How to judge the letter of telecom fraud

Legal analysis: the crime of fraud refers to the act of defrauding a large amount of public and private property by fabricating facts or concealing the truth for the purpose of illegal possession. 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 sentenced to fixed-term imprisonment of not less than three years but not more than 10 years, and shall also 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. Fraudulent public or private property with a value of more than 3,000 yuan to 1000 yuan is defined as a "large amount" in the criminal law, a value of more than 30,000 yuan to 1000 yuan is a "huge amount", and a value of more than 500,000 yuan is a "particularly huge amount". The explanation defines telecom fraud as a situation that can be severely punished as appropriate, and stipulates that five situations should be severely punished as appropriate: sending short messages, making phone calls, or publishing false information through the Internet, radio and television, newspapers and magazines. Fraud against an unspecified majority; Defrauding disaster relief, emergency rescue, flood control, special care, poverty alleviation, immigration, relief and medical funds and materials; Fraud in the name of disaster relief fund-raising; Defrauding the disabled, the elderly or the disabled of their property; Causing the victim to commit suicide, mental disorder or other serious consequences. According to the explanation, if the attempted fraud is aimed at a huge amount of property, or there are other serious circumstances, it should 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, if you send more than 5,000 fraudulent text messages or make more than 500 fraudulent phone calls, and the fraudulent means are bad and the circumstances are serious, it should be recognized as "other serious circumstances" as stipulated in the Criminal Law and convicted and punished for fraud (attempted). The Interpretation also stipulates that those who knowingly help others with credit cards, mobile phone cards, communication tools, communication transmission channels, network technical support, expense settlement, etc. shall be treated as the same crime. In addition, the explanation also clarifies the circumstances that can be given a lighter punishment. It is stipulated that defrauding close relatives and property that close relatives understand cannot generally be treated as a crime. If criminal responsibility is really to be investigated, the specific treatment should be lenient as appropriate.

Legal basis: Article 266 of the Criminal Law of People's Republic of China (PRC) defrauds public or private property, and if the amount is relatively large, it shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance; 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; 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.