1. What penalties will telecom fraud face?
Article 266 of the Criminal Law stipulates: "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. "
Paragraph 4 of Article 2 of the Opinions of the Supreme People's Court, Ministry of Public Security of the Supreme People's Procuratorate on Several Issues Concerning the Application of Laws in Handling Criminal Cases such as Telecommunication Network Fraud stipulates:
If a criminal suspect or defendant commits telecommunication network fraud and actually defrauds property, he shall be convicted and punished for fraud (accomplished). The amount of fraud is difficult to verify, but under any of the following circumstances, it shall be deemed as "other serious circumstances" as stipulated in Article 266 of the Criminal Law, and shall be convicted and punished for fraud (attempted):
1。 Send more than 5000 scam messages or make more than 500 scam calls;
2。 Fraudulent information was posted on the Internet with more than 5000 views.
With the above circumstances, the number reaches more than ten times the corresponding standard, which shall be deemed as "other particularly serious circumstances" as stipulated in Article 266 of the Criminal Law, and shall be convicted and punished for fraud (attempted).
The above-mentioned "making fraudulent phone calls" includes making fraudulent phone calls and answering the victim's call back. If you repeatedly dial and answer the same phone number and send fraudulent information to the same victim, the number of times you dial and answer the phone and the number of times you send short messages shall be calculated cumulatively.
If it is difficult to collect evidence of the number of phone calls and text messages sent because the criminal suspect or defendant intentionally conceals or destroys the evidence, it can be comprehensively identified according to the verified daily number of phone calls and text messages, combined with the time when the criminal suspect or defendant committed the crime, the confession of the criminal suspect or defendant and other relevant evidence.
Second, how is telecom fraud defined?
Telecom fraud refers to the criminal behavior that criminals fabricate false information and set up scams by telephone, internet, SMS, etc., and implement remote and non-contact fraud on the victims to induce the victims to remit or transfer money to the criminals.
Telecom fraud refers to the criminal act of fabricating false information and setting up a scam by telephone, internet, SMS, etc., to induce the victim to make money or transfer money in a long-distance and non-contact way. Usually, the purpose of cheating is achieved by impersonating others and forging various legal coats and forms, such as impersonating public security law, commercial company manufacturers, state organ staff, bank staff and other institutions, forging and impersonating recruitment, billing, loans, mobile phones and so on.
At present, there are many social telephone frauds. Some people pretend to be acquaintances or bosses to defraud money. For many people, they were cheated and destroyed, and some even committed suicide. For those who receive phone fraud, don't be cheated for petty gain. When they are cheated of money, don't worry, don't be afraid to call the police in time, let the public security organs find the suspect and recover the cheated money.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Article 266 of the Criminal Law of People's Republic of China (PRC).
If the crime of fraud defrauds public or private property, and the amount is relatively large, it 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.