How to detect telephone fraud in public security law?

Telecommunication fraud is not uncommon. "Hello, I'm from the Public Security Bureau." "Hello, there is a courier for you." "Hello, who am I?" Be on your guard when you receive such a call. Near the end of the year, there are many scammers with the mentality of "fishing for a fat year".

According to the reporter's understanding, the telecom fraud posing as the "Public Prosecution Law" is one of the scams with the highest amount involved in all telecom fraud crimes. Although it accounts for a small proportion in the whole fraud case, the economic losses caused are the biggest.

In fact, this kind of deception is not clever, because the public security law and tax authorities will not deal with suspected money laundering by telephone, text message, internet and other forms. And will never provide a so-called "secure account" when handling a case.

On October 4th, 2065438+2008/KLOC-0, Guangzhou Public Security Bureau reported that in 2065438+2007, Guangzhou Anti-Telecommunication Network Fraud Center successfully recovered economic losses of 294 million yuan for more than 90,000 people through measures such as direct dissuasion and quick interception. At the same time, the Anti-Fraud Center reminds that although telephone fraud posing as public security organs and other units is less than 10% of the total fraud cases, it causes the greatest economic losses.

typical case

Retired professor answers the phone of "prosecutor"

The loan must be "transferred" within 3 months.

2065438+On August 6, 2007, Guangzhou Anti-Fraud Center received an alarm from a retired professor of a university, claiming that he was cheated10.58 million yuan.

The professor said that at the beginning of May, she received a phone call at home claiming to be a "case handler of the procuratorate", and the other party told her that the bank card under her name was suspected of "1.48 million yuan fraud case" and asked her to receive a "procuratorate summons" by fax. The victim was very nervous when he saw the "summons", and then actively cooperated with the "fund investigation" to prove his innocence.

From the beginning of May to the beginning of August, the victim actively raised funds, not only collected all the deposits of about 893,000 yuan from himself and his daughter into his account, but also borrowed a total of 4.59 million yuan from many relatives and friends. The victim put all the money he could borrow into his account, and the "prosecutor" told him: "Be positive. Putting some money in Carido can prove himself better." Finally, the other party actually suggested that the victim sell the property under his name and recommended a contact person of "intermediary company" to her. The victim finally sold his house at the contract price of 565,438+10,000 yuan, and the house payment was credited to the account under the victim's name.

In the meantime, the "prosecutor" has been threatening to keep secrets and guiding him to the hotel to open a room for telephone investigation, but many hotels are full. Then the "prosecutor" instructed the victim to go to the Internet cafe and ask the clerk for help. Under the guidance of the "prosecutor", the clerk repeatedly operated the victim's mobile phone and password device several times. In fact, the funds in the victim's account have been transferred.

Subsequently, the "prosecutor" taught the victim how to operate at home alone and provided the verification code and password to the other party. 10.58 million yuan was transferred by the swindler for ten times.

Citizens receive a "wanted order"

3 doubts see through the scam

The case that a retired professor was cheated is shocking. But many people quickly saw through such a scam and kept their "money bags". Zhou Xiao, a citizen of Nanjing, received an online "wanted order" from the Procuratorate, but he saw through the scam at a glance because he noticed three doubts.

2065438+On March 25th, 2007, the police station in Yueyahu, Qinhuai Branch of Nanjing Public Security Bureau received an alarm. Zhou Xiao, a citizen, said that he seems to have encountered a fraud of impersonating the public security law, and asked the police to help him identify it. Zhou Xiao reported that he received a string of strange numbers that morning, and the other party reported Zhou Xiao's name, age and other personal information, claiming to be a staff member of the procuratorate.

The staff told Zhou Xiao seriously that he was suspected of credit card fraud, and now he has been listed as the key investigation object. Zhou Xiao was shocked and quickly explained to the staff that he was innocent. The other party claimed that there was another situation where Zhou Xiao's identity information was stolen by criminals and someone used his information to commit crimes.

Subsequently, the other party sent a website to Zhou Xiao, asking him to log on to the website for inquiry. Zhou Xiao clicked on the link and found it was the website of the procuratorate. As soon as the page opens, it is a "wanted order" with Zhou Xiao's photo, home address and personal basic information. The other party called again and asked Zhou Xiao to cooperate with the investigation.

First of all, Zhou Xiao noticed that the phone number he received was "abnormal", and the caller ID was 12 digits; Secondly, the website that publishes Zhou Xiao's "wanted order" from the other party is "one-off"; Finally, when the "Procuratorate" called for the second time, it asked him to cooperate with the investigation and asked Zhou Xiao to remit the "deposit" to the designated account. These three points gradually deepened Zhou Xiao's suspicion. He guessed that he had encountered fraud posing as a public security law and immediately reported the case to the police.

Lawyer's statement

Cheating by pretending to be a public security law will be severely punished.

More than 30 thousand is a "huge amount"

Then, how to characterize the fraud that pretends to be a public security law? Is it a heavier punishment to impersonate the public security law? What is the legal basis? How to punish? What is the sentencing standard? Lawyer Xu of Beijing Bentong Law Firm answered them one by one in an interview with the French evening reporter.

Xu said that those who constitute the crime of fraud and impersonate the staff of state organs such as judicial organs to commit fraud belong to the circumstances of telecommunication network fraud. If the amount of fraud reaches 80% of the standard of "huge amount" and "extremely large amount", it can be handled according to "other serious circumstances" and "other particularly serious circumstances".

On the issue of sentencing, Xu analyzed that according to the provisions of the Criminal Law and the Interpretation, those who defraud public or private property of 3,000 yuan to 1 10,000 yuan, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or control, and shall also or only be fined; If the amount is not less than 30,000 yuan but not more than 100,000 yuan, or if 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 of more than 500,000 yuan 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.

Whoever constitutes the crime of swindling and cheating shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights; If the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years. Xu said that those who impersonate the people's police will be severely punished.

Xu told reporters that there is another possibility here. Telephone fraud that pretends to be a public security law and other units does not constitute a crime, and shall be dealt with according to the Law on Public Security Administration Punishment. Whoever commits fraud shall be detained for not less than five days but not more than ten days, and may be concurrently punished. Fines below 500 yuan; If the circumstances are minor, they shall be detained for not more than five days or fined not more than five hundred yuan. In addition, impersonating military and police personnel to swindle and swindle is a heavier punishment. If it is fraud, it shall be detained for more than five days and less than ten days, and may be fined up to five hundred yuan; If the circumstances are serious, he shall be detained for more than 10 and less than 15, and may also be fined less than 1000 yuan.

In addition, in response to the Opinions, Li Zeng, vice president of the Third Criminal Court of the Supreme People's Court, said that although the amount of fraud is difficult to verify, if it is found that more than 5,000 fraudulent text messages are sent and more than 500 fraudulent phone calls are made, it should be considered as "other serious circumstances" and convicted and punished for fraud (attempted).

Anti-fraud reminder

The police don't call to take notes. No "arrest warrant" can be found online.

Lawyer Xue of Beijing Law Firm said in an interview with the French evening reporter that telephone fraud pretending to be a public security organ means that criminals pretend to be "staff members" of public security bureaus, procuratorates, courts and other units to call the victims to inform them that they are suspected of money laundering, drug trafficking and economic crimes. And use the victim's eagerness to "clear the relationship and reduce losses" to induce the victim to transfer money to the so-called safe account provided by the liar.

Xue told reporters that when pretending to be a public security law fraud, criminal suspects will obtain citizens' personal information and ID card photos through illegal means to make fake wanted orders and disclose them to citizens of different ages in different ways. For example, for young people, criminal suspects may send a "Procuratorate Wanted Order" to them by forging the official website of the Procuratorate; For the elderly, because they are not familiar with the Internet, criminal suspects will send fake wanted orders by fax.

According to the reporter's understanding, pretending to be a "public prosecution law" for telecom fraud is one of the scams with the highest amount involved in all telecom fraud crimes. Earlier media reported that in a case detected by Guizhou police, only one victim was cheated1.1.700 million.

The police remind people to be more careful when they meet the following points when answering the phone.

First, ask for personal information through telephone transcripts. In this regard, the public security organs said that they would not record by telephone, and they would only use the telephone form in rare cases, such as returning visits and stopping payment by telephone.

Second, he said he would fax the arrest warrant. From the word "arrest warrant", there are loopholes, because in the criminal procedure law, its exact name is "arrest warrant", which is an instrument for the public security organs to arrest criminal suspects and is generally approved by the procuratorial organs. In addition, it will not be distributed by fax, and it will not be found online.

Thirdly, it is said that citizens need to deposit money in a safe account. The public security organ said that people were not allowed to remit money to the bank's safe account. Even if the traffic police department implements the "separation of penalty and payment", they also need valid documents to handle it in the window unit according to formal procedures.

"It can be seen that it is very useful to know more about some basic legal knowledge and law enforcement procedures of public security organs to prevent being cheated." Xue also reminded that when receiving such calls, it is necessary to verify them in many ways, and be cautious about calls that need to provide personal information and involve capital operation.

(Article source: Legal Evening News)