How to convict of sending fraudulent information?

Sending more than 5,000 pieces of fraudulent information shall be deemed as "other serious circumstances" in the criminal law, and shall be convicted and punished for fraud (attempted).

The filing criteria for telecommunication network fraud are:

1. The suspect sent more than 5,000 fraudulent text messages;

2. The suspect made fraudulent phone calls more than 500 times;

3. The fraud information posted by the criminal suspect on the Internet has been viewed 5000 times;

4. The criminal suspect committed fraud through telephone, information, internet and other channels, and the value of the property obtained by fraud reached 3,000 yuan.

Whether sending fraudulent information constitutes a crime depends on the situation, as shown below:

1. The standard for filing the crime of fraud is that the amount is large, and the value of the defrauded property reaches more than 3,000. Therefore, when the fraudulent amount of sending fraudulent information reaches more than 3,000 yuan, it constitutes a crime, as shown in the following figure:

(1) Whoever cheats from 3,000 yuan to 10,000 yuan 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;

(2) Whoever cheats more than 30,000 yuan but less than 100,000 yuan shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years, and shall also be fined;

(3) Whoever cheats more than 500,000 yuan shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated.

Remedial measures for telecom fraud;

1. Call the police immediately 1 10 (pay attention to collecting evidence of fraud and then report to the local public security bureau);

2. Once you find yourself cheated after remittance, you can ask UnionPay for help at the first time;

3. See which bank the other party's account belongs to, and enter the destination account number of your remittance. When prompted for a password, the account will be automatically locked for 24 hours. These precious 24 hours make it impossible for the other party to transfer money, avoid expanding losses and provide time for the police to solve the case (note: assist the public security bureau to go to the bank to freeze the other party's bank card and prevent the other party from transferring property).

4. In order to prevent fraudsters from transferring money through online banking, you can log in to the online banking of this bank in time, enter the target account when logging in, and enter the wrong password three times in a row, and the online banking of this account will be locked for 24 hours.

To sum up, download the national anti-fraud center, ignore strange phone messages, and don't give scammers an opportunity.

legal ground

Criminal law of the people's Republic of China

Article 266 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 solely 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.

Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases of Fraud

Fifth, the use of SMS, telephone, Internet and other telecommunications technologies, the implementation of fraud against an unspecified majority. The amount of fraud is difficult to verify, but under any of the following circumstances, it shall be deemed as "other serious circumstances" as stipulated in Article 266 of the Criminal Law, and shall be convicted and punished for fraud (attempted): (1) Sending more than 5,000 pieces of fraudulent information; (2) Making fraudulent phone calls for more than 500 times; (3) The fraudulent means are bad and the harm is serious. If the number of acts specified in the preceding paragraph reaches more than ten times the standards specified in Items (1) and (2) of the preceding paragraph, or if the fraudulent means are particularly bad and the harm is particularly serious, it shall be deemed as "other particularly serious circumstances" as stipulated in Article 266 of the Criminal Law, and shall be convicted and punished for fraud (attempted).