What falls within the scope of telecommunications fraud?

Telecom fraud crime specifically refers to a type of case that infringes on citizens’ property rights by using various communication channels such as mobile phones, landline phones, Internet calls, and the Internet to defraud money by making phone calls, sending text messages, etc.

Telecom fraud should be determined as follows:

1. The perpetrator has the purpose of illegal possession; 2. The perpetrator uses methods to fabricate facts or conceal the truth (telephone or Internet)

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3. The above method is enough to cause the victim to have a wrong understanding and voluntarily hand over the property; the amount of property obtained by fraud is relatively large.

1. What is telecommunications fraud

Telecommunications fraud aims at illegal possession and makes full use of modern technological methods such as telephone, Internet, and text messages to communicate with the perpetrators over long distances. It is a form of crime that deceives victims into transferring account deposits by means of names, fictitious facts, etc., and then uses bank accounts to intercept stolen money.

The crime of telecommunications fraud is the same as other crimes of fraud: the subject of the crime is a general subject; the subjective aspect is direct intention, with the purpose of illegally possessing the victim's property; the object is the ownership of public and private property; the objective aspect is the same It is the act of using various means to fabricate facts or conceal the truth to defraud the perpetrator of a large amount of property. Objectively speaking, telecommunications fraud consists of four parts: deceiving others, causing the victim to fall into misunderstandings, the victim disposing of property due to mistakes, and the perpetrator obtaining property. Therefore, at a time when the crime of telecommunications fraud has not yet been officially legislated, it should be possible to classify telecommunications fraud as a type of crime of fraud, and determine the crime with reference to the crime of fraud.

2. What are the telecommunications frauds?

1. Telephone arrears: Criminals pretend to be staff of the telecommunications department or police officers and call the victims to inform them that their identity information has been fraudulently used and the debts have been tied up. Free phone calls and bank accounts are suspected of money laundering, and the victim may be sentenced. Some victims were eager to clarify themselves, so they informed the criminals of their phone numbers and deposit status. This type of fraud often uses Internet phone numbers starting with 019, 00019 or phones bundled with "One Number Connect".

2. Credit card consumption: Criminals send text messages to remind mobile phone users that their bank cards have just been used to make purchases at a certain place and provide an inquiry phone number. If the user calls back, he or she will be informed that the bank card may have been copied and stolen, and that the user should go to an ATM to perform encryption operations and be gradually led into a "transfer trap."

3. Notification of refund: Criminals pretend to be staff of the tax bureau, post office, bank and other departments, falsely claiming to be refunding tax, overpaying, etc., and asking the victim to transfer the money to their designated address. bank card.

4. False lottery winnings: Criminals use the company celebration or new product promotion lottery as an excuse to inform the victim that he has won a grand prize, and guide the victim on the grounds that income tax, handling fees, notary fees and other fees must be paid to redeem the prize. The person transfers money to the account they provide.

5. Low-price shopping: Criminals send false information such as selling second-hand cars to the victim, and require payment to the account number provided by the victim on the grounds that the deposit, consignment fee and other fees must be paid before further processing. So as to achieve the purpose of fraud.

3. Characteristics of Telecom Fraud Crime

(1) Professionalization and Groupization of Criminal Subjects

Telecom fraud criminal gangs are increasingly well-organized and have clear division of labor , each performing their own duties, generally composed of several groups of people such as technology, information, phone calls, transfers, and withdrawals. The technical part usually rents servers overseas, relies on network vulnerabilities and network platforms provided by illegal operators, connects with traditional communication networks, and implements criminal activities through VOIP network technology; the information part obtains personal information through various means such as purchase and theft for use Carrying out fraudulent activities; in the call part, criminal locations are set up within or outside the country, and personnel are organized to specifically make fraudulent calls and send fraudulent text messages in bulk to deceive people; in the transfer and withdrawal part, illegal means are used to obtain other people's ID numbers and open online bank accounts. , after the person involved was deceived and remitted money, the suspect immediately transferred the stolen money quickly to different bank branches in different places. The criminal elements in these departments are scattered and operate independently. Although the next link does not know the operation status of the previous link, they are dependent on each other, cooperate tacitly, and operate coherently, with obvious group and professional characteristics.

(2) The criminal methods are technological and intelligent

Telecommunications fraud cases have evolved from the earliest use of mobile phone SMS mass senders, computer mass messaging software, One Number Connect, and 400 bundled phone technologies. It has gradually developed to the use of Internet telephony, hacking technology, U-shield transfer and other technologies, 8 technical means have been rapidly upgraded, and the calls made by the victims can display any number they need in the victim’s incoming phone call, accompanied by a timely message. The method is to further and carefully figure out the psychological changes of the victim, constantly update the "plot", and supplement it with strong social psychology knowledge to deceive the victim. At the same time, network technology is an important link for the survival of all telecommunications fraud crimes. It requires the maintenance and support of network technicians and the completion of fraud crimes through illegal network platforms. "Technical support personnel are mainly temporarily recruited from online forums, or introduced to each other by people in their 'circle'.

(3) The social harm is intensified and diversified

Telecom fraud targets Different from the targets of ordinary fraud cases, they are often not targeted or limited to a specific scope. Criminals often use blind dialing, mass text messaging, etc. to commit crimes. Fraudulent information is widely disseminated and spreads indefinitely in a very short period of time, covering a wide range of people. As the base of defrauding targets continues to expand, criminals also often use the names of public security, procuratorates, courts, and national taxation. Fraud will seriously damage the image of state agencies and have a negative impact on the affinity and credibility of relevant units in their daily work, law enforcement and case handling.

Legal basis:

"People's Republic of China" Article 224 of the Criminal Law of the People's Republic of China and the People's Republic of China falls under any of the following circumstances: for the purpose of illegal possession, during the process of signing and performing a contract, defrauding the other party of property, if the amount is relatively large, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall be concurrently or solely 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 particularly huge or there are other particularly 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 particularly huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than ten years Or life imprisonment, and a fine or confiscation of property:

(1) Signing a contract with a fictitious unit or in the name of another person;

(2) Forging, altering, Canceled bills or other false property rights certificates are used as guarantees;

(3) Without the actual ability to perform, the other party is deceived into continuing to sign and perform the contract by first performing a small-amount contract or partially performing the contract. ;

(4) Accepting goods, payment, advance payment or guaranteed property from the other party and then escaping;

(5) Using other methods to defraud the other party of property.

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Article 266: 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 surveillance, and shall also or solely be fined; if the amount is huge or there are other serious circumstances, he shall be sentenced to three years A person shall be sentenced to fixed-term imprisonment of not less than 10 years and not more than 10 years and shall also be fined; if the amount is particularly huge or there are other particularly 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 his property shall be confiscated. If there are other provisions in this law, the provisions shall apply.