1. What is telecom fraud?
According to 20 1 1 Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Fraud Criminal Cases (hereinafter referred to as the Interpretation) and 20 18 "Guidelines for Procuratorial Organs in Handling Telecommunication Network Fraud Cases", we can define telecommunication fraud as the act of fabricating false information and committing fraud by telephone, internet, short messages, etc.
2. Determination of the amount of telecom fraud
According to Article 1 of the Interpretation, those who cheat public and private property by using telecommunication network technology in an amount of more than 3,000 yuan, more than 30,000 yuan and more than 500,000 yuan shall be deemed as "large amount", "huge amount" and "especially huge amount" as stipulated in Article 266 of the Criminal Law respectively.
That is, the amount of property defrauded is over 3,000 yuan, the amount of property defrauded is over 30,000 yuan, and the amount of property defrauded is over 500,000 yuan. Liu was cheated of 300 thousand yuan. According to Article 266 of the Criminal Law, the crime of fraud will be sentenced to fixed-term imprisonment of not less than three years but not more than ten years. If there are other victims besides Liu, and the total amount of fraud reaches 500,000 yuan, the criminals will face more than 10 years in prison or even life imprisonment.
3. The characteristics of telecom fraud
(1) Accurately target fraud.
In the era of big data, citizens will leave a lot of personal information online or in their daily lives. Sometimes, because the relevant departments have not taken relevant protection measures for citizens' personal information, or the technology is backward, citizens' personal information is illegally obtained by criminals and becomes a tool for them to collect money. For example, Liu's fan status in this case may be the target of fraud after being screened by criminals.
(2) Professionalization of criminal acts
The crime of telecommunication network fraud tends to be more and more specialized. Criminals commit crimes in partnership, and the organization of criminal gangs is becoming more and more obvious. There is a complete operation mode behind it, with tight internal structure and clear division of labor. Even the decision makers and the real illegal beneficiaries behind it are often hidden abroad, and the specific fraud is organized and implemented by domestic agents. In the face of this increasingly professional crime, it is impossible to prevent it!
(3) non-contact fraud
There is no positive communication between criminals and victims of telecom fraud, mainly through the internet, telephone, text messages and other communication methods. Compared with traditional fraud methods, it is more difficult for victims to master their appearance characteristics and provide relevant criminal information. Even if the case is solved and the criminal is arrested, the victim is sometimes difficult to identify. Just like Liu gambling, he has never seen a criminal suspect from beginning to end, but he has already cheated 300 thousand.
4. Prevent telecom fraud
First, pay attention to your own behavior inertia. Criminals often use common scenes in daily life to set up scams, such as online shopping, borrowing money and paying living expenses. When the deceived person receives the phone call, he will take the habitual response as the first time. Criminals will take advantage of the victim's behavioral inertia and gradually set traps to guide the victim into the trap. In order to get the money back, Liu gave his personal information and even his face to the fraudsters, allowing them to succeed.
Second, be wary of your own psychology of "love takes advantage of small things". Some telecom fraud is just a bait. Encouraged and lured by criminals, the deceived people covet the small benefits given by criminals, so they will take the bait and then follow the criminal's fraud process.
The process gets deeper and deeper, and eventually it will be lost because of small. Liu's behavior is to take a fancy to the high return of betting on the website, and take risks, which makes people upset. It is too late.
Third, calm down and call the police in time. The psychology of anxiety, impatience and worry that the deceived usually has after receiving the phone call. The more this time, the more calm. For example, when the relatives of victims have an accident and need immediate surgery to transfer money to an account, it is very common for criminals to use the victim's psychology to commit fraud.
Fourth, we should keep abreast of telecom fraud-related cases. Telecom fraud often occurs in China, and the means of fraud are updated from time to time, which often makes people unprepared. In the face of all kinds of fraudulent means of swindlers, we should always know something new and be prepared.