According to the Anti-Telecommunication Network Fraud Law, who can be criminally punished for engaging in telecommunication network fraud?

On February, 65438+2022 1, People's Republic of China (PRC) Anti-Telecommunication Network Fraud Law came into effect. This is the first time that China has made special legislation to combat telecommunication network fraud. By intensifying publicity and punishment, strengthening the main responsibility of prevention and control, and implementing multi-faceted legal responsibilities, the whole chain will prevent and control telecommunication network fraud, providing a strong legal guarantee for the people's sense of gain, security and happiness. Today, Tong Fajun will take you through several cases to see what telecommunication network fraud is and what are the new provisions in the Anti-Fraud Law.

Strengthen the protection of citizens' personal information

The beginning of telecommunication network fraud is often the disclosure of personal information. A large number of illegal and criminal acts such as obtaining and providing citizens' personal information for a long time have contributed to telecommunication network crimes.

Taking advantage of his position as a salesman of a communication company, Xiao J illegally obtained the mobile phone number registered by the customer during the process of registering and opening the mobile phone number, and registered various platform accounts without the customer's knowledge and provided them to others for illegal use, from which he made an illegal profit of more than 20,000 yuan. In the end, Xiao J was sentenced to 3 years in prison and suspended for 4 years by Tongxiang court for committing the crime of infringing citizens' personal information.

In response to such crimes against citizens' personal information, Article 25 of the Anti-Telecommunication Network Fraud Law stipulates that no unit or individual may sell or provide personal information for telecommunication network fraud; Article 29 stipulates that personal information processors shall, in accordance with the provisions of the Personal Information Protection Law, strengthen the protection of personal information and establish a preventive mechanism for personal information being used for telecommunication network fraud. According to the characteristics of telecommunication network fraud, this regulation has made new supplementary provisions on the protection of personal information, and further improved the citizen's personal information protection system.

Strengthen the punishment of fraud-related crimes

In the telecommunication network fraud chain, there are not only people who directly commit fraud, but also people who help others commit cyber crimes. Such people illegally provide their own bank card information, WeChat account number, calling card, etc. To others, his behavior has constituted the crime of helping information network criminal activities.

Xiao C received a phone call from a friend asking if he could borrow his personal bank account and promised him a certain "rental fee". Knowing that the bank account of the loan will be used to commit cybercrime, Xiao C still provides his bank account to his friends. After investigation, within five months after lending, Xiao C remitted more than 6.5438+0.5 million yuan to the above-mentioned bank account, of which 80,000 yuan in a telecom fraud case involving online financial investment flowed out through the bank account. In the end, Xiao C was sentenced to 6 months' imprisonment by Tongxiang court for committing the crime of helping information network criminal activities.

The implementation of "Anti-Fraud Law" has increased the punishment for telecommunication network fraud criminals and related criminals. Article 31 of the Anti-Telecommunication Network Fraud Law stipulates that no unit or individual may illegally buy, sell, lease or lend telephone cards, Internet of Things cards, telecommunication lines, short message ports, bank accounts, payment accounts and Internet accounts. , and shall not provide real-name verification assistance; Do not open the above-mentioned cards, accounts, account numbers, etc. By impersonating another person's identity or fictional agency relationship. Units, individuals and related organizers identified by public security organs at or above the municipal level in districts who commit the acts mentioned in the preceding paragraph, as well as those who have been subjected to criminal punishment for engaging in telecommunication network fraud activities or related crimes, can be recorded in credit records in accordance with the relevant provisions of the state, and can take measures such as restricting their cards, accounts, account numbers and other functions, stopping counter business, suspending new business, and restricting access to the network. This regulation can increase the illegal cost and reduce the occurrence of criminal acts by increasing the punishment for those who participate in telecommunication network fraud activities.

Strengthen the crackdown on cross-border telecommunication network fraud

In recent years, with the increasing efforts to crack down on telecommunication network fraud in China, a large number of telecommunication network fraud criminal dens have been transferred from China to overseas, which has brought certain difficulties and challenges to the fight against governance.

Xiao L smuggled across the border from Yunnan to Myanmar, joined a telecommunication network fraud gang, used the network to select fraud targets and add friends on social software such as soul and Momo, fictionalized Gao Fushuai's identity, gained the trust of the victim by chatting and talking about feelings, and defrauded the victim of property on the grounds of high return on investment 1 1000000 yuan. Xiao l was sentenced to 4 years in prison by Tongxiang court for committing fraud.

The Anti-Fraud Law has intensified the crackdown on overseas telecommunication network fraud. Article 36 of the Anti-Telecommunication Network Fraud Law stipulates that if a person who goes to an area where telecommunication network fraud activities are serious is suspected of major telecommunication network fraud activities when leaving the country, the entry-exit management agency may decide not to leave the country. For those who have received criminal punishment for engaging in telecommunication network fraud activities, the public security organs at or above the municipal level may, according to the crime situation and the need to prevent recidivism, decide not to leave the country within six months to three years from the date when the punishment is completed, and notify the entry-exit management agencies to implement it. This provision helps to prevent some people from going astray by strengthening exit control, and at the same time, it can effectively reduce the possibility of criminals committing crimes again.

It is everyone's responsibility to learn how to protect the family and prevent fraud. Tongxiang court will always adhere to the people-centered, increase the punishment for telecommunication network fraud according to the Anti-Telecommunication Network Fraud Law, continue to do a good job in the propaganda work of the people to prevent telecommunication network fraud, and firmly guard the people's "money bags".

Finally, Tong Fajun also warmly reminded everyone that there are many fraud traps, and this string must be tightened to prevent it; Personal privacy should not be leaked, and online transactions should be cautious; Don't believe that pie falls from the sky, think twice before you act, and make sure that you are not bullied!