Telecom fraud 1 10,000 or more is a particularly huge fraud, and it will be sentenced to more than 10 years in prison. If the circumstances are particularly bad, they may be sentenced to life imprisonment. Telecom fraudsters use people's trust in relevant state institutions to defraud money and gain benefits, which is a very immoral behavior. We should actively guard against being cheated.
So far, the means of fraud are becoming more and more diverse, which makes people hard to prevent. But do it anyway, be alert in consciousness, and encounter this kind of fraud in objective behavior, and actively report it. Once it is established as a public prosecution case, the judge will make a judgment according to the facts.
The criminal characteristics of telecom fraud are:
1, criminal activities spread widely and developed rapidly. Criminals often take advantage of people's psychology of seeking advantages and avoiding disadvantages, and release false information to the masses by fabricating false telephone calls and text messages. In a very short time, the scope of publication is very wide, the scope of infringement is very large, so the scope of loss is also very wide;
2. The means of information fraud have been updated quickly. From the perspective of fraud excuses, it has developed from the initial winning fraud and consumption information to kidnapping, extortion, telephone arrears, car tax refund and so on. There are even various excuses such as posing as telecom personnel and public security personnel saying that you are involved in drug trafficking and money laundering. And said that the public security organs will investigate you like this. Deceptions are constantly being refurbished, and the frequency of renovation is high. Sometimes even a month or two will produce new tricks, which are hard to prevent;
3, gangs commit crimes and have strong anti-investigation ability. Criminal gangs generally adopt long-distance and non-contact fraud. The internal organization of criminal gangs is very strict. They adopt enterprise operation and have a fine division of labor. Some people are responsible for buying mobile phones, opening bank accounts, making phone calls and transferring money. The division of labor is very detailed, and the next process does not know the situation of the previous process. This also brings great difficulties to the public security organs;
4. Transnational crime is more prominent. Some criminals publish false information in China to deceive overseas personnel, and some often publish short messages abroad to deceive domestic personnel. There are also collusion and chain crimes at home and abroad, which are very hidden and difficult to crack down on.
To sum up, the sentencing standard of telecom fraud crime is: if the amount is large, it will be sentenced to fixed-term imprisonment of not more than three years; if the amount is huge, it will be sentenced to fixed-term imprisonment of 3- 10 years; if the amount is particularly huge, it can be sentenced to fixed-term imprisonment of not less than 10 years, depending on the seriousness of the case. Telecom fraud is a criminal act of fabricating false information, setting up a scam, and implementing remote and non-contact fraud on the victim through telephone, internet, SMS, etc., to induce the victim to make money or transfer money.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis:
Article 265 of the Criminal Code of People's Republic of China (PRC).
Whoever, for the purpose of making profits, steals another person's communication lines, copies another person's telecommunication code number, or knowingly uses the stolen or copied telecommunication equipment and facilities shall be convicted and punished in accordance with the provisions of Article 264 of this Law.
Article 264
Whoever steals public or private property in a large amount or many times 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; Under any of the following circumstances, he shall be sentenced to life imprisonment or death, and his property shall also be confiscated:
(a) theft of financial institutions, the amount is particularly huge;
(2) stealing precious cultural relics, if the circumstances are serious.
Article 266 of the Criminal Law of People's Republic of China (PRC)
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 shall 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.
Article 1 of the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases of Fraud.
Those who defraud public or private property in an amount of more than 3,000 yuan but less than 10,000 yuan, more than 30,000 yuan but more than 100,000 yuan and more than 500,000 yuan are respectively deemed as "a large amount", "a huge amount" and "a particularly huge amount" as stipulated in Article 266 of the Criminal Law.
The higher people's courts and people's procuratorates of all provinces, autonomous regions and municipalities directly under the Central Government may, in combination with the economic and social development of the region, jointly study and determine the specific amount standards implemented in the region within the scope of the amount specified in the preceding paragraph, and report them to the Supreme People's Court and the Supreme People's Procuratorate for the record.
second
Fraud of public or private property reaches the amount standard stipulated in Article 1 of this Interpretation, and under any of the following circumstances, a heavier punishment may be imposed as appropriate in accordance with the provisions of Article 266 of the Criminal Law:
By sending short messages, making phone calls or publishing false information through the Internet, radio and television, newspapers and magazines, etc. , fraud is not specific to most people;
Telecom fraud 1 10,000 or more is a particularly huge fraud, and it will be sentenced to more than 10 years in prison. If the circumstances are particularly bad, they may be sentenced to life imprisonment.