In general, if the value of public or private property is more than 3,000 yuan, the public security organ shall file a case. Those who use telecommunication network technology to commit fraud and defraud public and private property in an amount of more than 3,000 yuan, more than 30,000 yuan and more than 500,000 yuan shall be respectively identified as "a large amount", "a huge amount" and "a particularly huge amount" as stipulated in Article 266 of the Criminal Law. Whoever commits telecommunication network fraud for many times within two years without treatment and the accumulated amount of fraud constitutes a crime shall be convicted and punished according to law.
First, the provisions of the law on telecom fraud.
There are generally two types of telecom fraud. One is to steal other people's communication lines or copy other people's telecom numbers to cheat others' money, and the other is to dial directly or pretend to dial with your own communication equipment or number to cheat others' money.
In the criminal law, for the purpose of making profits, stealing other people's communication lines or copying other people's telecommunications numbers, or knowingly using equipment or facilities that steal other people's lines or copy other people's numbers; For the purpose of illegal possession, it is a crime of fraud to defraud public and private property by fictional facts or concealing the truth.
The above two provisions apply to two kinds of telecom fraud. In the criminal law, whoever commits telecommunication fraud shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or control, and shall also 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.
Second, the filing standard of telecom fraud
According to the Interpretation 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, those who defraud public or private property with the amount of more than 3,000 yuan to 10,000 yuan, more than 30,000 yuan to 100,000 yuan and 500,000 yuan are respectively recognized as "large amount", "huge amount" and "extremely huge amount" in the criminal law. The higher people's courts and people's procuratorates in various regions may jointly study and determine the specific amount standard within the prescribed range according to the local economic and social development.
In other words, when the amount of fraud reaches more than 3,000 yuan, it has already constituted the filing standard of telecom fraud, but it does not mean that the amount of fraud is below 3,000 yuan. As long as the other party's behavior constitutes telecom fraud, as long as the suspect's criminal information, such as bank account number and telephone number, is provided to prove that fraud does exist, or the police receive reports from other victims, the police will file a case for investigation.
However, if it reaches the amount that constitutes the crime of telecom fraud, and the following circumstances exist, it shall be given a heavier punishment:
1. Fraud is committed against an unspecified majority of people by sending short messages, making phone calls or publishing false information through the Internet, radio and television, newspapers and magazines;
2, defrauding disaster relief, poverty alleviation and other funds and materials;
3, in the name of disaster relief fund-raising fraud;
4. Defrauding the property of the elderly, the disabled or the disabled;
5. Causing the victim to commit suicide, mental disorder and other serious consequences.
If one of the above acts exists, the property defrauded is close to the standard of "huge amount" or "extremely huge amount" in the regulations, or belongs to the ringleader of a fraud group, it shall be deemed as "other serious circumstances" and "other particularly serious circumstances" in the above criminal law.
In case of telecom fraud, if there is no property loss, you can report it to the public security bureau for the record. If any property is lost, you should call the police to file a case at the first time, and contact the bank, WeChat or Alipay customer service for help, actively cooperate with the police to help solve the case and bring the criminals to justice!
legal ground
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
Article 1 Whoever swindles public or private property in an amount of over 3,000 yuan, over 30,000 yuan, over 100,000 yuan and over 500,000 yuan shall be deemed as "large amount", "huge amount" or "especially huge amount" as stipulated in Article 266 of the Criminal Law respectively.
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.
Criminal law of the people's Republic of China
Article 266 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.