Legal analysis: (1) According to Article 1 of the "Interpretations of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Fraud", telecommunications network technology is used to commit fraud, both public and private. If the value of property is more than 3,000 yuan, more than 30,000 yuan, or more than 500,000 yuan, it shall be deemed as "relatively large amount", "huge amount" and "especially huge amount" as stipulated in Article 266 of the Criminal Law respectively. "If multiple telecommunications network frauds are committed within two years but are not dealt with, and the cumulative amount of fraud constitutes a crime, he shall be convicted and punished in accordance with the law. (2) If the telecommunications network fraud crime is committed, reaching the corresponding amount standard, and one of the following circumstances occurs, he shall be severely punished as appropriate :
1. Causing serious consequences such as suicide, death or mental disorder of the victim or his close relatives;
2. Pretending to be a staff member of a judicial or other state agency to commit fraud;
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3. Organize and direct telecommunications network fraud criminal gangs;
4. Commit telecommunications network fraud overseas;
5. Commit telecommunications network fraud overseas . Those who have received criminal penalties for telecommunications network fraud or have received administrative penalties for telecommunications network fraud within two years;
6. Fraudulent persons with disabilities, the elderly, minors, school students, and people who have lost the ability to work. Fraudulent property, or defrauding patients with serious diseases and their relatives;
7. Defrauding disaster relief, emergency rescue, flood prevention, welfare, poverty alleviation, immigration, relief, medical treatment, etc. Funds;
8. Fraud in the name of social welfare and charity such as disaster relief and fundraising;
9. Using technical means such as telephone paging systems to interfere with the work of public security organs and other departments ;
10. Use "phishing" links, "Trojan" program links, network penetration and other hidden technical means to commit fraud
Legal basis: "The People's Republic of China **** and." Article 266 of the National Criminal Law
Whoever defrauds public or private property and the amount is relatively large shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or solely be fined; if the amount is huge or there are other serious If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years, and if the amount involved is particularly huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years or to life imprisonment. The offender shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and shall also be fined or have property confiscated. If this law provides otherwise, the provisions shall prevail.
Article 192: Whoever uses fraudulent methods to illegally raise funds for the purpose of illegal possession, and the amount is relatively large, shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; 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 seven years; shall be sentenced to fixed-term imprisonment of not less than seven years or life imprisonment, and shall also be fined or have property confiscated.
If a unit commits the crime in the preceding paragraph, the unit shall be fined, and the person directly in charge and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph.