First, the situation of secondary harmful consequences is increasingly prominent. The direct purpose of the crime of fraud is to obtain economic benefits, but in addition to causing direct economic losses, the telecommunication network fraud crime has led to an increasing number of cases of secondary harmful consequences. Some enterprises have been cheated out of huge sums of money, resulting in bankruptcy; some people have been cheated out of "pension money" "life-saving money", resulting in life in a difficult situation.
Particularly in recent years, several cases of school students were cheated and led to sudden death or suicide, the social impact is particularly bad. Such as the defendant Chen Wenhui fraud case and the defendant Chen Minghui fraud case, criminals to implement fraud caused by the victim Xu Yuyu, Cai Shuyan death or suicide of the serious consequences, visible telecommunication network fraud crime "not only seek wealth, but also harm life", the social harm is very great.
The Supreme Court sentenced Chen Wenhui and Chen Minghui, the main culprits of the two cases, to life imprisonment, fully reflecting the spirit of strict punishment for such crimes.
Secondly, the crime is organized and "industrialized". In judicial practice, the vast majority of telecommunication network fraud crimes are gangs, individual crimes are relatively small, in recent years, dozens of criminal gangs, hundreds of people have repeatedly appeared. Judicial big data also reflects that the proportion of network fraud cases involving three people and more than three people is on the rise.
Currently, the telecom network fraud criminal chain of operation in a more obvious way, the links of the division of labor is clear, the process to complete the fraud, making all kinds of fraud more confusing, people can not prevent. Some fraud gangs are well-organized, clearly divided into levels, corporate operation, criminals are more likely to win.
such as the defendant Chen Jie fraud case, the gang set up a legitimate company, under the cover of the name of the company to organize hundreds of people to implement telecom fraud, the use of people's attention to physical health of the mentality, pretending to be a "doctor" to lure the majority of the middle-aged and elderly people to buy health care products or food that do not have the effect of medicine to obtain huge gains.
The members of the gang have a clear division of labor in all aspects, and the gang has a hierarchical management, and even a detailed performance appraisal system, with a large scale of cases and great social harm. Gang crime has always been the focus of the criminal law to combat, organizing and directing criminal gangs of telecommunication network fraud is also one of the circumstances of the heavier punishment of such criminals according to the law.
Thirdly, it has spawned a large number of black and gray industrial chains. Due to the refinement of the division of labor of telecommunication network fraud, giving rise to a large number of black and gray industry chain for the implementation of fraud by criminals to provide help and support, and profit from these black and gray industry chain accelerated the spread of telecommunication network fraud, becoming one of the causes of the high level of this type of crime.
Judicial data reflect that 19.16% of network fraud cases have the characteristics of precision fraud, that is, criminals obtain citizens' personal information and then targeted fraud, greatly increasing the possibility of successful fraud.
As in the case of the defendant Du Tianyu's infringement of citizens' personal information, the case is the defendant Chen Wenhui and other fraud cases upstream related cases, it is because Du Tianyu illegally invaded the website of Shandong Province's 2016 general higher education enrollment examination information platform, illegally obtaining personal information of the year's examinees, which contains the victim Xu Yuyu applying for scholarships for impoverished students, the personal information was sold to Chen Wenhui, Chen Wenhui, and then sold to the Finance Bureau.
The Supreme Court has punished infringement of citizens' personal information, and the related crimes of withdrawing money for fraud criminals according to the law, with the aim of cutting off the criminal chain of telecommunication network fraud, eradicating its peripheral criminal industry chain, and realizing the whole chain and all-round crackdown on telecommunication network fraud crimes.
Fourth, the evolution of crime means fast, more confusing trick. According to the public security department statistics, various types of fraud can be divided into 48 categories *** counting more than 300 kinds. And the lawless elements of the fraudulent means of renovation fast, new techniques are emerging, and more hidden, more confusing.
such as the defendant Huang Guoliang fraud case and the defendant Tong Jingman fraud case, is the current more prominent "national assets thawing class" fraud crime cases, such fraud has a long history of crime, with the crackdown on the increase in the incidence of the rate has gradually decreased.
But the current and by means of the Internet, depending on the social hotspot comeback, fraudsters use the people's trust in the party and the government, forged official documents of state organs, the production of false documents to carry out fraud, and even incited the masses to receive dividends for the sake of the illegal gathering in Beijing, serious damage to the interests of the masses, a serious impact on the party's image of the government, but also a serious impact on social stability, and should be cracked down on according to law.
Fifth, the use of instant messaging tools such as WeChat, QQ and other fraud is increasingly being implemented. Judicial big data reflect the use of microblogging fraud cases in all network fraud cases in the proportion of rapid increase year by year, microblogging, QQ and other instant messaging tools have become the use of lawbreakers more frequent tools.
As in the case of the defendant Yang Xuewei fraud case, such cases occur late at night in hotels and guesthouses, criminals disguised as women suggesting that they can carry out sexual transactions and other "special services", and then to collect money for prostitutes, room fees, car rental fees and other reasons to implement fraud.
This type of case, although the amount involved is not large, but seriously corrupted the social atmosphere, and even spawned a series of gray industry, such as WeChat-related, but WeChat itself does not have or even explicitly prohibit the development of functional software, and most of these features are used in telecommunications network fraud. Therefore, according to the law to crack down on such fraud crimes, reflecting the attitude of the Supreme Court to continuously purify cyberspace and maintain a clear network environment.