1. Can telecom fraud recover funds?
Generally speaking, it is difficult to get it back. If the fraudster didn't transfer the money, it would be easier to transfer the money back. If the criminal has moved the money, it will be difficult to get it back. Generally speaking, criminals can only be arrested if they report the case to the public security organ. It is difficult to recover the cheated money. Therefore, in order to prevent greater losses, the best way is to be vigilant and not to trust information such as winning prizes easily.
Second, the crime of fraud will be sentenced to several years.
1, under any of the following circumstances, he shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance, and shall also or only be fined:
(1) Those who cheat less than 4,000 yuan shall be fined; Between 4,000 yuan and 5,000 yuan, it is public surveillance; 5,000 yuan, three months of criminal detention, and each increase of 1670 yuan will increase the sentence by one month; 1000 yuan, for six months in prison, each increase of 1000 yuan, the sentence will be increased by one month;
(2) Under any of the circumstances stipulated in Article 131 of the Criminal Law, if it is planned to be sentenced to criminal detention, it will be upgraded to fixed-term imprisonment; Those who intend to be put under control or fined will be upgraded to criminal detention.
2. Under any of the following circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years:
(1) Whoever cheats 40,000 yuan shall be sentenced to three years' imprisonment, and the term of imprisonment shall be increased by one month for every additional 2,000 yuan.
3, one of the following circumstances, more than ten years in prison:
(1) whoever cheats 200,000 yuan shall be sentenced to 10 years in prison, and the sentence will be increased by one month for every additional 4,000 yuan.
4. In any of the following circumstances, the penalty is 10%:
(1) ringleaders of fraud groups or principals of major fraud crimes;
(two) recidivist or fugitive crime, causing serious harm;
(3) defrauding a legal person, other organization or individual of the means of production urgently needed, which seriously affects production or causes other serious losses;
(four) defrauding disaster relief, emergency rescue, flood control, special care, relief, medical care and other funds and materials, resulting in serious consequences;
(5) Spending fraudulent property, which makes it impossible to return the fraudulent property;
(six) the use of fraudulent property for illegal and criminal activities;
(7) Causing the victim's death, mental disorder or other serious consequences;
(8) The defendant was sentenced for a crime or given an administrative punishment for fraud;
(9) Committing fraud 10 times or more.
5. In any of the following circumstances, probation is not applicable:
(1) Return stolen goods or compensation;
(2) Accepting property punishment voluntarily;
(3) One of the circumstances specified in Article 131 of the Criminal Law.
In contemporary society, there are many online frauds, and criminals use more and more criminal means, including telecom fraud. However, no matter what kind of fraud, it needs to be punished in accordance with the provisions of fraud, and the premise must be in line with the constituent elements of fraud in China's criminal law. Only in this way can it be properly handled.