The mobile phone sends text messages without the other party's knowledge.

Uninformed fraud is not a crime. Because the constitutive elements of fraud include the purpose of direct intentional and illegal possession of public and private property. Without knowing it, there is no direct intention, no intention to illegally occupy public or private property, which does not meet the constitutive requirements of fraud.

Legal objectivity:

Article 266 of the Criminal Law

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.