If a person commits multiple unprocessed telecommunication network frauds within two years, and the cumulative amount of the frauds is calculated to constitute a crime, he or she shall be convicted and punished in accordance with the law.
(2) the implementation of telecommunications network fraud crime, to reach the corresponding amount of standard, with one of the following circumstances, discretionary heavy punishment:
1. causing the victim or his close relatives to commit suicide, death or mental disorder and other serious consequences;
2. posing as a judicial organ and other state organs and other staff to implement the fraud;
3. organizing, directing telecommunications Network fraud criminal gangs;
4. outside the country to implement telecommunications network fraud;
5. had been criminal punishment for telecommunications network fraud or within two years had received administrative punishment for telecommunications network fraud;
6. defrauding people with disabilities, the elderly, minors, school students, the loss of the ability to work people's belongings, or defrauding people with serious illnesses and their relatives property;
7, fraudulent disaster relief, rescue, flood control, welfare, poverty alleviation, immigration, relief, medical and other funds;
8, disaster relief, fund-raising and other social welfare, charity in the name of fraud;
9, the use of telephone paging system and other technical means of serious interference in the work of public security organs and other departments;
10, the use of "phishing sites", "phishing sites", "phishing sites", "phishing sites" and other technical means. "Phishing" links, "Trojan horse" program links, network infiltration and other hidden technical means to implement fraud.
(3) The commission of the crime of telecommunication network fraud, the amount of fraud is close to the standard of "huge amount" and "especially huge amount", and if one of the circumstances stipulated in the preceding Article (2) is present, it shall be recognized as the "other serious circumstances" stipulated in Article 266 of the Criminal Law, respectively. "other serious circumstances" and "other particularly serious circumstances".
The above provisions of the "close to", generally should be mastered in the corresponding amount of more than eighty percent of the standard.
(d) the implementation of telecommunication network fraud, criminal suspects, the defendant actually cheated the property, the crime of fraud (attempted) convicted and punished. If the amount of the fraud is difficult to prove, but one of the following circumstances exists, it shall be recognized as "other serious circumstances" as stipulated in Article 266 of the Criminal Law, and shall be punished by conviction of the crime of fraud (attempted):
1. Sending more than 5,000 pieces of fraudulent information or making more than 500 calls to fraudulent telephone numbers;
2, Posting fraudulent information on the Internet with more than five thousand cumulative page views.
Where the above circumstances are present, and the number reaches more than ten times the corresponding standard, it shall be recognized as "other particularly serious circumstances" as stipulated in Article 266 of the Criminal Law, and be convicted and punished as a fraud (attempt).
The above "making a fraudulent telephone call" includes making a fraudulent telephone call and receiving a call back from the victim. If the same telephone number is repeatedly dialed and answered, and if fraudulent information is repeatedly sent to the same victim, the number of calls dialed and answered, and the number of pieces of information sent are cumulative.
Where it is difficult to collect evidence of the number of calls made and the number of pieces of information sent because the suspect or defendant intentionally conceals or destroys the evidence, it may be determined on the basis of the verified number of calls made and the number of pieces of information sent on a daily basis in conjunction with the time of the commission of the crime by the suspect or defendant, and the suspect's or defendant's confession and other relevant evidence.
(E) Telecommunications network fraud is both attempted and unattempted, and where different sentencing ranges are reached, the punishment shall be in accordance with the provisions of the heavier penalty; where the same sentencing range is reached, the punishment shall be attempted fraud.
(VI) In determining the penalty for a defendant who commits a telecommunication network fraud offense, the starting point for sentencing and the base sentence shall generally be selected at a higher level. When determining the sentence to be pronounced, the factual circumstances of the whole case shall be synthesized to accurately grasp the adjustment range of the aggravating and mitigating circumstances of the sentence, and to ensure that the crime and responsibility of the punishment are appropriate.
(VII) For defendants who commit telecommunication network fraud, the scope of probation shall be strictly controlled, and the conditions for applying probation shall be strictly grasped.
(viii) for the defendant who committed the telecommunication network fraud crime, should pay more attention to the application of the property sentence in accordance with the law, increase the economic punishment, and maximize the deprivation of the defendant's ability to recidivate.
Legal basis:
Article 266 of the Criminal Law of the People's Republic of China*** and the People's Republic of China stipulates:
If the amount of money involved in the fraud of public or private property is relatively large, the person shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, or control, and shall also be punished with a fine or a single fine; if the amount of money is huge or if there are other serious circumstances, the person shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years. fixed-term imprisonment of not less than three years or not more than ten years, and a fine; where the amount is particularly large or there are other particularly serious circumstances, fixed-term imprisonment of not less than ten years or life imprisonment, and a fine or confiscation of property. Where this Law provides otherwise, it shall be in accordance with the provisions.
Article 287 (1)
If a person uses an information network to commit one of the following acts under serious circumstances, he or she shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall be liable to a fine or a single fine:
(1) Setting up a website or a communication group for the purpose of committing illegal and criminal activities, such as committing fraud, teaching criminal methods, or producing or selling forbidden or controlled articles.