Taobao is obliged to publish fraudulent merchant information.
Committing fraud through connections
Such scammers often commit fraud by impersonating others or pretending to be fellow villagers or friends. The victims often have no choice but to "get caught" due to face or "brotherly loyalty". What's more, they regard it as an honor to be visited by someone, and "would rather believe that they have it than believe that they have nothing", and then "generously" Unpack".
Intermediaries
Carry out fraud in the name of intermediaries
Currently, this type of fraud cases are on the rise. This type of scammers take advantage of classmates' eagerness to find good part-time tutors and tutors, and use the names of job recruitment sites, part-time tutor agencies, etc. to defraud students or use classmates as their part-time labor force to make a huge profit from them.
Special identity
Such scammers often defraud in the name of "capable people", such as falsely claiming to be directors, public security officers, qigong masters, doctors, etc. Difficult things mean "completely capable" of solving them. This type of fraud is relatively simple and easy to see through.
Help
They defraud people who are in urgent need of help from others when encountering some kind of disaster. In recent years, this type of scammers mostly target students who are lost or have lost their property, people in disaster areas, and people in distress. Committing fraud in other names. In fact, most of these fraud methods are relatively primitive, and everyone can spot them with a little thought.
Small profits
Use small profits to gain trust and commit fraud
Such scammers are extremely cunning and use the method of "play hard to get" to first get the promised money. The benefits are cashed in to make you feel that what this person is doing is credible. After gaining your trust, they will give you a hard blow, causing you to suffer heavy losses without knowing it. This type of fraud Well-planned, difficult to discover, and more harmful.
Edit 5 reasons for being deceived
Although there are many forms of fraud, you can avoid making mistakes by grasping some of the different characteristics and taking precautions. Those who have gone astray and fallen into a trap. What's more, the methods of many scammers are not necessarily very clever, and the main reason for being deceived is the victims themselves. Generally speaking, the victim has some bad or naive psychological awareness, which is the key to why fraudsters can easily succeed. Usually, the following types of bad psychological consciousness are easily exploited by fraudsters:
(1) Vanity mentality;
(2) Sympathy and pity without analysis;
(3) The mentality of taking advantage of small things;
(4) Recklessness, credulity, paralysis, and lack of sense of responsibility;
(5) Indolence, indolence, and whims;
(6) The consciousness of greed for beauty;
(7) The psychological quality of being susceptible to suggestions and temptations, etc.
Take students as an example
1. Simple thinking and poor discernment
Many students have experienced the "ten-year cold window" from elementary school, middle school to university. , have less contact with society and have simple thoughts; they lack the ability to distinguish certain people or things, and they lack the habit of inquiring deeply. The analysis of things often stays on the surface, or they do not analyze it at all, which makes it easy for fraudsters to take advantage of it. opportunity.
2. Compassion plays a role
Helping people in need is a fine tradition of our country and is worth inheriting and carrying forward. But it is very dangerous to "help" someone you don't know or have known for a short time without thinking. Unfortunately, many of our college students have this kind of naive and unanalyzed sympathy and pity. When they meet those "distressed people" who claim to be desperate and in urgent need of help, they are often fooled by their rhetoric. Then he "donated generously", thinking that he had done a good deed, but little did he know that he had fallen into a trap set by a scammer.
3. Asking for help from others, being careless
It is inevitable for everyone to ask for help from others, but the key is to understand the character and identity of the other person. When some students ask for help and someone is willing to "help", they are often impatient and completely relax their vigilance; they often obey the other party's requests and "actively and consciously" meet the other party's requirements and then Big mistake.
4. Greedy for small gains and quick success
Greed is the biggest psychological shortcoming of the victim. The reason why many scammers succeed in deceiving people repeatedly is largely because they take advantage of people's bad mentality. Victims are often deeply attracted by the "benefits" and "benefits" offered by fraudsters. They think that they can obtain the maximum benefits and benefits at the minimum cost. When they see "profits", they flock to them. What we do without reflection and analysis, without in-depth investigation and research, we end up with the sad end of "picking up sesame seeds and losing watermelons".
6 Anti-fraud strategy editor
Awareness
As the saying goes: "You must not have the intention to harm others, but you must have the intention to guard against others." Of course, "prevention" "People" is not meant to make people panic. The key is to have this awareness. You should not trust anyone, especially strangers, and blindly follow them. You should have a clear understanding of people and situations, and don't rely on what the other person said. Good words, but gullible and blind obedience to any benefits promised. You must know how to investigate and think, and make correct responses based on this.
Don’t be emotional
The ultimate goal of fraudsters is to defraud money, and to defraud it in the shortest possible time. Therefore, for scammers who talk about "feelings" and "brotherly loyalty" on the surface (especially new "friends", "fellows", and unfortunate "disasters"), if they make financial demands on you, be sure to do so. Don't be blinded by the appearance of emotions, don't blindly "follow your feelings" and lack reason. You must learn to "listen, observe, and discern", that is, listen to their words, observe their colors, and identify their actions. You must know how to use reason to analyze problems. It is best to compare the responses that should be made under common sense. If you think that the other party's financial request is unrealistic or beyond common sense, you should report it to the teacher or security department in time to avoid undue losses.
Pay attention to "capable people"
Be especially careful with people who are too proactive in boasting about their "ability" or "ability", or who are too enthusiastic about "helping" you solve your difficulties. Notice. In order to gain your trust more quickly and achieve their ulterior motives, most of the fraudsters who claim to be celebrities or capable people will take the initiative to show off their "skills" in front of you, saying how great they are and what they have achieved. What achievements, and he is using his "ability" and "ability" to solve your difficulties or meet your requests. When you meet this kind of person, you should pay special attention, because the "capable person" in front of you is probably a complete fraudster, and he is trying to deceive your trust. At this time, your reaction will be greatly affected. It determines whether you will be deceived in the future.
Avoid being greedy for cheap
Be careful and investigate the "windfall" and "benefits" that come to you, especially the benefits promised by people you are not very familiar with. You must know that pie will not fall from the sky. If you overcome the mentality of being greedy for petty gains, you will not be ecstatic about the sudden "benefits". The best defense against these "windfalls" and "benefits" is to think twice before leaping.
In short, the process of fraud by fraudsters can be divided into two stages: one is to gain trust; the other is to defraud the other party of property. For both the fraudster and the victim, the first stage is the most important, and it is also the stage where the fraudster's behavior is most prominent. Although there are various methods of fraud, as long as we establish a strong anti-fraud awareness, overcome some bad psychology in our hearts, stay clear-headed and "think twice before acting, check three times before acting", in most cases It is possible to avoid being deceived.
7 Editors of Online Shopping Deception
1. The "Five Steps" of Buyers Being Deceived
The first step: Publish exquisite product pictures and price information online. Give consumers an intuitive eye stimulation, creating the illusion of "high quality and low price";
The second step: when the consumer is interested, instruct them to remit purchase money and handling fees to the designated account;
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Step 3: After receiving the remittance, send a small amount of products with better quality than what consumers ordered, so that consumers feel they are worth their money, and at the same time say that the remaining goods are waiting to be sent;
Step 4: Claiming that the leader of the company takes the initiative to call the deceived person to introduce the company's situation and say that the supply of goods exceeds demand, making the deceived person even more convinced that this is a large and powerful company.
In the fifth step, after receiving the product, the deceived person feels that the quality is much better than expected, and will remit money again. This time it is like "beating a dog with a meat bun - once you go, you will never come back." , no one answered the call again.
The police remind the general public: always be vigilant when shopping online, recognize the industrial and commercial registration logo, and do not conduct commodity transactions in unqualified online shopping malls. The police also called on victimized netizens to report to the police immediately if they encounter fraudulent behavior on the website, so that the police can formulate timely countermeasures to crack down on bad business activities and regulate the order of the online market.
2. Sellers are deceived (mainly netizens who have just started to open online stores)
Step one: Search for newly opened virtual goods stores (you should pay attention if you want to open virtual goods stores) )
Step 2: There will be many people who take pictures of the items and then call to urge you to ship them. (These people are all scammers. In fact, they just took pictures without paying. Please read carefully before buying. Do you pay before shipping? I don’t know why there are so many scammers like this)
Step 3: If you don’t ship the goods, they will complain, and someone pretends to be customer service to call or chat with you (please don’t Believe these scammers) If you ship the goods, you can imagine the consequences.
I tried to open a QQ coin recharge store on Taobao, and saw more than 10 scammers in one hour. Most of them are mobile phone numbers in Guangzhou and Shenzhen. I am here to appeal to someone to take charge of these people, because there are too many such people.
3. Tips for preventing fraud
Tips for preventing fraud
With a clear mind, pie in the sky is impossible
Tips for preventing fraud 2
Use third-party institutions such as banks and commodity inspection companies
1. For a business that requires a face-to-face meeting to see the product, you must use phone calls, faxes and the Internet (especially Alibaba’s (Chengxintong, etc.) You must first have a good understanding of the other party's credit, and be sure that the other party has the strength, credibility, and willingness to buy and sell before you can further conduct substantive cooperation such as interviews and negotiations. I believe that this method can avoid as many false transactions as possible.
2. For products that can be clearly expressed in words and have recognized standards, such as chemicals, textiles, hardware, pharmaceuticals, etc., why can’t we implement an access trading system? First, exclude those objects that have no real transactions, so that Only those who really want to trade can enter the trading place, and then learn how to trade stocks. Whether you are buying or selling, you must first take out the funds that can be traded, and then negotiate a contract. To use an inappropriate analogy, when two parties gamble, regardless of whether you or I know each other, it is all cash-for-money, otherwise there will be trouble: everyone usually hands over the money to an impartial party recognized by both parties, and then proceeds according to the rules of the game. Does business also need to be conducted according to certain rules to ensure the interests of each party? If you and I want to do business, yes! Make preliminary contact through the on-site trading market or online virtual trading market. OK, but there is a willingness to trade. Well, the seller will deposit the product quality deposit into the bank provided by the trading market: the buyer will deposit the contract deposit into the bank provided by the trading market. And each authorizes the bank to freeze funds. After reaching this point, I believe that both parties have the strength to negotiate. At this time, sending samples and visiting people are all things that can be done casually. It is best to directly submit a sell order contract or a buy order in the trading market. Contracts and contract disputes are adjudicated by arbitration institutions or courts, quality is guaranteed by the Quality Inspection Bureau, and the money is still frozen in the bank. No one is afraid that someone will run away. You know, sometimes a business may be irreversible!
Secret Tips for Preventing Fraud Three
Use Alibaba to check misdeeds online
Alibaba’s upcoming Chengxintong product is exactly an enhanced version of online query. First of all, it A third-party agency is invited to certify the member's company to see if it exists. In addition, there is also the company's credit record, which includes the credit evaluation of the company's activities on Alibaba. When you see a company's credit is so bad , I believe it goes without saying that you also know how to do it. right! Delete his inquiry directly.
Secrets to Prevent Fraud 4
Don’t let the hawk out of sight
8 Academic Fraud Editor
Academic fraud, also known as academic fraud, academic fraud Cheating, etc., can broadly refer to any form of academic-related fraud.
Yan Xijun, a representative of the National People’s Congress, believes that the punishment of academic misconduct should be strengthened. In particular, for those who defraud support funds through false topics or projects, or even harm the interests of others or society with false results, it is recommended to establish an independent "academic fraud crime" and impose severe penalties. Academic fraud involving high technology, high positions, and high intelligence must be severely punished. [1]
9 Crimes Edit
Concept
The crime of fraud (Article 266 of the Criminal Law) refers to fabricating facts or concealing the truth for the purpose of illegal possession. method to defraud large amounts of public and private property.
Constitution of the crime
(1) Object elements
The object of this crime is the ownership of public and private property. Although some criminal activities also use certain deceptive methods and even pursue certain illegal economic interests, the objects they infringe are not or are not limited to public and private property ownership. Therefore, it does not constitute a crime of fraud. For example: abducting and trafficking women and children is a crime of infringement of personal rights.
The crime of fraud only targets national, collective or individual property, rather than defrauding other illegal benefits. Its objects should also exclude loans from financial institutions. Because this law has specifically stipulated the crime of loan fraud in Article 193.
(2) Objective elements
This crime objectively manifests itself as using fraudulent methods to defraud large amounts of public and private property. First of all, the perpetrator committed a fraudulent act. Formally speaking, the fraudulent act includes two categories: one is fabricating facts and the other is concealing the truth; in essence, it is an act that causes the victim to fall into a wrong understanding. The content of a fraudulent act is to cause the victim to have a wrong understanding under specific circumstances and make the property disposition desired by the perpetrator. Therefore, whether it is fabrication or concealment of past facts, as long as it has the above content, it is a fraudulent act. If the fraudulent content does not enable them to make property dispositions, it is not a fraud crime. Fraudulent behavior must reach the level that ordinary people can have misunderstandings. If the goods sold are exaggerated and do not exceed the tolerance of society, it is not fraudulent behavior. There are no restrictions on the means and methods of fraudulent behavior. It can be verbal fraud or behavioral fraud; the fraudulent behavior itself can be either an act or an omission, that is, there is an obligation to inform a certain fact, but this obligation is not fulfilled. If the other party falls into a wrong understanding or continues to fall into a wrong understanding, and the perpetrator takes advantage of this understanding to mistakenly obtain property, it is also an act of fraud. According to Article 300 of this Law, anyone who organizes and uses sects, cult organizations, or uses superstition to defraud property will be punished with the crime of fraud.
Fraudulent behavior causes the other party to have a misunderstanding, and the other party’s misunderstanding is caused by the perpetrator’s fraudulent behavior; even if the other party makes certain errors in judgment, it does not prevent the establishment of the fraudulent act. Between the fraud and the other party's disposal of property, the other party's misunderstanding must be involved; if the other party does not dispose of property due to the misunderstanding caused by the fraud, the crime of fraud will not be established. The other party to the fraud only needs to be a person with the authority or status to dispose of the property, and does not necessarily need to be the owner or possessor of the property. The act of an actor using civil litigation as a means to provide false statements and present false evidence to get the court to make a judgment in his favor and thereby obtain property is called litigation fraud and constitutes the crime of fraud.
The establishment of the crime of fraud requires the victim to make property dispositions after falling into a wrong understanding. Property dispositions include disposition behavior and disposition consciousness. This requirement is made to distinguish the crime of fraud from the crime of theft. The disposal of property is expressed by directly delivering the property, or promising the perpetrator to obtain the property, or promising to transfer property interests. If the perpetrator commits a fraudulent act and causes others to give up their property, and the perpetrator picks up the property, he shall also be punished for the crime of fraud. However, the act of inserting a metal piece similar to a coin into a vending machine to obtain the goods in the vending machine does not constitute the crime of fraud, but can only constitute the crime of theft.
After a fraudulent act causes the victim to dispose of the property, the perpetrator obtains the property, thereby causing damage to the victim's property. According to the provisions of this article, only when the amount of defrauding public or private property is relatively large does it constitute a crime. According to relevant judicial interpretations, the amount of the crime of fraud is relatively large, with 2,000 yuan as the starting point. But this does not mean that attempted fraud does not constitute a crime. If the fraud is attempted and the circumstances are serious, he should also be convicted and punished in accordance with the law. What needs to be studied is whether the crime of fraud is established when the perpetrator uses fraudulent methods to defraud property, but at the same time pays for items of considerable value? Some people believe that the damage caused by the crime of fraud refers to the reduction of the victim's overall property, so the above behavior does not constitute the crime of fraud. Some people believe that the crime of fraud is a violation of trust and honesty and does not require property damage. We believe that the crime of fraud is a crime against individual properties, rather than a crime against the property as a whole. The victim was defrauded and spent 30,000 yuan to buy an item worth 30,000 yuan. Although the overall property was not damaged, from the perspective of individual properties, if there was no fraud by the perpetrator, the victim would not have spent 30,000 yuan to buy the item. The last 30,000 yuan is the loss of individual property. Therefore, anyone who uses deceptive means to induce others into misunderstanding and defraud property, even if they pay for items of considerable value, should be considered a crime of fraud.
The crime of fraud is not limited to defrauding tangible objects, but also includes defrauding intangible objects and property interests. According to the relevant provisions of Article 210 of this Law, whoever uses deceptive means to defraud special value-added tax invoices or other invoices that can be used to defraud outbound tax refunds or tax deductions shall be guilty of fraud.
(3) Subject Requirements
The subject of this crime is a general subject. Any natural person who has reached the legal age of criminal responsibility and has the ability to commit criminal responsibility can commit this crime.
(4) Subjective elements
The subjective aspect of this crime is direct intention and the purpose of illegally possessing public and private property.
Determination
(1) The boundary between the crime and non-crime
1. The boundaries between fraud and lending practices. If the borrower defaults on repayment for a long time for some reason, or fabricates lies or conceals the truth to defraud money, and cannot repay when due, as long as there is no purpose of illegal possession, no squandering, no default on the debt, and no more fraud and deception. , if you really intend to repay, it is still a loan dispute and does not constitute a crime of fraud.
2． The boundary between the crime of fraud and the act of defaulting on payment for goods purchased on behalf of others. In the name of purchasing goods in short supply on behalf of others, taking the payment without buying anything, misappropriating the payment without authorization, and defaulting on repayment, the real purpose, the relationship between the two parties, the cause of the matter, and the specific identity of the agent should be focused on Behavior, default circumstances, consequences, etc., so as to correctly determine whether there is an intention to illegally possess. If it is clear that you want to buy something on behalf of someone else, but you cannot buy something for some reason and still want to return it to someone else, you cannot be punished with fraud. If, in the name of purchasing as a purchasing agent, you actually commit fraud, defrauding a large amount of property and squandering it without any intention or ability to return it, you should be punished for the crime of fraud.
3． The boundaries between the crime of fraud and the use of funds to set up enterprises to avoid debts due to losses. If it is indeed a business that raises funds to run a business, but due to poor management, losses and debts, and you go out to avoid debts, it is still a property and debt dispute. This is fundamentally different from a fraudster who, in the name of raising funds to run a business, gets the money and runs away to achieve his purpose of illegal possession.
(2) The boundary between this crime and the crime of pretense and fraud
Both use deception, and the latter may also obtain property benefits. These two points are the same; however, the subjective purpose and criminal means , property amount requirements and the object of infringement are all different. The crime of pretentiousness and deception is to pretend to be a state employee and carry out pretentious and deceptive activities for the purpose of defrauding various illegal benefits. It is an act that damages the prestige of state agencies, public interests or the legitimate rights and interests of citizens. It defrauds not only property (but no property). amount), including work, position, status, honor, etc., which is a crime of disrupting social management order.
When a criminal pretends to be a state employee to defraud public or private property, he infringes upon property rights and damages the prestige and normal activities of the state agency. He is an implicated offender. The crime should be determined based on the main object of the violation and the main harmfulness. Severe punishment. If the amount of property obtained by defrauding is not large, but the prestige of the state agency is seriously damaged, it should be punished as a crime of fraud; otherwise, it will be classified as a crime of fraud. If the two objects are seriously violated, it will generally be treated as a crime of fraud according to the principle of one felony. Punishment; if two crimes are committed independently and are not implicated in each other, they should be dealt with according to the principle of concurrent punishment for several crimes.
(3) The boundaries between this crime and other fraud crimes stipulated in this law
This law separately stipulates the crime of fund-raising fraud, loan fraud, and financial instrument fraud in the remaining chapters. , letter of credit fraud, credit card fraud, securities fraud, insurance fraud, contract fraud, etc. These fraud crimes are the same in subjective aspects and objective manifestations as this crime, but they are different in the subject, criminal means, subject elements and objects, and are easier to distinguish. This article therefore stipulates, "If this law provides otherwise, the provisions shall prevail."
Penalty
1. Anyone who 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 solely 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 particularly huge or there are other particularly serious circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and shall also be fined or have property confiscated.
According to the provisions of the "Interpretations of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Fraud Cases" (December 16, 1996)
An individual defrauds public or private property of more than 200,000 yuan Yes, the amount of fraud is particularly huge, but it is not the only circumstance. If the amount of fraud is more than 100,000 yuan and one of the following circumstances occurs, it shall also be deemed as "particularly serious":
(1) The ringleader of the fraud group or the perpetrator of the fraud crime Serious principal offenders;
(2) Repeat offenders or those who commit crimes frequently and cause serious harm;
(3) Defrauding legal persons, other organizations or individuals of urgently needed production materials, seriously affecting production or causing other Serious losses;
(4) Fraud on disaster relief, emergency rescue, flood prevention, special care, relief, and medical care, causing serious consequences;
(5) Squandering the fraudulent property, resulting in serious consequences The fraudulent property cannot be returned;
(6) Using the fraudulent property to carry out illegal and criminal activities;
(7) Having been criminally punished for fraud;
(8) Causing death, mental disorder or other serious consequences to the victim;
(9) Having other serious circumstances.
If a fraud has already been committed, but the property is not obtained due to reasons beyond the will of the perpetrator, it is an attempted fraud. Attempted fraud, if the circumstances are serious, shall also be convicted and punished in accordance with the law.
The higher people's courts of each province, autonomous region, and municipality directly under the Central Government may, based on the economic development conditions of the region, hold the relevant persons criminally liable in the amount specified in paragraph 4 of this article , determine the specific amount standard that applies to Article 151 or 152 of the original "Criminal Law", and report it to the Supreme People's Court for record.
Judicial Interpretation
Criminal Law Provisions
Article 266 Whoever defrauds public or private property, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, or control, and shall be concurrently or solely 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 10 years, and shall also be fined; if the amount is particularly huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or more or Life imprisonment and concurrent fine or confiscation of property. If this law provides otherwise, the provisions shall prevail.
Anyone who uses deceptive means to defraud special value-added tax invoices or other invoices that can be used to defraud export tax refunds or tax deductions in paragraph 2 of Article 210 shall be punished in accordance with Article 266 of this Law. Convicted and punished in accordance with Article 1.
Article 269: Anyone who commits the crime of theft, fraud or robbery, uses violence or threatens violence on the spot in order to hide stolen goods, resist arrest or destroy criminal evidence, shall be punished in accordance with Article 269 of this Law. Article 13 provides for conviction and punishment.
Anyone who organizes and uses sects, cult organizations, or uses superstition to rape women or defraud property in paragraph 3 of Article 300 shall be subject to Article 236 and Article 266 of this Law respectively. stipulates conviction and punishment.
Article 287 Whoever uses computers to commit financial fraud, theft, embezzlement, misappropriation of public funds, theft of state secrets or other crimes shall be convicted and punished in accordance with the relevant provisions of this law.
(Related decisions)