1. The suspect sent more than 5,000 fraudulent text messages;
2. The suspect made fraudulent phone calls more than 500 times;
3. The fraud information posted by the criminal suspect on the Internet has been viewed 5000 times;
4. The criminal suspect committed fraud through telephone, information, internet and other channels, and the value of the property obtained by fraud reached 3,000 yuan.
The penalties for online fraud are as follows:
1. Whoever commits this crime 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;
2. 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;
3. 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.
Forms and types of online fraud
1, fake a well-known large-scale website to hold a lottery, and the suspect fake a well-known large-scale website to hold a lottery, make a phishing website, and send fraudulent information by email, SMS, fetion, etc. , lied that netizens won the prize, and the amount was huge. In order to receive the bonus, netizens need to pay various fees. Once the money is remitted to the bank account designated by the suspect, they can no longer get in touch with the suspect.
2. Wholesale sales of mobile phone recharge cards at a very low price. Suspects make phishing websites and wholesale sales of mobile phone recharge cards at a very low price (generally 0.5 fold or 0.6 fold), which induces netizens to mistake it as a rare investment opportunity and buy such counterfeit mobile phone recharge cards in large quantities. When the netizen found that the mobile phone recharge card could not be recharged and contacted the suspect again, the suspect asked the netizen to pay the so-called "opening fee" under various excuses, and then the netizen could not get in touch with the suspect;
3. Ask online shopping users to remit money repeatedly in various names, and criminal suspects pretend to be sellers to trade with netizens on shopping websites. When netizens remit money, suspects ask netizens to remit money repeatedly in various names;
4. Recruit typists or part-time jobs. The suspects make phishing websites and falsely claim to recruit typists or part-time jobs in the name of major publishing houses to induce netizens to apply. When applying for a job, the suspect asked the netizen to pay a certain fee in various names. When the netizen finished inputting the manuscript and prepared to hand it over to the so-called "publishing house", he could not contact the suspect and found himself cheated.
5. Predicting the lottery, the suspect made a phishing website to attract netizens to join the club. Netizens have to pay a certain membership fee to join the club, and then the suspect also asks netizens for a high so-called "expert prediction fee" in various names. After discovering that they didn't win the prize, netizens realized that they had been cheated. At this time, they can't get in touch with the suspect, and the fees paid can't be recovered.
In summary, the perpetrator used more than 5,000 pieces of fraudulent information, and the amount of fraud reached more than 3,000 yuan, which constituted a criminal offence. He should be investigated for criminal responsibility according to law. The sentencing standard is determined according to the perpetrator's criminal circumstances and the amount of fraud. Generally, it will be sentenced to fixed-term imprisonment of not more than three years, and the amount will be sentenced to life imprisonment.
Legal basis:
Article 266 of the Criminal Law of People's Republic of China (PRC)
If the crime of fraud defrauds public or private property, and the amount is relatively large, it 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. Where there are other provisions in this Law, such provisions shall prevail.