doctor of law's micro-class on legal education｜issue 64: don't be a "tool" for online fraud, fight against fraud with the law
2024-09-20
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cover news reporter yu ting
video production: wei wei, wang siwei, liang jiaqi, luo binyue, interns cheng jiabei, liu luqian, wu kai
poster design: yao haitao
with the continuous development of online social networking and online shopping, telecommunications network fraud in the virtual space is also changing day by day. many people feel that it is really "impossible to guard against"! how can we remain unchanged in the face of ever-changing situations, improve anti-fraud skills, and stay away from telecommunications network fraud?
in this issue of doctor of law’s micro-classroom on legal knowledge, we have teamed up with the sichuan provincial public security department to lead everyone to learn the "anti-telecom and internet fraud law" through street anti-fraud challenges and anti-fraud tips short videos, so that everyone can be alert to new fraud methods and not become a "tool" for telecom fraud.
01
anti-fraud challenge
college student was cheated into "selling" idle bank cards for 2,000 yuan
in our daily life, anti-fraud propaganda can be seen everywhere, but how is everyone's anti-fraud awareness? in this issue of doctor of law's law popularization micro classroom, we invited officer liu, an anti-fraud police officer from the xindu district branch of the chengdu public security bureau, to join us in a street anti-fraud challenge to see if everyone can stand up to the test.
"our goal today is to find someone in a busy commercial street to buy an unused bank card. once someone agrees to sell the card, we will defraud him by pretending to be a public security, procuratorial or judicial organ." the anchor, accompanied by the police, came to the vicinity of chengdu's july 1st square. this is a busy commercial district in xindu district, and it is also an area where nearby college students often "check in".
"hello, excuse me. i see you are still a college student. do you want to earn some pocket money during the summer vacation?"
seeing the passerby's concerns, the anchor continued to explain: "it's very simple. do you have an unused bank card? we will give you 2,000 yuan to buy your bank card. you transfer all the money in it and we only need the card."
"forget it, forget it. it sounds too troublesome. i don't have any unused bank cards." many people failed to be fooled. just when the anchor thought he was going to return empty-handed, college student xiao chen stepped into the anchor's "routine" step by step.
the student transferred all the balance of his bank card on the spot, handed the bank card to the anchor and told him the password, name and other personal information. the anchor returned to the nearby police station and called the victim with another mobile phone under the witness of the police. he said that the student's bank card was involved in an illegal overseas transaction, and if he wanted to ensure the safety of the funds, he needed to transfer all the account balances to the so-called "safe account".
soon, the student transferred all the tuition and living expenses of more than 10,000 yuan in his bank card to the so-called "safe account". accompanied by the police, the anchor contacted the student, returned the full amount of the transfer, and carried out anti-fraud propaganda for him.
02
statement
there are many scams, so don't trust them and don't transfer money.
in real life, what kind of legal responsibilities will people like xiao chen face for buying and selling "two cards"?
in order to save money, xiao chen sold his bank card to others for unknown purposes and became a "tool" for criminals.
the "two cards" we usually refer to are mobile phone cards and bank cards. illegal rental and sale of "two cards" will result in a large number of mobile phone cards and bank cards with "real names but fake people", which will cause serious consequences once they are used by criminals to commit crimes.
taking into account the card purchaser's card usage, the consequences of the crime, and the subjective understanding of the card seller, the illegal rental and sale of "two cards" is likely to involve crimes such as assisting information network criminal activities and concealing criminal proceeds, and seriously violates the legal provisions of the "criminal law of the people's republic of china" and the "anti-telecom network fraud law of the people's republic of china".
during the mid-autumn festival and national day, the number of tourists increased, and scams such as "refund and change" of air tickets occurred frequently. in addition, scams such as part-time order-placing by college students continued to "emerge". in the process of public security investigation, what other common types of scams are there?
fraud refers to the act of defrauding public or private property by fabricating facts or concealing the truth for the purpose of illegal possession. if the amount exceeds 3,000 yuan, the offender may be prosecuted and constitute the crime of fraud. since fraud does not involve the threat of violence, it may be carried out in a calm or even "happy" atmosphere, and people with poor awareness of prevention are often victims without knowing it.
there are also many "routines" in real-life frauds, and the police have also summarized the top ten types of high-incidence cases:
fraudulent rebate scams;
fake online investment and financial fraud;
fake online loan scams;
frauds impersonating e-commerce logistics customer service;
fraud by impersonating public security, procuratorial and judicial organs;
false credit fraud;
fake shopping and service fraud;
impersonating a leader or acquaintance to commit fraud;
online gaming product fake transaction fraud;
marriage and dating scams.
what are some good ways to prevent and control these common scams?
telecom fraud is a preventable crime. no matter how sophisticated the fraud technology is, it still exploits human weaknesses.
"seven anti-fraud tools" can help you prevent fraud effectively. the first is the national anti-fraud center app. after real-name authentication, you can effectively prevent fraud by turning on the early warning function. the second is the 96110 early warning and dissuasion hotline. if you see a call from this number, be sure to answer it. there is also the 12381 fraud-related early warning and dissuasion text message. if you receive a message from this number, it means that you are likely to be experiencing telecommunications network fraud, so be sure to be vigilant. there is also an anti-fraud caller business card, which will pop up a prompt message when receiving an early warning and dissuasion call, so that everyone can effectively identify the authenticity of the number.
in order to allow everyone to more conveniently and quickly know the number of phone cards, bank card accounts and internet accounts in their name, and prevent personal information from being used by criminals, anti-fraud tools have been launched - the national mobile phone card "one-card check", the national internet account one-card check 2.0, and the cloud quickpass app "one-click card check".
recently, many people have reported online that the procedures for withdrawing and transferring money from banks are cumbersome. does this have anything to do with anti-fraud work?
in doing so, the bank is fulfilling its specific responsibilities and obligations in its work to combat telecom fraud.
on september 2, 2022, the 36th meeting of the standing committee of the 13th national people's congress voted to pass the "anti-telecom network fraud law", which is the first law in my country to specifically, systematically and comprehensively regulate anti-telecom network fraud work.
among them, chapter 3 specifically stipulates the governance of telecommunications fraud in the financial field. articles 16, 17 and 30 clearly stipulate the specific responsibilities and obligations of banking financial institutions in combating telecommunications network fraud, including establishing an internal control mechanism and security responsibility system for combating telecommunications network fraud, and strengthening the security assessment of fraud risks involving new businesses.
organizers: office of the sichuan provincial committee of the communist party of china on comprehensively governing the province according to law, sichuan provincial department of justice
organizer: cover news
this episode is co-produced by: sichuan provincial public security department
special thanks to this short film: chengdu public security bureau xindu district branch qionglai city justice bureau "village officials qionglai law popularization team"
