Extended data:
Internet fraud is a high-tech and intelligent crime, and it is difficult for public security organs to solve the case. Many cases are not filed by the public security organs because they can't solve the case at all. Even if people are arrested, online fraud cases involve a lot of high-tech knowledge, and electronic evidence is presented in the form of binary code, which is easy to be tampered with and lost, and non-professionals simply can't understand these electronic evidence. Many cases have been arrested, but they cannot be convicted in court.
Using virtual computer network to commit crimes is different from traditional crimes, and it will not leave traces or objects in the crime space or crime place that can prove that its behavior is the same as my own. In this case, even if there are clues pointing to the criminal suspect and arresting him, there are still difficulties in the investigation of online fraud cases, such as how to determine that an accepted fraud crime fact is committed by the criminal suspect and how to determine that the computer network operation behavior of online fraud is committed by the criminal suspect.
First, how to sentence online fraud
Referring to the provisions of the Criminal Law and the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in the Trial of Fraud Cases: whoever defrauds public or private property in a 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.
1, personal fraud of public and private property of more than 2,000 yuan, which is a large amount; Individuals who defraud public or private property of more than 30 thousand yuan belong to a huge amount.
2. The person in charge directly responsible for the unit and other directly responsible personnel resort to deceit in the name of the unit. If the income from fraud belongs to the unit and the amount is more than 50,000 to 654.38+10,000 yuan, the criminal responsibility of the above-mentioned personnel shall be investigated in accordance with the provisions of Article 151 of the Criminal Law; If the amount is more than 200,000 yuan but less than 300,000 yuan, the criminal responsibility of the above-mentioned personnel shall be investigated in accordance with the provisions of Article 152 of the Criminal Law.
3. For the crime of joint fraud, the amount of the crime is determined by the amount of the actor's participation in the joint fraud, and the actor's position and role in the joint crime and the amount of illegal income are punished according to law.
4. The amount is small, not reaching 2000 yuan, which does not constitute the crime of fraud. However, it violates social security. According to the provisions of the Law on Public Security Administration Punishment, he was detained for 5 ~ 15 days and may be fined 1000 yuan. However, if the accumulated amount of fraud exceeds 2,000-5,000, criminal responsibility for the crime of fraud may be investigated.
Second, the characteristics of online fraud
(1) From the composition of criminal members, most of them are unemployed and tend to be younger. In this case, criminals basically have no fixed jobs and no stable income. In addition, all the criminals were born after 1990, and all the four criminals in this case were born after 1990, accounting for 100%, showing a trend of rejuvenation as a whole.
(2) Judging from the academic qualifications of criminal members, most of them have junior high school education and lack legal awareness. In this case, three of the four members of the gang graduated from junior high school, accounting for 75%. Because these criminals graduated from junior high school, they did not go to a higher school for further study, nor did they receive corresponding vocational training. They also have a long-term idea of "taking care of leisure and hating work". Some of them were addicted to the internet as early as junior high school, and they were unwilling to study, especially lacking legal knowledge. Besides, I am familiar with computer application technology.
(3) Judging from the family situation of criminal members, family education is lacking. Judging from the family structure of four members who committed crimes, the parents of 1 member's family divorced, and the parents of three members' families went out to work for many years, resulting in a serious lack of family education.
(4) From the type of crime, it is mainly committed by gangs with clear division of labor. In such cases, in order to win the trust of the victims, criminals often cooperate with several people and have a clear division of labor. For example, in this case, Cai is responsible for searching online transaction records from Taobao, and then pretending to be a buyer to contact the seller to obtain personal information such as the buyer's name, delivery address and contact number from the seller. Li, the suspect, is responsible for finding orders online. Because he can speak Mandarin, he is responsible for calling the victims, and the rest of the criminals are assisting. After the fraud was successful, the defrauded property was used by three people.
(5) From the point of view of criminal means, it is concealed. Because online fraud is not limited by time and space, it can be operated remotely through the network. Although the real-name registration system is implemented, the criminal suspect temporarily registered the QQ number before committing the crime and stopped using it after committing the crime, which is extremely concealed.
Third, the difficulty of investigating online fraud crimes.
(1) It is difficult to investigate and collect evidence. The common means used by criminals in cyber crimes are:
1. Register a bank card with a fake ID card;
2. Use a mobile phone specially used for committing crimes;
3. Having multiple network registered names with different names;
4. In order to avoid detection, mobile phones are often used to access the Internet, and relevant online evidence is destroyed after successful fraud.
Compared with traditional crimes, the risk of online fraud is small, and it is often difficult to determine the suspect and the location of the crime because of the rapid spread of the network. In addition, online fraud often deceives a large number of netizens, with a large number of victims and a wide range, which brings great difficulties to the investigation of public security organs.
(2) The cost of handling cases is too high. Because such cases are cross-regional and involve a wide range, public security organs often have to travel all over the country to collect evidence when detecting such cases, and the cost of handling cases far exceeds that of handling ordinary fraud cases.
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