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Internet fraud, private photos, threatening to send money online.
In the face of this situation, we should call the police in time, because the crime of extortion has been involved, and it is the best way to protect our rights and interests with legal weapons. Elements of the crime of extortion:
(1) Object elements: The crime of extortion usually infringes on public and private property. When criminals threaten to give you money with your private photos, they have violated your property rights.
(2) Objective elements: Criminals use threats, extortion, intimidation and other means to force you to hand over property. If the amount is large or extortion is repeated, it constitutes the crime of extortion.
The amount refers to extortion of public or private property worth more than 2,000 yuan but less than 5,000 yuan; Repeated extortion refers to extortion more than three times in two years.
(3) Subject elements: Any normal person who has reached the age of 16 can constitute the crime of extortion.
(4) Subjective elements: the crime of extortion is subjectively manifested as direct intention and must have the purpose of illegally extorting other people's property. If criminals take your photos for the purpose of obtaining finance, they already have the subjective elements of extortion.
In order to prove that criminals have committed extortion, the following evidence can be provided to the court at the time of prosecution:
(1) SMS, email, letter, etc. The criminal threatened the facts. Such as bank remittance records, Alipay transfer records, etc. to prove that the money has been paid.
(2) Witnesses who know about extortion and their testimonies, etc.
(3) If injured, take photos of the injured part in time, and keep the photos and injury-causing tools. Provide medical records, diagnosis certificates and medical bills for physical injuries.
(4) Records of police inquests and inspections can also be used as evidence.
Legal basis:
Article 274 of the Criminal Law of People's Republic of China (PRC), whoever extorts or extorts public or private property in a large amount or for many times 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 and fined.
Derivative problem:
What are the methods of online fraud? A:
1, fake friend
Fraud: After stealing social software accounts and email accounts through various methods, scammers release information to users' friends and contacts, claiming that they are in a hurry and asking the opposite party to send money to their designated accounts. On the internet, there is a new fraud method, video chat with social software. The suspect recorded his own image while chatting with netizens, then stole his social software password, and then used the recorded image to pretend to be a netizen to "borrow money" from his friends in the social software group.
Note: In this case, be sure to keep an extra string in your heart and contact me by phone in time to confirm whether the message is from a friend or a contact person, so as not to be fooled.
Step 2 Phishing
Fraud: "phishing" is the most common and hidden form of online fraud. The so-called "phishing" means that criminals use pilfer date trojan, "network monitoring", forged fake websites or webpages to steal users' personal information such as bank accounts, securities accounts and password information, and then gain benefits by transferring money, shopping online or making fake cards. Mainly can be subdivided into the following two ways:
One is to send an e-mail to lure users into a trap with false information. Fraudsters send a large number of fraudulent emails in the form of spam. Most of these emails entice users to fill in their financial accounts and passwords by winning prizes, consulting, reconciliation, etc., or require recipients to log on to a webpage for various urgent reasons to submit information such as user name, password, ID number, credit card number, etc., thus stealing users' funds.
The second is to establish fake online banking and online securities websites to defraud users' account passwords for theft. Criminals set up websites with domain names and web pages very similar to real online banking systems and online securities trading platforms, to lure users into inputting information such as account numbers and passwords, and then steal funds through real online banking and online securities systems or by forging bank savings cards and securities trading cards. Others take advantage of loopholes in legitimate website server programs to insert malicious codes into some pages of the website, shielding some important information that can be used to identify the authenticity of the website, thus stealing user information.
Note: in this case, first of all, don't fill in personal information on the Internet at will. Before opening online business, you should go to a regular bank to ask for information and log in to the correct webpage to handle the business, so as not to be deceived.
3. Online child care
In a well-known automobile professional forum, such posts often appear. First, make a list of some bad car brands in the market and have a bite, such as: 20 12 top ten bad cars list. And criticize the cars on the list one by one, and export without mercy, which seems to be very considerate to the majority of car fans and make them tremble with fear.
Then a bunch of people will post and agree with the landlord's point of view. As soon as the post is hot, someone will suddenly ask: What about XX brand cars? Has anyone used it?
Then a lot of people came up to introduce the benefits, experiences and so on.
Seeing such a post above, many people who don't understand it are gullible. In fact, most people in the post are "credulous", first belittle some car brands, arouse readers' sympathy, and then take the opportunity to promote their own brands.
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