How to identify the malicious overdraft of telephone charges by using mobile phone group SMS?

Transferred from: Beijing Court Network Time: February 25, 2007

Six people, including Liu Qingguo, used SMS to send messages to maliciously overdraw the phone bill, which caused the mobile telecommunication company to lose more than 330,000 yuan. A few days ago, six defendants were sentenced by Fengtai court for fraud, and four of them were sentenced to fixed-term imprisonment 10 years or more.

From February to March, 2006, Wang Hao, together with Gao Zhanwu and others, fraudulently purchased 26 1 GSM mobile phone cards in nine mobile telecom business halls in Fengtai District, Chaoyang District and Haidian District of this city with fake ID cards and fake business licenses nine times, and then resold all the mobile phone cards to defendants Liu Qingguo, Liu Qingjun, Zhang Yunqi, Li Hefeng and others for SMS group sending service, maliciously defaulting on telephone charges. Liu Qingguo and Liu Qingjun were responsible for contacting the SMS group sending service, and handed over some specific work to the defendants Zhang Yunqi and Li Hefeng, resulting in a loss of RMB 332,593.46 for Beijing Mobile Communication Company. Among them, Liu Qingguo and Liu Qingjun are the organizing and planning links in this crime, while Wang Hao and Gao Zhanwu are the implementers of fraudulent purchase of GSM phone cards, and the above-mentioned defendants should be responsible for the full amount of this crime; Zhang Yunqi and Li Hefeng are specific people who send short messages in groups, so the losses caused by mobile phone cards seized from their residences are determined as their respective crime amounts, of which Zhang Yunqi's crime amount is 20,372.84 yuan and Li Hefeng's crime amount is 8,690.43 yuan.

Fengtai Court held that the defendants Liu Qingguo, Liu Qingjun, Wang Hao, Gao Zhanwu, Zhang Yunqi and Li Hefeng ignored the national laws and used forged documents to defraud China Mobile Communications Company's GSM calling card. They maliciously owe money and use it to send text messages to seek illegal benefits, which constitutes a crime of fraud and should be punished. The defendant, Liu Qingguo, was sentenced to fixed-term imprisonment for intentional crime, and committed the crime of fixed-term imprisonment within five years after his release. He is a recidivist, and the court severely punished the defendant Liu Qingguo. Defendants Liu Qingguo and Liu Qingjun used Liu Qingjun's account to undertake the mass short message service on the Internet, and used Wang Hao and Gao Zhanwu to defraud the purchased GSM calling card with forged documents, and assigned them to Zhang Yunqi and Li Hefeng to send specific mass short messages and maliciously owe money. They should bear the responsibility for the total amount of crimes; Defendant Liu Qingjun continued to organize personnel and rent houses in Langfang, Hebei Province to engage in this criminal activity after being dealt with by the Beijing public security organs for defrauding the malicious arrears of telephone cards by forging documents. Although the defendant Liu Qingjun didn't personally carry out mass texting activities, he intended to make the criminal activities more hidden, subjectively with the intention of fraud, and objectively with the same crime of organizing, planning and assigning tasks, and his behavior constituted the crime of fraud; Defendant Wang Hao knew that it was a forged certificate, and bought a GSM calling card for fraud and sold it to Liu Qingguo and other people to send short messages. His behavior was an important link for Liu Qingguo, Liu Qingjun and others to maliciously send short messages and owe money, and he should bear full responsibility for it. To sum up, according to the specific circumstances of this case, as well as the status, role, degree of social harm and confession performance of each defendant in the same crime, they were sentenced separately.

Accordingly, Fengtai Court sentenced Liu Qingguo to fixed-term imprisonment of 1 1 year and fined him 1 1000 yuan; Liu Qingjun, Wang Hao and Gao Zhanwu were sentenced to fixed-term imprisonment of 10 year and fined 10000 yuan respectively; Sentenced Zhang Yunqi to fixed-term imprisonment 1 year and 6 months, and fined 2,000 yuan; Li Hefeng was sentenced to fixed-term imprisonment of 1 year and fined 1000 yuan. (Editor: Zhao Yan)