Research On Some Problems Of Telecom Fraud Crime

In today's world,information technology develops rapidly.It not only brings convenience to people's work and life,but also provides a more efficient way to crime.And the combination of the Internet and telecommunications fraud makes it more difficult to hunt for criminals and solve the case.Especially,when dealing with a group of criminals who take part in the telecommunications fraud,judicial departments will encounter difficulties.In the case of Guizhou12.29 extra-large fraud,Ms.Yang is the victim who made a loss of more than one hundred million Yuan,including her own money and her company's money.There are dozens of criminal gang members in more than twenty provinces.Several major criminal members are from Taiwan.It is very hard to know clearly how to identify a principal criminal and an accessory criminal in the joint crime of telecom fraud crime,how to decide the amount of fraud in the joint crime of telecommunications fraud,and how to determine the number of crimes in telecommunications fraud.Not only is the judiciary branch not easy to determine it,but also scholars are in dispute.The paper is based on the relevant literature and the theory of criminal law.The paper mainly analyses these problems in the case of Guizhou 12.29 extra-large fraud.Except for the Introduction,this paper is divided into four chapters to analyse the case.The first chapter is to introduce the case of Guizhou 12.29 extra-large fraud.And in this chapter the writer points out controversial issues.The second chapter discusses how to identify the principal and the accessory criminal in the joint crime of telecom fraud crime.In addition,the paper analyses responsibilities of the provider of the software which could change the phone number,the fraud script writer and communication operators.In this chapter,the first part briefly describes the theory of part co-crime and the theory of behavior in common.They have different opinions about the nature of joint crime.Then it explains the concept and the classification of the principal,and it discusses the ringleader in the telecom fraud group.After that this chapter expounds the concept and classification of the accessory.And it has further analysis of the perpetrator and the accessory.At last this chapter analyzes the principal and the accessory in this case.The third chapter mainly analyzes how to decide the amount of fraud in the joint crime of telecommunications fraud and thesame problem in the case.The fourth chapter is based on the theory of implicated offense,imaginative joiner of offense and concurrent crime in legal provisions.It analyzes the number of crimes in telecommunications fraud and criminal acts in this case.In addition,it mainly analyzes the relationship between the crime of fraud and the crime of infringing upon citizens' personal information,the relationship between the crime of fraud and the crime of impairing credit card management and the relationship between the crime of fraud and the crime of cheating and bluffing.And then the chapter analyzes the behavior of illegally obtaining personal information,the behavior of holding more than nine thousand bank cards and the act of pretending to be a police officer or the chief procurator to cheat in this case.