Judicial interpretation of telecommunication network fraud crime

The judicial interpretation of telecom fraud is "Opinions on Several Issues Concerning the Application of Laws in Handling Criminal Cases such as Telecommunication Network Fraud", in which the specific fraud acts listed include impersonating the staff of state organs to commit fraud; Fraud is carried out in the name of social charity such as disaster relief and fundraising, and fraud is carried out by using hidden technical means such as "phishing website" links.

Telecommunication network fraud includes crimes of infringing citizens' personal information, fraud, obstruction of credit card management and illegal business operation. 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.

How long is the golden time for telecom fraud recovery?

The prime time to recover telecom fraud is within 20 minutes after the transfer. During this period, if the parties report to the police, the public security organs have a greater chance to freeze their accounts, recover losses, and impose criminal penalties on criminals according to law.

The difference between telecom fraud and network fraud lies in:

1. Telecommunication fraud refers to a criminal act in which criminals fabricate false information and set up scams by telephone, internet, text messages, etc., and conduct remote and non-contact fraud on victims to induce them to make money or transfer money to criminals. Using telecommunications network technology to commit fraud, defrauding public and private property worth more than 3,000 yuan can be sentenced, and defrauding public and private property worth more than 500,000 yuan can be sentenced to life imprisonment;

2. Internet fraud refers to the act of fabricating facts or concealing the truth by using the Internet for the purpose of illegal possession, and defrauding a large number of public and private property.

I hope the above content can help you. If in doubt, please consult a professional lawyer.

Legal basis:

Article 4 of the Opinions on Several Issues Concerning the Application of Laws in Handling Criminal Cases such as Telecommunication Network Fraud.

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) Sending more than 5,000 fraudulent messages, or making more than 500 fraudulent calls; (2) Publishing fraudulent information 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).