Criteria for determining the crime of spreading false information

Sending more than 5,000 pieces of fraudulent information shall be deemed as "other serious circumstances" as stipulated in Article 266 of the Criminal Law, and shall be convicted and punished for fraud (attempted). The filing criteria of telecommunication network fraud are: the criminal suspect sends more than 5000 fraudulent short messages; Criminal suspects made more than 500 fraudulent calls; The fraud information posted by the criminal suspect on the Internet has been viewed 5000 times; The criminal suspect committed fraud through telephone, information and online channels, and the value of the property obtained by fraud reached 3,000 yuan.

Information fraud refers to the use of mobile phone text messages to defraud money or finance. With the improvement of people's cognitive level, the language and content in short messages are changing with each passing day. Even the words "Notary Office Notice" appeared. And these are just the tip of the iceberg of fraudulent text messages. At present, there are more and more cases of criminals using mobile phones and pseudo base stations to send fraudulent short messages and make fraudulent calls, and the means are becoming more and more high-tech. It has the characteristics of trans-regional, high-tech and diversity, and has formed an industrial chain of organized crime, causing huge economic losses to the people. Common online information fraud includes shopping fraud, winning fraud, impersonation fraud, business investment fraud, online dating, sexual services and other online fraud; Telecommunication fraud includes impersonation of public security law fraud, false winning, tax refund, contraband fraud, impersonation of others' telecommunication fraud, intimidation and extortion fraud, etc.

What are the forms of online fraud?

1, bank card fraud Some scammers often pretend to be school administrators, teachers and students of our school or unfortunate people. , in order to cheat students' trust or sympathy and ask for money; Or borrow a classmate's mobile phone or passbook, credit card and ask for a password on the grounds of an accident or an urgent need to receive remittance, so as to cheat money.

2. "Borrow and steal" your mobile phone, whether on campus or off campus, when strangers or unfamiliar people borrow your mobile phone, you should politely refuse; If the other party really has something to do, you can help the police to prevent someone from "borrowing" the mobile phone for theft or fraud and then slipping away.

3. Beware of SMS fraud. Some scammers send short messages to students' mobile phones to defraud students of their cash or bank accounts and passwords on the grounds of winning prizes or telling you that they have a large amount of money in supermarkets or shopping malls.

Legal basis:

Criminal law of the people's Republic of China

Article 266

Whoever swindles a large amount of public or private property shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or 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.