1, the criminal means of fraud are:
(1) impersonating public security fraud. Criminals pretend to be public security law staff to call the victims, asking them to transfer their funds to national accounts to cooperate with the investigation on the grounds that the victim's identity information was stolen and suspected of money laundering;
(2) Medical insurance and social security fraud. Criminals pretend to be employees of social security and medical insurance centers, falsely claiming that the victim's medical insurance and social security are abnormal, and may be fraudulently used and overdrawn by others, suspected of money laundering, drug trafficking and other crimes, and then pretend to be employees of judicial organs to trick the victim into making money into the so-called security account for fraud on the grounds of fair investigation and easy verification;
(3) Eliminate installment fraud. The criminals buy the buyer information of the shopping website through special channels, and then pretend to be the staff of the shopping website, claiming that due to the error of the banking system, the buyer's one-time payment has become installment payment, and the same fee has to be paid every month, and then pretend to be the bank staff to trick the victim into going to the bank to cancel the installment payment, but in fact, the fund transfer has been implemented;
(4) Crime of parcel possession fraud. Criminals claimed to be suspected of money laundering on the grounds that drugs were found in the victim's package, and asked the victim to transfer the money to the national security account for a fair investigation, thus implementing fraud;
(5) Financial transaction fraud. In the name of a securities company, criminals spread false stock insider information and trends through the Internet, telephone calls, text messages and other means. And after gaining the trust of the victim, guide him to buy futures and spot on his own false trading platform, thus defrauding shareholders' funds;
(6) air ticket fraud. Criminals pretend to be airline customer service personnel, and gradually lead victims into fraud traps on the grounds of "cancellation of flights and provision of return and change services", demanding multiple remittance operations and implementing serial fraud.
(7) fictional car accident fraud. Criminals fictional relatives or friends of the victim have a car accident, and they need to deal with the traffic accident urgently and ask the other party to transfer money immediately. In case of emergency, the parties will pay the money into the designated account according to the instructions of the suspect.
2. Legal basis: Article 266 of the Criminal Law of People's Republic of China (PRC).
If the crime of fraud defrauds public or private property, and the amount is relatively large, it 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; 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; 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. Where there are other provisions in this Law, such provisions shall prevail.
Second, what are the constitutive elements of the crime of fraud?
1, object elements, the object of infringement is the ownership of public and private property;
2. Objective elements, objectively manifested as the use of fraud to defraud a large number of public and private property;
3. Subject elements: the subject is a general subject, and any natural person who has reached the legal age of criminal responsibility and has the ability of criminal responsibility can constitute the crime of fraud;
4. Subjective elements, subjectively direct and intentional, have the purpose of illegal possession of public and private property. Under different criminal circumstances, the punishment for criminals of fraud is different, that is to say, the specific imprisonment time of criminals is different.