What is telecom fraud?

Telecom fraud is a criminal form that aims at illegal possession, makes full use of modern scientific and technological means such as telephone, internet and short message to communicate with criminal targets at a long distance, defrauds the victim to transfer the deposit in his account by using false names, fictional facts and other means, and then uses the bank account to intercept the stolen money.

Legal analysis

Telecommunication fraud crime refers to a kind of cases that use mobile phones, fixed telephones, internet phones and other communication channels to defraud money by making calls and sending short messages, and infringe on citizens' property rights. Telecom fraud crime is the same as other fraud crimes: the subject of crime is the general subject; Subjectively, it is direct and intentional, with the purpose of illegally possessing the victim's property; The object is the ownership of public and private property; Objectively speaking, it is also an act of fabricating facts or concealing the truth by various means to defraud the criminal object of a large amount of property. Objectively speaking, telecom fraud consists of four parts: deceiving others, making the victim fall into misunderstanding, the victim disposing of property by mistake, and the actor obtaining property. Therefore, at the moment when the crime of telecom fraud has not been formally legislated, it should be possible to classify telecom fraud as a kind of fraud and determine the punishment according to the amount of fraud. The object of telecom fraud is different from ordinary fraud cases, and it is often not targeted or limited to a specific scope. As long as they are telephone, mobile phone and Internet users, they can be the targets of criminal acts. Criminals widely spread fraudulent information in the form of blind telephone dialing and short message group sending. , and spread infinitely in a very short time, covering a very wide range. Due to the expanding base of derailed objects, the number of deceived people is also increasing.

legal ground

Article 266 of the Criminal Law of People's Republic of China (PRC) 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.