How to judge SMS fraud

Criminals who send fraudulent text messages are suspected of fraud, and the specific sentencing depends on the actual amount involved. Those who defraud property of more than 3,000 yuan through fraudulent short messages can be sentenced to fixed-term imprisonment of not more than three years, and those with huge amounts can be sentenced to fixed-term imprisonment of not less than 10 years.

1. How do criminals send fraudulent short messages?

Criminals who send fraudulent short messages are suspected of fraud and should be convicted and sentenced according to the amount of fraud. The 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 (implemented on April 8, 201/) stipulates that if the amount of public or private property is more than 3,000 yuan and more than 10,000 yuan, more than 30,000 yuan and more than 100,000 yuan and more than 500,000 yuan, it shall be deemed as "a large amount" and "a huge amount".

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 10 years or life imprisonment, and shall also be fined or confiscated. Where there are other provisions in this Law, such provisions shall prevail.

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

Article 5 Anyone who attempts to defraud, with a huge amount or other serious circumstances, shall be convicted and punished.

Using telecommunications 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. However, 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 fraud (attempted):

(1) Sending more than 5,000 pieces of fraudulent information.

(2) Make fraudulent phone calls for more than 500 times.

(3) The fraudulent means are bad and the harm is serious.

If the number of acts specified in the preceding paragraph reaches more than ten times 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" as stipulated in Article 266 of the Criminal Law, and shall be convicted and punished for fraud (attempted).