How to deal with the fraud of the telecommunications salesman

Judging from what you said, that business hall is not regular.

It is some vendors who have opened 3G**, this kind of ** should have a mobile phone together, the vendor sells the mobile phone and the card separately, make two sums of money, the password of the card dealer generally will not change, that is, if your card is lost or damaged, it can not be replaced, so it is best to keep the card, you can modify it with the ID number, then you only have to go to the business hall to copy the ID number, and finally only call the salesman with the invoice to solve the problem, you can also sue him, the invoice should have the signature of the salesman.

The landlord is not very clear about the business process of the operator.

If it is a new mobile phone number, there is a paper acceptance form in the business hall of any operator, and the original and copy of the ID card are required for acceptance, and the acceptance form is signed by the person to confirm, if the salesperson does not follow this process to the user, then the landlord can directly complain to the salesperson.

If your sister makes a mistake personally, it's like if you go to the bank to deposit money, but you report the wrong card number and deposit the money on someone else's card, who can blame you?

First of all, it is necessary to distinguish whether he is acting personally or on behalf of the company, which can be judged by the contract between you and him and a series of his actions. If he is representing a company, you can go to him in person or to the company. If he acts personally, the company is not responsible in principle, but he should bear the responsibility for the employment, and your rights and interests will be damaged due to his improper employment.

The easiest and most effective way to make a telecom complaint**.

Call the police directly! The best way!!

Legal Analysis: Punishment for telecommunications fraud salesmen: sentenced to fixed-term imprisonment of not more than five years or short-term detention, and may be fined; where the amount is huge or there are other serious circumstances, a sentence of between 5 and 10 years imprisonment is to be given, and a concurrent fine; 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.

Legal basis: "Criminal Law of the People's Republic of China" Article 200: Where a unit commits the crimes provided for in articles 194 and 195 of this section, the unit is to be fined, and the directly responsible managers and other directly responsible personnel are to be sentenced to up to five years imprisonment or short-term detention, and may be fined concurrently; where the amount is huge or there are other serious circumstances, a sentence of between 5 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.

Legal Analysis: If the amount is large, you may face up to three years in prison, criminal detention or controlled release, and/or a fine.

Legal basis: Article 266 of the Criminal Law of the Qingtan 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 a sentence of imprisonment without a difference in righteousness and filial piety is to be given, and a concurrent fine or confiscation of property.

Salesmen of telecommunications fraud companies are accomplices in fraudulent activities, and shall be given a mitigated, commuted, or waived punishment.

1. How to sentence the crime of assisting in the opening of a casino.

Those who assist in the opening of casinos are to be dealt with as accomplices to the crime of opening casinos, and are to be sentenced to up to three years imprisonment, short-term detention or controlled release, and a concurrent fine; where the circumstances are serious, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given; If Xi Weizhao is an accomplice in a joint crime, the punishment shall be mitigated, commuted, or waived.

Article 27 of the Criminal Law stipulates that an accessory is an accomplice who plays a secondary or auxiliary role in a joint crime. For accomplices, punishment shall be mitigated, commuted, or waived.

Article 303 stipulates that whoever gathers a crowd to gamble or engage in gambling for the purpose of making a profit shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release, and shall also be fined. Whoever opens a casino shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release, and shall also be fined; where the circumstances are serious, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given;

2. How is the sentence for the joint crime of this crime.

1. Punishment for the principal offender: (1) The ringleaders who organized and led the criminal group are to be punished in accordance with all the crimes committed by the group. (2) The principal offender in any type of crime other than the ringleader who organized or led a criminal group shall be punished in accordance with all the crimes in which he participated, organized, or directed.

2. Accomplices shall be given a mitigated or commuted punishment or waived punishment. 3. Where those who are coerced to participate in a crime, punishment shall be commuted or waived in accordance with the circumstances of the crime. IV. Those who instigate others to commit crimes shall be punished in accordance with their role in the joint crime.

Those who instigate a person under the age of 18 to commit a crime shall be given a heavier punishment. If the person instigated did not commit the crime instigated, the punishment for the instigator may be mitigated or mitigated.

3. What are the criminal responsibilities for the crime of transporting drugs?

For criminals who play a supporting role in a joint crime, the people's courts of our country shall give them a lenient or commuted punishment; where the circumstances are minor, punishment may be waived. According to the provisions of the Criminal Law of the People's Republic of China, those who play a secondary or auxiliary role in a joint crime are accomplices; For accomplices, punishment shall be mitigated, commuted, or waived.

Article 200 of the Criminal Law stipulates that where a unit commits the crimes provided for in Articles 192, 194 or 195 of this section, the unit shall be fined, and the person in charge and other persons directly responsible shall be sentenced to fixed-term imprisonment of not more than five years or short-term detention, and may be fined concurrently; where the amount is huge or there are other serious circumstances, a sentence of between 5 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.

Legal Analysis: Whoever uses fraudulent methods to illegally raise funds for the purpose of illegal possession, and the amount is relatively large, is to be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and a concurrent fine; where the amount is huge or there are other serious circumstances, a sentence of 7 or more years imprisonment or indefinite imprisonment is to be given, and a concurrent fine or confiscation of property.

Legal basis: Civil Code of the People's Republic of China

Article 148:Where one party uses fraudulent means to cause the other party to carry out a civil juristic act contrary to its true intentions, the defrauded party has the right to request that the people's court or arbitration institution revoke it.

Article 149:Where a third party commits fraudulent conduct, causing one party to carry out a civil juristic act contrary to its true intentions, and the other party knows or should know of the fraudulent conduct, the defrauded party has the right to request that the people's court or arbitration body revoke it.

Article 150:Where one party or a third party uses coercion to cause the other party to carry out civil juristic acts contrary to their true intentions, the coerced party has the right to request that the people's court or arbitration body revoke it.

Criminal Law of the People's Republic of China

Article 192:Where fraudulent methods are used to illegally raise funds for the purpose of illegal possession, and the amount is relatively large, a sentence of between three and seven years imprisonment and a concurrent fine is to be given; where the amount is huge or there are other serious circumstances, a sentence of 7 or more years imprisonment or indefinite imprisonment is to be given, and a concurrent fine or confiscation of property.

Where a unit commits the crime in the preceding paragraph, the unit is to be fined, and the directly responsible managers and other directly responsible personnel are to be punished in accordance with the provisions of the preceding paragraph.

Article 266: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 is to be given. Where this Law provides otherwise, follow those provisions.

1) If the company commits telecommunication fraud, how to punish the employee shall be determined according to the role of the employee in the fraud activity and the circumstances of the fraud

1. Role in fraudulent activities:

1) If it is the principal offender, it must bear all the crimes of fraud;

2) If it is an accomplice, the punishment may be mitigated or commuted in terms of sentencing standards, and if the circumstances are minor, criminal punishment may be waived.

2. Sentencing standards for the crime of fraud:

1) 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;

2) where the amount is huge or there are other serious circumstances, a sentence of between three and ten years imprisonment and a concurrent fine is to be given;

3) Where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment or life imprisonment is to be given, and a concurrent fine or confiscation of property is to be given.

2) Legal basis: Criminal Law of the People's Republic of China

Article 26: [Principal Offenders] Those who organize or lead criminal groups to carry out criminal activities, or who play a major role in a joint crime, are the principal offenders.

A relatively fixed criminal organization formed by three or more persons for the purpose of jointly committing a crime is a criminal group.

The ringleaders who organized and led the Hexiao criminal group are to be punished in accordance with all the crimes committed by the group.

Principal offenders other than those provided for in paragraph 3 shall be punished in accordance with all crimes in which they participated, organized, or directed.

Article 266:[Crime of Fraud]Whoever defrauds public or private property, and the amount is relatively large, is to be sentenced to up to three years imprisonment, short-term detention or controlled release, 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 is to be given, or property is not confiscated. Where this Law provides otherwise, follow those provisions.

1. What are the conditions for constituting the crime of fraud.

The crime of fraud refers to the use of fictitious facts or methods to conceal the truth for the purpose of illegal possession to defraud a relatively large amount of public or private property. This crime is objectively manifested in the use of fraudulent methods to defraud a relatively large amount of public or private property.

First of all, the perpetrator has committed fraud, and the fraud includes two types of fraud, one is to fabricate facts, and the other is to conceal the truth; In essence, it is an act that leads the victim into a false understanding.

secondly, the fraudulent act causes the other party to have a wrong understanding, and the other party's misunderstanding is caused by the actor's fraudulent behavior; Even if the other party has a certain error in judgment, it does not prevent the establishment of fraud.

Finally, the establishment of the crime of fraud requires the victim to dispose of property after falling into a misunderstanding, and property disposal includes the act of disposition and the awareness of disposition.

In accordance with the provisions of our nation's current laws and regulations, list seriously untrustworthy individuals such as malicious debt evasion, illegal fundraising, telecommunications fraud, internet fraud, traffic violations, and failure to pay taxes in good faith in accordance with law as key targets of regulation, and employ administrative restraint and punishment measures in accordance with the first code regulations in accordance with law. That is, the perpetrators of telecommunications fraud are not only investigated for corresponding criminal responsibility, but also can be severely cracked down on by other means. Therefore, as employees who have committed telecommunications fraud, they should voluntarily surrender to the public security organs, truthfully state the circumstances of the unit's telecommunications fraud, so as to make up for their own negligence, and in accordance with relevant provisions, criminals who have legally-prescribed lenient punishment circumstances such as voluntary surrender and meritorious service may be given lenient punishments in accordance with law.

[Legal basis].Criminal Law of the People's Republic of China

Article 266: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 three and ten 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.