Is telecom fraud a criminal case?

Telecom fraud cases are not all criminal cases. When telecom fraud constitutes a criminal offence, the public security organ will file a case according to the criminal case. Fraud through SMS, radio and television for many times may constitute a crime of fraud, and generally it will be punished with fixed-term imprisonment of not more than three years, criminal detention or public surveillance. Telecommunication fraud refers to the criminal behavior that criminals fabricate false information and set up a scam by telephone, internet, SMS, etc., and then conduct long-distance and non-contact fraud on the victim to induce the victim to make money or transfer money to the criminal. False information fraud, a non-contact fraud crime, has developed rapidly with the help of mobile phones, fixed telephones, the Internet and other communication tools and modern technology, causing great losses to the people. Fraud refers to the act of defrauding a large amount of public or private property by fabricating facts or concealing the truth for the purpose of illegal possession.

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.

What is the sentencing standard for telecom fraud?

The sentencing standard of telecom fraud is:

1, if the amount is relatively large, it shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance;

2. If the amount is huge or there are 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;

3. 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.