Characteristics of telecom fraud

The characteristics of telecom fraud are: 1, claiming that identity documents have been fraudulently used by others, which is suspected of committing a crime; 2. Using the feature that VoIP can change the number, pretending to be the office phone of the public security organ to increase its credibility; 3. Pretending to be a public security law, claiming to handle a case and requesting transfer to a designated account; 4. The victim actively cooperates with self-incrimination or is afraid of committing a crime.

Legal analysis

First of all, the spread of criminal activities is relatively large and develops rapidly. Criminals often take advantage of people's psychology of seeking advantages and avoiding disadvantages, and release false information to the masses by fabricating false telephone calls and text messages. In a very short time, the scope of publication is very wide, the scope of infringement is very large, so the scope of loss is also very wide. Second, the renovation of information fraud means is very fast. At first, it just bought a "local cannon" with a little money to get a short message, and then it developed into any software and radio station displaying numbers on the Internet, which became a highly intelligent fraud. From the perspective of fraud excuses, from the most primitive winning fraud and consumption information to extortion, telephone arrears, car tax refund and so on. Criminals can always come up with all kinds of tricks. Third, gangs commit crimes and have strong anti-investigation ability. Generally, remote and non-contact fraud is used, and criminal gangs are well organized. They operate as enterprises with a clear division of labor. Some people are responsible for buying mobile phones, opening bank accounts, making phone calls and transferring money. The next process does not know the situation of the previous process. This has also brought great difficulties to the public security organs in handling cases. Fourth, transnational cross-border crimes are more prominent: some criminals publish false information in China to deceive overseas personnel, and some often publish short messages abroad to deceive people in China, which is very difficult to crack down on.

legal ground

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