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What are the ways of fraud?

What are the ways of fraud?

With the development of society and the continuous progress of information technology, some telecommunication network fraud gangs are also waiting for an opportunity to ambush, among which SMS fraud is one of the more common ones. The following details the ways of fraud. What are the ways of fraud? 1. What are the main forms of fraud? 1. The main forms of fraud mainly include:

(1) defrauding people who need help when they encounter some harm;

(2) Fraud in a special capacity;

(3) Fraud in the name of an intermediary;

(4) fraudulent use of acquaintances;

(5) and win people's trust through small interests to commit fraud.

2. Legal basis:

Article 266 of the Criminal Law of the People's Republic of China, 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 1 years or life imprisonment, and shall also be fined or confiscated. Where there are other provisions in this Law, such provisions shall prevail.

Article 1 of 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 states that those who defraud public or private property with a value of 3, to 1, yuan or more, 3, to 1, yuan or more, and 5, yuan or more shall be deemed as "a large amount", "a huge amount" and "a particularly huge amount" as stipulated in Article 266 of the Criminal Law respectively.

2. What is the crime of fraud

1. The act of defrauding a large amount of public or private property by fabricating facts or concealing the truth for the purpose of illegal possession. The object of this crime is the ownership of public and private property.

2. Objectively, this crime is manifested as using fraudulent methods (fictional facts or concealing the truth) to defraud a large amount of public or private property.

3. How to deal with online loan fraud

1. Victims can collect evidence of online loan fraud, such as website screenshots, transfer records, chat records, etc.

2. The victim can report the case to the public security organ and submit the collected evidence materials, so that the public security organ can intervene in the investigation and investigate the criminal responsibility of the fraudster.

3. If the loss is not fully refunded, the victim can file a civil lawsuit with the court and claim compensation from the fraudster

The main forms of fraud mainly include: defrauding people who need help when they encounter some kind of harm; Fraud in a special capacity; Fraud in the name of an intermediary; Fraudulent use of acquaintances; And win people's trust through small interests to commit fraud. What are the ways of fraud? 2

1. Fraud is mainly divided into several forms

The main types of fraud are: contract fraud, bill fraud, loan fraud and credit card fraud? Most; The crimes of letter of credit fraud, financial voucher fraud, fund-raising fraud, securities fraud, insurance fraud and swindling.

2. Elements of the crime of fraud

1. Deception

The content of deception is to make the other party have a wrong understanding and make the property disposition that the perpetrator hopes. In real life, there are various deception means of fraud, including verbal deception and literal deception.

2. Make the other party misunderstand

Deception must make the other party misunderstand or continue to maintain it. Even if the deceived person makes some mistakes in judgment, it does not hinder the establishment of deception. It should be noted that the misunderstanding must be the misunderstanding of disposing of property.

3. Causing the other party to dispose of the property based on misunderstanding

The concrete manifestations of disposing of the property usually include direct delivery of the property, commitment of the actor to acquire the property, commitment to transfer the property interests, commitment to forgive the actor's debts, etc. If the actor commits deception and makes others give up property, and the actor picks up the property, it should also be recognized as fraud.

4. The actor or the third party obtains the property

After the other party disposes of the property by deception, the actor or the third party obtains the property. Obtaining property includes two situations: temporary positive property increase, such as transferring the victim's property to the actor or a third party, or obtaining property benefits such as creditor's rights; The second is the reduction of negative property, such as making the other party exempt or reduce the debts of the actor or the third party.

5. The victim suffered property loss

The criminal law of our country requires that the accomplished situation of the crime of fraud is that the victim suffered property loss or the imminent danger of property loss caused by deception. The victims include not only natural persons, but also units and countries. For example, fraud, forgery of certification materials or other means to defraud pension, medical care, work injury, unemployment, maternity and other social security benefits, the crime of fraud is established.

6. Form of responsibility

The form of responsibility of this crime is intentional, and at the same time, the perpetrator is required to have the subjective purpose of illegal possession.

III. Jurisdiction over disputes over fraud

According to the provisions on the jurisdiction of criminal cases, criminal cases are generally reported to the public security organs in the crime areas. The place of crime includes the place of criminal act and the place of criminal result. If it is more appropriate to handle it by the public security organ of the criminal suspect's residence, it can be handled by the public security organ of the criminal suspect's residence.

According to the law, the main types of fraud are: contract fraud, bill fraud, loan fraud and credit card fraud. The crimes of letter of credit fraud, financial voucher fraud, fund-raising fraud, securities fraud, insurance fraud and swindling. What are the ways of fraud? 3

What are the means of fraud? 1. Fraud through acquaintances.

Such swindlers often cheat as imposters or as fellow villagers or friends. The victims often have to "surrender" because of their face or out of "friendship". What's more, they regard someone's search as an honor, and "would rather believe it or not" and then "give generously".

2. Fraud in the name of an intermediary

At present, such fraud cases are on the rise. Now some students go out to do part-time jobs, tutor, etc., and this may happen. This kind of swindler takes advantage of the students' eagerness to find a good part-time job and tutor, defrauds in the name of recruitment points, part-time tutor agencies, etc. or uses students as their part-time labor force to make a big profit from it.

3. Fraud in a special capacity

Most of these swindlers cheat in the name of "capable people and celebrities" in society, such as falsely claiming that they are directors, public security personnel, businessmen, qigong masters, etc., raising their social status and expressing "complete ability" to solve difficult things such as finding a job. This kind of fraud is relatively simple and easy to see through.

4. Fraud in the name of being in urgent need of help when encountering a certain disaster. At present, such fraudsters mostly cheat in the name of lost or lost students, people in disaster areas, victims, etc. In fact, this kind of fraud is mostly primitive, and everyone can see through it with a little thinking.

5. It is believed that cheating is based on small profits.

This kind of swindler is extremely cunning. He takes the method of "playing hard to get" to cash in the promised benefits first, so that you feel that what this person has done is credible. After gaining your trust, he will give you a hard knock, so that you will suffer heavy losses in absolute trust and unconsciously. This kind of fraud is well planned and discovered.

how to prevent fraud

we should think deeply and investigate the "windfall" and "benefits" that fly in, especially the benefits promised by people who are not familiar with them. You know, there will be no pie in the sky. If you overcome the psychology of being greedy and cheap, you will not be ecstatic about the sudden "benefits". For these "windfalls" and "benefits", the best defense is to think twice before you act.

In a word, the process of cheating by fraudsters can be divided into two stages: one is to win trust, and the other is to defraud the other party's property. For fraudsters and victims, the first stage is the most important and the most prominent stage of fraudsters' behavior. Although there are many ways to cheat, we can avoid being cheated in most cases as long as we have a strong anti-fraud consciousness, overcome some bad psychology in our hearts, stay sober and do "think twice before you act, check three times before you act".

However, in practice, we should also improve our anti-fraud awareness, not be greedy for cheap, and avoid damaging our own interests.