Suspected of telecom fraud of 13 thousand, he just earned money to drive and send messages without taking a penny, and he was cheated.

explain the situation to the police and try to be given a lighter punishment or be exempted from punishment.

the crime of fraud refers to the act of defrauding a large amount of public or private property by fabricating facts or concealing the truth for the purpose of illegal possession. The object of the crime of fraud is not to defraud other illegal interests. Its target should also exclude loans from financial institutions. Because this law has specifically stipulated the crime of loan fraud in Article 193.

It is generally believed that the basic structure of this crime is: the actor commits fraud for the purpose of illegal ownership → the victim has a wrong understanding → the victim disposes of the property based on the wrong understanding → the actor obtains the property → the victim suffers losses in the property.

1. Sentencing

Article 266 of the Criminal Law stipulates that 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 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 1 years or life imprisonment, and shall also be fined or confiscated. Where there are other provisions in this Law, such provisions shall prevail.

According to the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Fraud Cases, 1. According to the provisions of Articles 151 and 152 of the Criminal Law, defrauding public or private property in a large amount constitutes fraud. Individuals who defraud public or private property of more than 8, yuan belong to a "large amount"; Individuals who defraud public or private property of more than 3, yuan belong to a "huge amount".

2. Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Fraud:

Article 1 Whoever defrauds public or private property with a value of 3, to 1, yuan or more, 3, to 1, yuan or more, or 5, yuan or more shall be deemed as "a large amount", "a huge amount" or "a particularly huge amount" as stipulated in Article 266 of the Criminal Law respectively.

the higher people's courts and people's procuratorates of all provinces, autonomous regions and municipalities directly under the central government may, in combination with the economic and social development of their respective regions and within the amount range specified in the preceding paragraph, jointly study and determine the specific amount standards to be implemented in their respective regions and report them to the Supreme People's Court and the Supreme People's Procuratorate for the record.

Article 2 Whoever cheats public or private property to the amount specified in Article 1 of this Interpretation, under any of the following circumstances, may be severely punished as appropriate in accordance with the provisions of Article 266 of the Criminal Law:

(1) publishing false information by sending short messages, making phone calls or using the Internet, radio and television, newspapers and magazines, etc.

defrauding an unspecified majority of people

(2) defrauding disaster relief, emergency rescue, flood control, special care, poverty alleviation, immigration, relief, and medical funds and materials

(3) defrauding in the name of collecting money for disaster relief

(4) defrauding the property of the disabled, the elderly, or the disabled

(5) causing the victim to commit suicide, mental disorder, or other serious consequences.

if the amount of fraud is close to the standards of "huge amount" and "extremely huge amount" stipulated in Article 1 of this Interpretation, and it falls under one of the circumstances stipulated in the preceding paragraph or belongs to the ringleader of a fraud group, it shall be deemed as "other serious circumstances" and "other particularly serious circumstances" stipulated in Article 266 of the Criminal Law respectively.

Article 3. Although swindling public or private property has reached the standard of "relatively large amount" as stipulated in Article 1 of this Interpretation, in any of the following circumstances, and the perpetrator pleads guilty and repents, he may not be prosecuted or be exempted from criminal punishment according to the provisions of Article 37 of the Criminal Law and Article 142 of the Criminal Procedure Law:

(1) All the stolen goods and compensation are returned before the verdict of the first instance.

article 4 whoever defrauds the property of a close relative and the close relative understands it may generally not be treated as a crime.

if it is really necessary to investigate criminal responsibility for defrauding the property of close relatives, the specific treatment should also be lenient as appropriate.

Article 5 Whoever attempts to defraud, targeting huge amounts of property, or has other serious circumstances, shall be convicted and punished.

using telecommunication technologies such as sending short messages, making phone calls, and the Internet to defraud an unspecified majority of people, and the amount of fraud is difficult to verify, but under any of the following circumstances, it shall be deemed as "other serious circumstances" as stipulated in Article 266 of the Criminal Law, and shall be convicted and punished for the crime of fraud (attempted):

(1) sending more than 5, fraudulent messages

(2) making more than 5 fraudulent phone calls <

if the number of acts specified in the preceding paragraph reaches more than ten times of the standards specified in items (1) and (2) of the preceding paragraph, or if the fraudulent means are particularly bad and the harm is particularly serious, it shall be deemed as "other particularly serious circumstances" specified in Article 266 of the Criminal Law, and shall be convicted and punished for fraud (attempted).

Article 6 If fraud is both accomplished and attempted, which reach different sentencing ranges respectively, it shall be punished according to the provisions of heavier punishment; Those who reach the same sentencing range shall be punished as fraud.

article 7 anyone who knowingly provides others with credit cards, mobile phone cards, communication tools, communication transmission channels, network technical support, expense settlement and other assistance shall be punished as a * * * concurrent crime.

article 8 whoever impersonates a functionary of a state organ to commit fraud, which constitutes fraud and swindling, shall be convicted and punished in accordance with the provisions of heavier punishment.

Article 9 If the ownership of fraudulent property and its fruits that have been sealed up, detained or frozen after the crime is clear, it shall be returned to the victim; If the ownership is not clear, it can be returned to the victim according to the proportion of the defrauded money and goods to the total amount of property and fruits seized, detained and frozen in the case, but the compensation that has been refunded shall be deducted.

Article 1 If the actor has used the fraudulent property to pay off debts or transferred it to others, it shall be recovered according to law under any of the following circumstances:

(1) The other party received it knowing that it was fraudulent property

(2) The other party obtained the fraudulent property free of charge

(3) The other party obtained the fraudulent property at a price significantly lower than the market

(4) The other party obtained the fraudulent property because of illegal debts or crimes.

if another person obtains fraudulent property in good faith, it will not be recovered.