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According to the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Fraud Cases (December 16, 1996), where an individual defrauds public or private property of more than 2,000 yuan, it is a "relatively large amount"; Where an individual defrauds public or private property of more than 30,000 yuan, it is a "huge amount". Where an individual defrauds public or private property of more than 200,000 yuan, the amount of fraud is particularly huge.
Reports should be made to the public security organ at the place where the crime was committed or to the nearest local public security organ first, and economic fraud cases should be filed by the public security organ at the place where the crime was committed, and generally accepted by the economic investigation department of the public security organ. When the victim reports the case or during the review of the case, he or she should provide relevant evidence or evidence clues, and actively assist the public security organs in solving the case after the case is filed! Public security organs shall accept reports or accusations, and where they are not within their jurisdiction, they shall transfer them to the competent organs for handling, and notify the informant, accuser, or informant; Where emergency measures must be taken that are not within their jurisdiction, they shall first take emergency measures and then transfer them to the competent organs.
Reports, accusations, or reports may be made in writing or orally. Staff members who receive oral reports, accusations, or reports shall write a record, and after it is read out correctly, the person making the report, accuser, or informant is to sign or affix a seal. You can report the case to the local public security in the first way, or you can report the case through the client, and the important thing is that the evidence submission is as timely as possible. Effective.
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In the event of online shopping fraud, consumers should report the case to the public security department in a timely manner. Online shopping fraud is a criminal offense, you should report to the public security department in time, and ask the public security department to seize the mobile phone and bank account number of **and**.
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Call the police and be careful in the future!
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Report the case, there are Internet police who can find him.
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Legal analysis: If the victim is deceived on the Internet, the victim can directly report the case to the local public security organ, and try to provide evidence that can prove the establishment of the fraud, such as the online chat records of both parties, the evidence of the victim's remittance and clues about the other party, so that the public security organ can investigate and deal with it in a timely manner. When reporting a crime, other victims may be contacted to report the case at the police station or the relevant information may be fed back to the police station, striving to meet the standards for filing a criminal case.
In reality, the police dispatch of public security police stations has a heavy task, and only registers and reports that do not meet the standards for filing a case and do not constitute the crime of fraud. The criteria for filing a case for the crime of online fraud are:
1. Where the value of public or private property is 3,000 to 10,000 yuan or more, the amount is relatively large;
2. Where the value of public or private property is 30,000 yuan to 100,000 yuan or more, the amount is huge;
3. Where the value of public or private property is more than 500,000 yuan, the amount is particularly huge.
Legal basis: Article 266 of the Criminal Law of the People's Republic of China: Where public or private property is defrauded, and the amount is relatively large, a sentence of up to three years imprisonment, short-term detention or controlled release is to be given, and/or a fine; where the amount is huge or there are other serious circumstances, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given; where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment or indefinite imprisonment is to be given, and a concurrent fine or confiscation of property. Where this Law provides otherwise, follow those provisions.
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If you have been deceived by selling something, you should keep the evidence and report it immediately. Article 266 of the Criminal Law stipulates that whoever defrauds public or private property and the amount is relatively large shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release, and/or a fine; where the amount is huge or there are other serious circumstances in liquid culture, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given; Where the amount of money buried by a special regiment is huge or there are other particularly serious circumstances, the sentence is to be fixed-term imprisonment of not less than 10 years or life imprisonment, and a fine or confiscation of property shall be imposed. Where this Law provides otherwise, follow those provisions.
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1. If you are deceived by buying something in the circle of friends, you can keep the chat record with the seller as one of the evidence for rights protection.
2. When shopping online, you can ask the merchant to show the entity**, and try to use the third calendar Naifang platform to pay.
3. Keep shopping invoices, documents, warranty cards, etc.; If it is returned, try to ensure that it does not affect the secondary sales of the goods.
4. When the purchased goods are inconsistent with the received goods, you can choose to refuse to sign.
5. Once the online shopping is defrauded, it can be submitted to the relevant departments for arbitration.
6. Keep in mind the rights protection, if there is a problem, you can ask the local consumer committee for help, and if necessary, you can ask for help.
7. After the negotiation and mediation fails, a lawsuit may be filed with the people's court.
1. What are the regulations for returning goods in physical stores?
The rules for returning goods in physical stores are as follows:
1. It is a regular-priced product, ** the goods cannot be returned or exchanged, and the store manager or the person in charge of the store must be instructed in special circumstances before it can be implemented;
2. The goods to be returned or exchanged have the original sales receipts retained;
3. If the returned goods belong to the quality problems of the first business, if they are damaged by the customer, they cannot be returned;
4. If the clothing product cannot be tried on, or the customer can't try it out, in the case of uncertain yardage, you can promise to change the yardage of the same product, but you can only change it once;
5. The outer packaging of the returned goods is intact, and the goods are not dirty and do not affect the second sale;
6. If there is a problem, it needs to be returned within one week after the payment is made, and it will not be returned after the time. In special circumstances, the store manager or the person in charge of the store must be asked to call the spring to be executed.
2. What is the process of consumer rights protection of the Industrial and Commercial Bureau?
1. Negotiate and settle with the operator, when consumers encounter problems, they should first negotiate with the merchant to solve the problem, and when the negotiation with the counter dealer is not reached, the consumer can also seek to solve the problem through the management of the shopping mall where he is located.
2. Request the consumer association for mediation; When the consumer and the merchant cannot resolve the issue through consensus, they should seek mediation from the local consumer association. However, consumer associations can only act as mediators and do not have actual administrative and enforcement powers.
3. Appeal to the relevant administrative departments;
4. Submit to an arbitration institution for arbitration in accordance with the arbitration agreement reached with the operator;
Through the intervention of the administrative agency, if the consumer still achieves a satisfactory result, he or she can apply to the local arbitration institution in Xi'an for arbitration.
5. File a lawsuit with the people's court.
When the problem is still solved through the above series of methods, the consumer needs to file a lawsuit with the people's court and request the people's court to make a judgment, which is also the ultimate way to deal with the problem.
Civil Code of the People's Republic of China
Article 582:Where performance does not conform to the agreement, liability for breach of contract shall be borne in accordance with the agreement of the parties. Where there is no agreement on liability for breach of contract or the agreement is not clear, and it cannot be determined in accordance with the provisions of Article 510 of this Law, the injured party may, based on the nature of the subject matter and the size of the loss, reasonably choose to request the other party to bear liability for breach of contract such as repair, rework, replacement, return, reduction of price or remuneration.
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Legal analysis: If you are deceived by selling things online, you can call the police. Where the amount of fraud is 3,000 RMB or more, or 5,000 or more pieces of fraudulent information are sent, the public security organs shall file a case for investigation and pursue the legal responsibility of the perpetrator.
If the case is filed and the case is solved, the money is not spent, and it can be recovered according to the law. According to the relevant provisions, the people's procuratorates and public security organs may, as needed for the investigation of crimes, inquire into and freeze the criminal suspect's deposits, remittances, bonds, shares, and other assets in accordance with the provisions.
Legal basis: Article 144 of the Criminal Procedure Law of the People's Republic of China: As needed for the investigation of crimes, the people's procuratorates and public security organs may, in accordance with provisions, inquire into and freeze the criminal suspect's deposits, remittances, bonds, shares, and other assets.
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