What is mobile phone fraud?

"Mobile phone fraud" is a criminal act of fraud by SMS or telephone.

Criminals usually pretend to be banks, courier companies, public security organs and other units, sending false text messages or phone calls to obtain personal information or funds of victims. The characteristic of this fraud means is that criminals usually use some technical means to make the names of similar banks or other units appear on the display screen of the victim's mobile phone, thus making the victim mistakenly think that it is a text message or phone call from a real unit.

Common "mobile phone mouth" fraud means include: posing as a bank to send text messages or phone calls, asking the victim to provide personal information or transfer money. Pretending to be a public security organ to send text messages or phone calls, asking the victim to provide ID information or transfer money. Pretending to be a courier company to send a text message or call, asking the victim to provide consignee information or transfer money.

legal ground

Article 148 of the Civil Code of People's Republic of China (PRC): If a party commits a civil juristic act by fraudulent means to express his will against his true intention, the defrauded party has the right to request the people's court or an arbitration institution to cancel it. Article 149 A third party commits fraud, causing one party to commit a civil juristic act against its true meaning.

If the other party knows or should know about the fraud, the injured party has the right to request the people's court or arbitration institution to cancel it. Article 150 If one party or a third party coerces the other party to carry out a civil legal act against its true meaning, the coerced party has the right to request the people's court or an arbitration institution to cancel it.