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How many years does it take for telecom fraud involving smuggling?

Telecom fraud is generally sentenced to a minimum of three years in prison and a maximum of life imprisonment. The specific sentencing depends on the amount of fraud and whether there are serious circumstances. Telecom fraud refers to the criminal behavior that criminals use false information to set up scams by means of telephone, internet, short messages, etc., and implement remote and non-contact fraud on the victims, and finally induce the victims to make money or transfer money to criminals.

First, the identification of telecom fraud

1, object element

The object of this crime is the ownership of public and private property. Some criminal activities, although they also use some deception and even pursue some illegal economic interests, are not or are not limited to the ownership of public and private property. So it does not constitute fraud. For example, abducting and selling women and children is a crime of violating personal rights.

2. Main elements

The subject of this crime is the general subject, and any natural person who has reached the legal age of criminal responsibility and has the ability of criminal responsibility can constitute this crime.

Second, how to deal with telecom fraud?

1. The People's Bank of China stipulates that from 20 16 12 1, if an individual transfers money through an ATM or other self-service teller machine, the issuing bank will handle the fund transfer within 24 hours after accepting it, and the individual can apply to the issuing bank for cancellation of the transfer within 24 hours.

2. Keep relevant evidence, such as transfer vouchers, including: ATM transfer receipt, mobile banking (online banking) transfer screenshot, bank running list, etc. Relevant vouchers for contacting scammers, including screenshots of call records, detailed phone calls, and screenshots of SMS (WeChat, QQ) chats. Other evidence related to this case.

3. It is an important basis for the police to carry out investigation and merge cases by taking notes at the local police station or criminal police team in time and providing relevant evidence to the police. After the case is cracked, the evidence will also play an important role in sentencing the suspect and recovering the stolen money.

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Third, common telecom fraud means

1, posing as leaders at all levels.

2. Pretending to be a public security organ for remittance, opening an online banking connection, and being checked.

3. Ask for personal and bank card information and SMS verification code, and use bank card transfer to commit fraud.

4. Pretending to be an acquaintance for fraud, such as notifying "family members" of an accident, requires remittance first.

5. Fraud by providing information such as stocks and lottery tickets.

6. Publish false information such as winning prizes and receiving subsidies to implement fraud.

7. Use SMS to publish false recruitment information to defraud related expenses.

Legal basis:

Criminal law of the people's Republic of China

Article 266

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 shall 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.