Internet fraud. The police will handle it. After receiving the report, the Public Security Bureau shall file a case for investigation. Article 1 of the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Fraud stipulates that those who defraud public or private property in an amount of more than 3,000 yuan, more than 30,000 yuan, more than 100,000 yuan and more than 500,000 yuan are respectively deemed as "large amount", "huge amount" and "extremely huge amount" as stipulated in Article 266 of the Criminal Law. After placing a case on file, the public security organ may take investigation measures, detain the criminal suspect, freeze bank deposits and seize the stolen money.
"Will the police manage online fraud?" That's for sure. Internet fraud is also a kind of fraud. If the circumstances are minor, administrative punishment and civil punishment shall be given. If the circumstances are serious, more severe criminal punishment will be given. Internet fraud is a new type of crime with a wide audience and great social harm. What needs to be reminded here is that as the Internet goes deep into people's lives, online fraud is pervasive, and everyone should be vigilant at any time.
First, deception
1. Hackers steal other people's virtual property through network viruses. Generally, you don't need to go through the journey of the stolen person.
Sequence, carried out in the back door, is very fast and can spread across regions, making the detection time longer.
2. The netizen cheated. Generally speaking, it refers to the way to make friends online, get to know real people or networks, gain the trust of the stolen people and obtain property information. Slow speed, but slow detection speed.
3, the network "Ponzi scheme". Generally speaking, it refers to people who get rich quickly through false propaganda on the Internet, organize people who have no Internet work experience, and use online advertising and other means as gimmicks to curb membership fees for fraud.
Second, the composition of the crime of online fraud
(A) the object elements
The object of this crime is the ownership of public and private property. Some criminal activities, although they also use some deception and even pursue some illegal economic interests, are not or are not limited to the ownership of public and private property. So it does not constitute fraud. For example, abducting and selling women and children is a crime of violating personal rights.
The object of the crime of fraud is limited to the property of the state, the collective or the individual, and no other illegal interests may be defrauded. Its goal should also exclude loans from financial institutions. Because this law has specifically stipulated the crime of loan fraud in article 193.
(b) objective factors
Objectively, this crime is manifested in the use of fraud to defraud a large number of public and private property. First of all, the perpetrator committed fraud, which includes two forms: one is to fabricate facts, the other is to conceal the truth; Essentially, it is an act that makes the victim fall into a wrong understanding. The content of fraud is that under certain circumstances, the victim will have a wrong understanding and make the property disposal that the perpetrator hopes. Therefore, whether it is fiction or concealing facts, as long as there is the above content, it is fraud. If the fraudulent content does not make them dispose of their property, it is not fraudulent fraud. Fraud must reach the point where ordinary people can have a wrong understanding and exaggerate the goods they sell. If it is not beyond the tolerance of society, it is not fraud.
(3) Main elements
The subject of this crime is the general subject, and any natural person who has reached the legal age of criminal responsibility and has the ability of criminal responsibility can constitute this crime.
(4) Subjective factors
Subjectively, this crime is direct and intentional, with the purpose of illegal possession of public and private property.
Third, online fraud punishment.
Whoever commits this crime in length 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.
According to Article 1 of the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Fraud (implemented on April 8, 20 1/), if the amount of fraudulent public or private property is more than 3,000 yuan110,000 yuan, more than 30,000 yuan110,000 yuan and more than 500,000 yuan, It shall be deemed as "relatively large amount" and "a" The higher people's courts and people's procuratorates of all provinces, autonomous regions and municipalities directly under the Central Government may jointly study and determine the specific amount standards implemented in their respective regions within the scope of the amount specified in the preceding paragraph, and report them to the Supreme People's Court and the Supreme People's Procuratorate for the record.
Whoever commits telecommunication network fraud for many times within two years without treatment and the accumulated amount of fraud constitutes a crime shall be convicted and punished according to law.
Whoever commits the crime of telecommunication network fraud and reaches the corresponding amount standard shall be given a heavier punishment as appropriate under any of the following circumstances:
1, causing serious consequences such as suicide, death or mental disorder of the victim or his close relatives;
2. Pretending to be the staff of state organs such as judicial organs to commit fraud;
3. Organizing and directing criminal gangs that commit telecommunication network fraud;
4. Implementing telecommunication network fraud overseas;
5. Having received criminal punishment or administrative punishment for telecommunication network fraud within two years;
6. defrauding the property of the disabled, the elderly, minors, students at school, people who have lost their ability to work, or defrauding the property of seriously ill patients and their relatives;
7, defrauding disaster relief, emergency rescue, flood control, special care, poverty alleviation, immigration, relief, medical care and other funds and materials;
8. Fraud in the name of social welfare and charity such as disaster relief and fundraising;
9, the use of telephone call system and other technical means to seriously interfere with the work of public security organs and other departments;
10, using "phishing website" link, "Trojan horse" program link, network penetration and other hidden technical means to implement fraud.
If the crime of telecommunication network fraud is committed, and the amount of fraud is close to the standards of "huge amount" and "extremely huge amount", and one of the circumstances specified in item (2) above occurs, it shall be deemed as "other serious circumstances" and "other particularly serious circumstances" as specified in Article 266 of the Criminal Law respectively.