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What is telecom network fraud stipulated by law?
1. What is telecommunication network fraud according to the law? Telecommunication network fraud refers to the criminal act of fabricating false information and setting up a scam by telephone, internet and short message, which induces the victim to make money or transfer money in a long-distance and non-contact way. Usually, the purpose of deception is achieved by impersonating others, counterfeiting and forging various legal coats and forms, such as impersonating public security law, manufacturers of commercial companies, staff of state organs, bank staff and other institutions, forging and impersonating recruitment, billing, loans, etc. According to the Opinions on Several Issues Concerning the Application of Laws in Handling Criminal Cases such as Telecommunication Network Fraud, it is once again clear that those who use telecommunication network technology to commit fraud and defraud public or private property worth more than 3, yuan can be sentenced, and those who defraud public or private property worth more than 5, yuan can be sentenced to life imprisonment at the highest.
second, the characteristics of telecommunication network fraud 1. The crime of network fraud is virtual in space, and the behavior is hidden. Unlike traditional fraud, network fraud has a specific crime scene, and the place of the crime is inconsistent with the place of the result. The perpetrator and the victim do not need to meet each other, and generally only contact through online chat, email, etc., and the crime can be completed in the virtual space. When a criminal suspect commits a crime I, he often deliberately uses fictional facts and conceals his identity, plus various agents and anonymous services, which makes the true identity of the criminal subject deeply hidden, making it difficult to determine the location of the suspect. At the same time, fraudsters often use fake ID cards to handle bank cards, withdraw money from different places, and use electronic "black cards" to hide, and immediately destroy online and offline evidence after success, which makes the degree of concealment higher, leading to the rapid rise of online fraud crimes and the difficulty of cracking down. 2. The criminal suspects who commit cyber fraud are younger, less educated and regionalized. They are all young and have a low education level when committing crimes. And the birthplace or activity area of the perpetrator presents obvious regional characteristics. Some areas have become high-risk areas of online fraud because of the high incidence of online fraud crimes and relatively fixed means. When criminal suspects commit crimes, they show the trend of family and collectivization. It should be noted that the geographical features of online fraud are obvious, which does not mean that a certain modus operandi will only be implemented in high-risk areas and high-risk groups, but that this type of fraud cases are characterized by more people in a high-risk area. 3. Industrialization of online fraud crime chain Because China's online fraud crime shows the characteristics of regional industrialization, in these high-risk areas, upstream and downstream industries are often formed around some fraud methods, and a mature and complete underground industrial chain is gradually formed. 4. The fraudulent practices are diversified, and the update speed is fast. The online fraudulent practices are diverse and constantly updated, and new fraudulent practices emerge one after another. The past decade has been a decade of rapid development of the Internet and a decade of continuous renovation of online fraudulent practices. 5. The crime methods of high-risk groups are diversified and cross-oriented. Although China's online fraud crimes show obvious regional characteristics, a certain online fraud crime method is relatively concentrated and active in a certain area, but in recent years, the cross-cutting trend of fraud methods of high-risk groups of fraud crimes is very obvious. In addition, according to the cases cracked in various places, the number of criminal suspects with high-risk origins who are in series and collude with each other to engage in criminal activities tends to increase. For telecommunication network fraud, it is necessary to deal with it strictly on the basis of the criminal suspect's illegal behavior. Criminals use the network to implement fraud activities, which is a serious violation of the legitimate rights and interests of others. For the handling of related matters, they should be punished based on the actual situation involved.
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