with a large amount; The crime of fraud is not limited to defrauding others of tangible things, but also includes defrauding intangible things and property interests;
3. Subjective elements, the crime of fraud is mainly manifested in the subjective aspect that the perpetrator is a direct and intentional act with the purpose of illegally occupying other people's property;
4. Subject elements: The subject of the crime of fraud is a general subject, and any natural person who has reached the legal age of criminal responsibility and has criminal responsibility ability can constitute the crime of fraud.
Two, meet the following conditions constitute a crime of fraud:
1, the object of infringement is the ownership of public and private property;
2. Using fraudulent methods to defraud a large amount of public or private property;
3. The subject of the crime is a natural person who has reached the legal age of criminal responsibility and has the ability of criminal responsibility;
4. Subjectively, it is direct and intentional, with the purpose of illegally occupying public and private property.
To sum up, after being defrauded, the parties can call the police and provide the police with corresponding property evidence and various information of the fraud suspect. As a victim, we should actively contact the police and provide as much and detailed information as possible to help solve the case, which is conducive to catching criminals as soon as possible and recovering losses.
Second, how to get it back if you are cheated by using mobile banking?
1. When you find yourself cheated, you should immediately call the bank and temporarily freeze the liar's account. Tell the bank that this account is a liar's account. How much has this account just been transferred? Now we have called the police and need the bank to temporarily freeze this account. Therefore, banks will basically be temporarily frozen. 2. After the bank account is temporarily frozen, I need my ID card to go to the bank to unfreeze it. Under normal circumstances, scammers will not use their ID cards to apply for bank cards, and they can call the police. When calling the police, if there is a QQ chat record to report the case, he will explain the situation and print out the transfer record. 3. After calling the police, you need to go through judicial procedures, which takes about 2 days. You can take the bank to check the address and telephone number of the bank where the liar opens an account, and you can directly open the bank telephone number to freeze the account at any time. You can explain the situation to the bank and keep abreast of the account dynamics. After being defrauded of property, no matter whether it can be successfully recovered, you should call the police at the first time to safeguard your legitimate rights and interests. The victim should try his best to provide more clues related to the case to the police, so as to promote the detection of the case and facilitate the smooth recovery of the defrauded property.
Third, can an account with fraudulent remittance be used to arrest people?
Whether the fraudulent remittance account can be used to arrest people depends on how the police solve the case, but if there are clues, the police can usually arrest people. The victim knows the relevant clues and can call the police. If the accumulated fraud amount of the other party exceeds 2,000 yuan, it will reach the filing standard. After calling the police, the police will immediately give help and recover the victim's money as soon as possible.
The relevant legal basis of this article.
Article 266 of the Criminal Law of People's Republic of China (PRC) 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.