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What should I do if I’m cheated out of 20,000 yuan while looking for connections?
All kinds of complex relationships in real society can be reflected on the Internet. As far as the general objects violated by Internet fraud crimes are concerned, they are naturally everything protected by criminal law and infringed by perpetrators of Internet fraud crimes. social relations.
Netizen consultation:
I was defrauded of 20,000 yuan online. I have the other party’s mobile phone number, deduction number, and bank card number. The bank card number is definitely my own. I have filed a case with the police. It has only been ten days. There is no result. Is there any hope of recovery from this situation?
Lawyer Jin Hengwei of Shanghai Hansheng (Beijing) Law Firm answered:
After being defrauded by the Internet, after reporting and filing the case, it is possible to recover the money, but the probability is very low. It is necessary to The victim’s cooperation and the attention of relevant departments. Internet fraud cases are generally difficult to solve. Investigation and evidence collection are inconvenient, and the detection time will be relatively long, which is not conducive to recovering the victim's losses.
As a victim, proactively contact the police and provide as much and detailed information as possible to help solve the case, which will help catch the criminal as soon as possible and recover the losses. If the police make no progress within a short period of time, don’t be too anxious. Wait patiently and learn lessons from the incident. Don’t be fooled again.
Whether the defrauded money can be recovered depends on whether the case can be solved and whether the criminal suspect can be caught and the stolen money has been squandered. If the case cannot be solved or the stolen money and goods are squandered, you cannot get them back, otherwise they can be returned to the victim.
Lawyer Jin Hengwei’s analysis:
Article 108 of the Criminal Procedure Law: Any unit or individual who discovers criminal facts or criminal suspects has the right and obligation to report to the public security organs, The People's Procuratorate or the People's Court reports the case or reports.
Victims have the right to report or accuse criminal facts or criminal suspects that infringe upon their personal or property rights to the public security organs, people's procuratorates or people's courts.
Article 139 of the "Criminal Procedure Law" Any property and documents discovered during investigation activities that can be used to prove the guilt or innocence of a criminal suspect shall be sealed and detained; if they are not related to the case Property and documents must not be seized or detained. Seized or seized property and documents must be properly kept or sealed and must not be used, exchanged or destroyed.
Article 266 of the "Criminal Law":
Whoever defrauds public or private property, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall be concurrently or solely punished fine; 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 particularly huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment and shall be fined or confiscated property. If this law provides otherwise, the provisions shall prevail.
Using telecommunications technology means such as sending text messages, making phone calls, and the Internet to defraud an unspecified majority of people. The amount of the fraud is difficult to verify, but if one of the following circumstances occurs, it shall be deemed as Article 266 of the Criminal Law. "Other serious circumstances" stipulated in this article shall be convicted and punished for the crime of fraud (attempted):
1. Sending more than 5,000 fraudulent messages.
2. Making more than 500 fraudulent calls.
3. Violent fraud methods and serious harm.
Whoever commits the acts specified in the preceding paragraph and the quantity reaches more than ten times the standards specified in Items 1 and 2 of the preceding paragraph, or the fraud means are particularly egregious and the harm is particularly serious, shall be deemed to be under Article 266 of the Criminal Law. "Other particularly serious circumstances" stipulated in the Article shall be convicted and punished as fraud (attempted).
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