What charges are involved in telecom fraud？

Changjiang Daily, May 6th At present, telecom fraud cases are constantly being refurbished, causing serious mental and property losses to people. How to prevent telecom fraud has become a topic that cannot be ignored.

The Changjiang Daily reporter found that there is no special crime of telecom fraud in China’s criminal law. Telecommunication fraud is one of the forms of fraud. Usually, by telephone, internet and SMS, people fabricate false information, set up scams, conduct remote and non-contact fraud on victims, induce victims to make money or transfer money, and commit illegal and criminal acts. Generally, they are punished as fraud.

If the telecom fraud committed by the perpetrator violates other crimes, it needs to be specifically convicted according to the principle of a legally prescribed punishment for a specified crime. If an act commits multiple crimes at the same time, which constitutes imaginative concurrence, it should be punished as a felony.

I. Crime of swindling and cheating

In order to seek illegal interests, it is an illegal act to impersonate the identity or professional title of the staff of state organs to cheat, which damages the prestige of state organs and their normal activities.

[case]

In order to gain illegal benefits, Huang, a young man born after 1990s, pretended to be a staff member of state organs and swindled people everywhere. He used the victims’ trust in the staff members of state organs to defraud dozens of victims of money through the Internet, totaling more than 7,000 yuan.

After the trial, the court held that the defendant, Huang, in order to gain illegal interests, flaunted around as a staff member of a state organ, and used the victim’s trust in the staff member of a state organ to defraud the victim of money many times. The circumstances were serious, and his behavior had violated China’s criminal law and constituted a crime of swindling and cheating, which should be punished according to law.

Second, the crime of infringing citizens’ personal information

The front end of the crime of fraud is directly connected with the crime of infringing citizens’ personal information, that is, the perpetrator commits fraud after illegally obtaining citizens’ personal information.

[case]

In August 2019, Hu Mou, Yu Mou and Shen Mou jointly discussed the sale of men’s health care products in partnership. Hu Mou provided intelligent telemarketing robots, and Yu Mou and Shen Mou were responsible for the supply of health care products and delivery.

Hu bought more than 30,000 pieces of citizen’s personal information including address and mobile phone number through the Internet. Shen and Yu arranged for the operator to call to confirm the customer and deliver the goods by express delivery, and made a profit of more than 10,000 yuan.

After the trial, the court held that Hu, Shen and Yu illegally obtained citizens’ personal information, and the circumstances were serious, and their actions constituted crimes of infringing citizens’ personal information.

Third, the crime of gambling

Using telecommunication network to induce the victim to bet on gambling, if he does not manipulate the gambling, but only induces him to gamble and obtain property in a probable way, he is convicted of gambling.

[case]

Beginning in January 2015, Zou Moujia and Zou Mouyi used the gambling online game platform to start a "silver merchant" to carry out the business of collecting and selling game coins.

Zou Moujia and Zou Mouyi contacted others through QQ to develop game currency trading business, and organized, attracted and recruited gamblers to gamble on gambling game websites.

According to statistics, Xiong Mou, Wang Mou, Hu Mou, Chen Mou and others spent 9,724,500 yuan, 1000 yuan, 6,000 yuan and 12,200 yuan respectively in gambling online game platform games by exchanging game currency through Zou Moujia’s online shop.

The court ruled that Zou Moujia was guilty of gambling, sentenced to seven months in prison and fined RMB280,000. The returned illegal income shall be confiscated.

The picture shows a telecom fraud case tried by the Qingshan District Court in Wuhan. Correspondent Yang Lan for the picture

Fourth, the crime of interfering with the order of radio communication

In violation of state regulations, unauthorized establishment and use of radio stations (stations) or unauthorized use of radio frequencies interfere with the order of radio communication, and the circumstances are serious.

[case]

In September 2015, Sun was caught on the spot when he sent advertising information to surrounding mobile phone users through a radio station set up without authorization in his small car. It was determined that the equipment involved did not apply for a radio station license, which belonged to the unauthorized establishment and use of radio stations. The number of users interrupted by sending short messages by the equipment involved reached more than 190,000.

The public prosecution agency believes that Sun violated state regulations, set up and used radio stations without authorization, sent advertising messages, and interfered with the order of radio communication. If the circumstances are serious, he should be investigated for criminal responsibility for disturbing the order of radio communication management.

On April 29, the suspect of "broken card" arrested by Huangpi police Li was Deng. Correspondent Feng Wei for the picture

V. Crime of helping information network criminal activities

It refers to a serious act of providing technical support such as internet access, server hosting, network storage, communication transmission, etc., or providing assistance such as advertising promotion and payment and settlement, knowing that others use information networks to commit crimes.

[case]

In June, 2019, Chen Mou heard that he could easily make money by selling his bank card abroad for others to use.

Chen Mou thinks this way of making money is easy and simple. Although the bank card may be used for illegal purposes, he still sells two bank cards under his name and the mobile phone card and U shield bound to the bank card to Zhang at a price of 4,000 yuan, and sends the bank card, mobile phone card and other things to the address provided by Zhang by express mail.

After investigation, Chen Mou’s bank cards were used by criminals to commit online fraud, and the total amount of money remitted by the victims to Chen Mou’s bank account was RMB 200,000.

The court sentenced Chen Mou to seven months’ imprisonment and fined 50,000 yuan for helping information network criminal activities.

On April 28th, Caidian police arrested suspects who bought and sold bank cards. Correspondent Feng Wei for the picture

(Changjiang Daily reporter Yan Shanshan)