Telecommunications fraud how to judge? Send 5 thousand messages can be.
nanfangribao· 2016-10-09 09:58:32
Nanfang Daily reporter Dai Xiaoxiao Hong Yiyi Liu Guannan vension male photo
the Yellow River, Chen Guang and Cui Liang (a pseudonym) is 90, white people in Maoming. Beginning in June 2013, the Yellow River, Zhong Pei, Chen Guang and Cui Liang several "doing business" - "guess who I am."". 4 division of labor: responsible for a number of special training bell call "thugs", borrow money from relatives and friends posing as the owner of the machine; the main section, the Yellow River is arranged "card hand" withdrawals, Chen assistance.
money seems to be very easy to come. Just 5 months, a few of them successfully lured 14 victims of more than 100 thousand yuan. On the day of September 4th, the "hatchet man" to correct a large sum of money, the victim Jiang believe guess who will give them tricks, one-time transfer 170 thousand yuan. That night, 4 people are excited about the exception. They may not know, this huge amount of money will make their sentences longer term.
"guess who I am", this is the most appropriated by the Maoming electric telephone fraud, put a lot of people are confused in quite a long period of time, including the later evolved "I am your leadership" trick, also very confused. In September 22 Japanese newspaper reported "suspicious phone spam messages why" no stopping "secret of the lawless pseudo base techniques such as bulk SMS, then send the number of SMS fraud, dial telephone fraud, involving many reach, can be punished? If the bulk of a lot of fraud information but did not cheat money, this case can also be held criminally responsible for the liar? In view of the above topic, the Southern Daily reporter launched an investigation.
telecommunications fraud how much money will go to jail?
found that 170 thousand yuan overnight was swept away, Jiang learned cheated immediately after the report, the following year in January, the Yellow River, Chen and Cui Liang was arrested by public security organs. According to the case concluded, the Yellow River principal suspected of the crime amount is 226800 yuan, jailed in five years and six months; Chen relates to the amount of crime 198500 yuan, jailed in two years and six months; Cui Liang relates to the crime amount 198300 yuan, although it is still an accomplice, jailed in two years and six months.
telecommunications fraud cases how sentencing? According to our interpretation of the "criminal law" and "the Supreme People's court and the Supreme People's Procuratorate on Several Issues concerning the specific application of law in criminal cases of fraud" (hereinafter referred to as "judicial interpretation") regulations, fraud 3000 yuan to 10 thousand yuan, identified as the "large amount", three years of fixed-term imprisonment; 30 thousand yuan to defraud more than 100 thousand yuan, with 500 thousand yuan, or other serious circumstances, identified as "huge amount", more than three years of fixed-term imprisonment of ten years; fraud more than 500 thousand yuan, or other especially serious circumstances, identified as "huge amount", at ten years imprisonment or life imprisonment.
according to this crime rate, around the introduction of telecommunications fraud sentencing standards, Guangdong province is divided into three levels: fraud conviction standard of 6000 yuan to 100 thousand yuan can sentencing to 3 years, 100 thousand yuan to 500 thousand yuan fraud sentencing 3 to 10 years, more than 500 thousand yuan can be fraud sentencing for more than 10 years of imprisonment or period prison. This also means that as long as the fraud 6000 yuan, the conviction into the sentence. The principal case in the Yellow River involving fraud of more than 20 yuan, will be in prison squat about 5 years.
reporter recently retrieved telephone fraud cases in Guangzhou area in recent years, found that involves the guess who is the largest number of fraud gang. From 2013 to 2016, there are at least 9 "guess who" fraud gang in Guangzhou was sentenced to punishment.
in 2013 as the defendant Yang Xingsheng cracked the case, the gang within one year of 62 victims of fraud, fraud totaling 1 million 535 thousand yuan, the defendant Yang Xingsheng was sentenced in ten years and six months, fined 200 thousand yuan.
worth noting is that the conviction of fraud cases in our country, in order to "amount + plot" as the standard of sentencing. "If the circumstances are serious, is mainly based on the means of crime, the crime is bad object particularity, to determine the material properties of fraud." Shenzhen Yantian District Court criminal trial court vice president of Zhejiang bin told reporters. "A case involving the amount of fraud in the 120 thousand, the sentencing range of 3 to 10 years. If it is a general fraud cases, the court or will be sentenced to 4 to 3 years; but if this is a telecommunications fraud, or will be sentenced to 5 years or so." Zhe zhe zhe.
legal Guangdong Sheng state law firm partner, deputy director of the economic crime of the Guangzhou Lawyers Association Professional Committee Southern lawyer told reporters that if the fraud of the following circumstances, should be severely punished, for example by sending SMS, telephone or the Internet dissemination of false information, the implementation of fraud for the majority of people are not specific; for example emergency rescue and disaster relief, poverty alleviation and special care fraud; such as donation name fraud; for example, Dutch act caused the victim's mental disorder or other serious consequences. "The concern of the Xu Yuyu fraud death case, the fraudsters should be severely punished discretion."
did not get money can also be punished? Non contact
telecommunications fraud crime belongs to the "wide" type. SMS fraud everywhere, but the trick is probably a small part. So, if fraud is only a phone call or send the message, the result is "failed", not to cheat money, whether from legal sanctions?
all zhe bin told reporters that the use of sending text messages, telephone calls, Internet and other telecommunications technical means for the majority of people are not specific to the implementation of fraud, fraud is often difficult to verify the amount. The judicial interpretation of the detailed provisions, sending fraudulent information for more than 5000 or more than 500 people call telephone fraud, should be recognized as criminal law "other serious circumstances", for the crime of fraud (attempted) convicted and punished. In addition, the judicial interpretation also stipulates that knowingly commit fraud crimes, to provide credit card, mobile phone card, communication tools, communication channels, network technical support, such as the cost of clearing help, to be punished as a joint crime. "Shows that China has increased the intensity of telecommunications fraud, telecommunications fraud crime costs are very high." Zhe zhe zhe.
sent more than 5000 fraud information, this number is difficult to achieve? "It is not difficult at one point." Guangdong Province Public Security Bureau police officer told reporters, now have mass technology, using a pseudo base station set up the program, a button, you can send dozens, hundreds of messages. In the near future is Yantian court trial of the attempted fraud cases, the use of pseudo base station to send fraudulent messages, 2 hours can send about 12000. Judge handling the case said that although the defendant did not have money, can still be considered as a serious fraud sentencing.
and to those who have been deceived, the most concerned about is that those who are cheated of the money back. Zhejiang Bin said, when handling the judge will try to persuade the defendant to return, to the greatest extent to restore victim losses. "The court will also be given a lighter punishment on the defendant. In fact, even if the defendant does not refund, the court will be ordered in the judgment of the future restitution, as long as people have the property will be executed."
2015 Zhejiang bin of the case, false advertising, Chen Guohe Yang Wei three Yang Wen Hainan guy through online sales of iPhone mobile phone cheated 78642 yuan, the court finally persuaded them to return, will eventually be cheated to all 11 suckers.
Guangzhou court system the anonymity of the judge, the case handling department to change the "heavy light, handling stolen goods" concept, the stolen goods work throughout the whole process of the investigation, prosecution and trial, even if the judgment, the court also sentenced to do after work to zhuizang.
telecommunications fraud is difficult to conviction?
and other types of fraud cases compared to the telecommunications network fraud cases more difficult to handle. "Victims and criminals have not seen between the face, because the division of labor among different groups, many members do not know." Guangdong Sheng Dian partner of Law Firm lawyer Guo Zhaohui worked as a police office over a large number of economic crimes in public security organs. He told reporters that the organization of criminal gangs to change the structure of the organization, showing the organization's management and business model, a clear division of labor, hierarchy.
of the Guangdong police cracked telecommunications fraud Gang, "fraud group" card "" transfer "group" withdrawal group "and" money laundering group "and other areas of mutual independence, single contact; the implementation team leader responsibility system, according to the size and the amount of fraud contribution percentage. Some specialized criminal organizations and even registered company, under the guise of legitimate business to cover up the crime of fraud.
and in the information age, many transactions can be carried out through mobile phones, networks, more subtle, but also to increase the difficulty of handling cases. Yantian Zhejiang bin judge said, admissibility of evidence in the case of the difficulty is not small, unlike the case of single chain of evidence now, such cases often have pyramid type of crime trends, crime reticular structure, structure of the case are showing evidence of network evidence system. "Usually each fraud is as a separate case of evidence to check, time-consuming and laborious, but absolutely can not have the slightest careless."
full Zhejiang Bin said that due to the principal fraud network on-line and the facts of the crime of concealment, some were sentenced will fight. "The defendant more are in the network, they feel that their 'downline' is the victim, after being sentenced to be in court loudly protested."
with the police to intensify the crackdown, many dens fraud gangs have moved offshore, Southeast Asia, Europe and africa...... Earlier this month the Guangzhou police escorted back from Armenia 129 suspects, 6 special telephone fraud dens set by the gang, hidden in the Eurasian junction very inconspicuous place in the country.
now, fraud is also gradually upgrading, as many as nearly a hundred, while the network of fraud gangs and online banking transfer addresses are basically outside, that is, two out of the situation. The problem with this is, the public security organs is difficult to obtain a complete chain of evidence, that there is a part of the actual amount of fraud is difficult to verify, reflected in the sentencing, is sentenced to a penalty than its actual criminal responsibility should be lighter. The legal profession pointed out that in the current judicial practice of telecommunications fraud in a certain extent reflects the characteristics of "catch more, less, convicted of felony lenient sentence".
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