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The recent court decision on telecom fraud.
In the early summer of 2020, under the arrangement of the defendant He, the defendant Xiong and others rented two offices in the high-grade office building of huangshigang district Business Center in the name of a network technology company in Huangshi. The company was established on 20 18. Claiming to be engaged in software development, information technology consulting, data processing and other businesses, but actually there is no business, and the legal representative is Xiong.
In May, 2020, he bought 200,000 pieces of mobile phone number information of shareholders at the price of 1 yuan per piece of information, and recruited people everywhere to be responsible for "mining resources". After that, the designated office "supervisor" will check the attendance of gang members, distribute the telephone list of shareholders, urge members to pretend to be employees of securities companies to call shareholders, add WeChat friends, and provide some added WeChat friends information to Xiong and others for fraud.
In order to implement fraud, he contacted others to build a trading platform for stock index futures, including websites and trading software for recharging funds, and formed a false trading platform for speculating the Shanghai and Shenzhen 300 stock index futures. The gang lied that the securities company was doing activities, and added shareholders as WeChat friends to form a WeChat group. Gang members play the role of "lecturer" and "shareholder" in the WeChat group, and use the prepared text to publish professional knowledge about securities trading to defraud the real shareholders in the WeChat group to trust the "lecturer". From May to June, 2020, the "lecturer" tricked the victim into entering the platform website provided by He to register and open an account and conduct false Shanghai and Shenzhen 300 stock index futures trading on the grounds that the stock market was not good and stock index futures trading was more profitable. After the victim's recharge, the gang members continued to pretend to be "lecturers" and "shareholders", and tricked the victim into losing money quickly by means of high leverage (25 times), high handling fee (300 yuan/time), reverse operation and intraday trading. He said that he took kickbacks according to 40% to 50% of the customer's losses, and earned 180 yuan for each handling fee. He gang defrauded 25 victims of 3.28 million yuan.
Legal basis:
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.
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