In recent years, with the continuous renovation of online fraud "routines", some criminals have targeted college students who are not deeply involved in the world. Faced with an unfamiliar campus environment, complex interpersonal relationships, and a virtual online world, college students may fall into well-organized organizations due to their lack of social experience. How can college students protect themselves from being scammed?Please put away this wave of anti-fraud guides
Online dating is not simple, and it is easy to encounter "pig killing plates".
Since social circles are usually confined to school, some college students choose to make friends online through the Internet. The online dating model is detached from reality, the imagination space is large, the relationship between friends is developing rapidly, and the spark of love may collide between the opposite sex. As everyone knows, what is hidden behind the network cable may not be a friend, but a carefully woven trap.
Recently, the news that a 19-year-old college student was deceived of 3.18 million yuan in a month and a half for "online dating" has aroused heated discussions on the Internet. Xiao Li, a college student who just broke up with his girlfriend, has a voice chat software and met a female anchor. After that, the two chatted with each other while playing online games, and the anchor also sent him his own life**, and the two quickly established a relationship. In the following days, the anchor kept instigating Xiao Li to give her gifts, saying that the house was going to be renovated, and sometimes saying that he was sick, and asked Xiao Li to lend her money. During this period, Xiao Li also had conflicts with him because he couldn't meet, but he couldn't stand the sweet words of the other party and fell into the whirlpool of online love and couldn't extricate himself. One day, **'s request to meet was rejected again, Xiao Li finally realized that he might have been deceived, and under his repeated questioning, the anchor admitted that he had deceived him, hoping that Xiao Li would not call the police and promised to return the borrowed money.
Knowing that their son had been deceived, Xiao Li's parents went to the police station with him the next day to report the case. In just one and a half months, Xiao Li transferred a total of 94 times, excluding the 285,400 yuan returned by the other party, and was defrauded of a total of 3.18 million yuan. At present, the female anchor suspected of fraud has been criminally detained. According to the criminal law's sentencing provisions for fraud, the female anchor may face more than 10 years in prison or even more serious punishment.
In another case, between August 2020 and October 2022, the defendant Wang (male) impersonated a woman on a dating app, and met the victim Liu and the victim Zhao, a college student, respectively, and then the two parties chatted with each other on WeChat. In the course of the WeChat chat, the defendant Wang, in the name of the subject, fabricated reasons such as his own difficulties in life, holidays and other reasons to let the other party express his heart, and demanded money from the victims Zhao and Liu, and defrauded the victim Zhao of a total of 30,489 yuan and the victim Liu of 88,290 yuan before the case.
The court held that the defendant Wang, for the purpose of illegal possession, used the means of fabricating facts and concealing the truth to defraud others of their property, and the amount was huge, and his conduct constituted the crime of fraud and should be punished in accordance with law. On the basis of Wang's mitigating circumstances, the court found Wang guilty of fraud and sentenced him to two years and seven months imprisonment, suspended for three years, and a fine of RMB 40,000.
Legal Tips] For college students who have a certain amount of disposable funds but lack social experience, ** sometimes use the dating psychology and network psychology of college students to fabricate facts and set up ** through telecommunication network technology to carry out remote contactless online dating fraud. College students must keep their eyes open when making friends online, do not indulge in the online virtual world and the fake characters carefully created by the other party, start from reality, and remember to "talk about money hurts feelings".
Part-time jobs, keep your eyes open, not afraid of hardship, afraid of being deceived.
Work-study programs can not only obtain a certain economic income, but also gain social practical experience. But college students work part-time, and what they are most afraid of is not hardship, but being deceived. According to the survey, nearly 40% of students have experienced personal safety problems in part-time jobs, and nearly 40% of students have experienced unpaid part-time wages. In addition to the traditional risk of fraud, some new fraud methods are also quietly deployed, and college students may become "tool people" for fraudsters.
From 2019 to 2020, in order to seek illegal benefits, defendant Liang cooperated with defendant Xia, who operated Company A, and others, to trick college students into registering shell companies to defraud state subsidies. Xia released information on recruiting college students on platforms such as recruitment**, WeChat part-time group, circle of friends, **, etc., to attract college students to interview with company A, induce college students to apply for registration of the company, and stated that the company registered by college students is only to fill the field and fill the indicators of college students' incubation and entrepreneurship, and there is no need for college students to participate in the operation within a year, and there will be instructors to assist in entrepreneurship and management of the company's industry and commerce, taxation, bank reconciliation, social security payment, etc., but the company's business license and official seal, legal person seal, financial seal, If you receive a return visit and investigation, college students should admit that they have opened a start-up company and operate normally, and entrust company B to help with bookkeeping and entrepreneurship trusteeship, and trick college students into signing the "College Student Business Incubation Agreement" with Company C. Liang organized other personnel, with college students as legal representatives, successively registered 276 shell companies, and fraudulently received one-time entrepreneurial subsidies, rent subsidies, entrepreneurship-driven employment subsidies and other relevant national policy subsidies by controlling enterprises, corporate bank accounts, college students' personal bank accounts and fictitious shell company employee information, bookkeeping and tax declaration, etc., of which 261 companies have applied for subsidies totaling 5,015,000 yuan.
The court held that defendants Liang, Xia, and others fabricated facts, concealed the truth, and defrauded property, and the amount was particularly huge, and their conduct constituted the crime of fraud. The court convicted the defendant Liang of fraud and sentenced him to 11 years imprisonment and a fine of RMB 110,000The defendant Xia was convicted of fraud and sentenced to four years imprisonment and a fine of 50,000 yuan, and the two returned their illegal gains.
Legal Tips] College students should be vigilant when engaging in part-time social work and vacation Xi. When engaging in off-campus part-time jobs, you can contact through the school employment service center, and when engaging in off-campus part-time jobs, you must carefully choose reliable employers, screen part-time recruitment information, improve legal awareness, do not blindly pursue high-paying part-time jobs and practical Xi positions, and pay attention to personal information protection to avoid being used by fraudsters to commit criminal acts. Once it is found that the part-time job has been cheated, college students should seek help from their families, schools and public security organs in a timely manner, and do not fall deeper and deeper into the loss.
In the face of employment pressure, be wary of the trap of "training loans".
When college students are under pressure to find employment, they think that more skills can increase their employment weight, so they try to obtain as many qualifications as possible and sign up for training. Some unscrupulous training institutions happen to take advantage of this "business opportunity" to induce college students to fall into the training trap. It is not uncommon for college students to be deceived in training, and "training loans" are one of the new traps.
The so-called "training loan" trap refers to the fact that some unscrupulous training institutions induce students to borrow money to pay for training fees on online loan platforms with promises such as providing part-time jobs and employment opportunities. However, after the course began, the participants did not get the part-time or employment opportunities promised by the institution, nor did they master a skill, but they faced difficulties in refunding fees and the risk of loan sharks.
Recently, Xiao Yang, who is a freshman, reported to ** that she may have suffered a "training loan"** She participated in an online dubbing course at a training institution, and under the guidance of the staff, she handled an installment payment of a total of 5,860 yuan for tuition. Later, she found that the course content did not match the promise, and the institution did not offer part-time opportunities as previously promised. She offered to cancel the course and get a refund, but she still had to pay a penalty of 2,023 yuan. Feeling deceived, Xiao Yang decided to quit the class and no longer repay the loan in installments, but the reminder text message came immediately. Only then did she know that the so-called tuition installment was actually a loan from an online lending platform to pay the tuition fee and repay it in installments. Now, she not only hopes to get back the money she has paid from the training institution, but also worries that not doing what the training institution requires will lead to the inability to cancel the installment loan, which will affect her personal credit.
According to Article 148 of the Civil Code, if 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 the people's court or arbitration institution to revoke it. The parties may apply to the court to rescind the training contract. If the training contract is concluded in accordance with the law, according to Article 509 of the Civil Code, the parties shall fully perform their obligations in accordance with the agreement, and if the training institution fails to perform the contractual obligations of training and work arrangement in accordance with the agreement, its behavior has constituted a breach of contract, in this regard, the trainee may file a lawsuit in accordance with the agreement to pursue the legal responsibility of the training institution. If you are suspected of fraud, you can also report it to the public security organ.
In another case, Zhao, a recent college graduate, claimed that in April 2022, the plaintiff went to Company E, a branch of defendant Company D, for an interview and signed a training loan of 18,000 yuan. After returning home on the same day, the plaintiff filed a refund to Company E, and paid 1,000 yuan of liquidated damages to the defendant Company D as required, and Company E helped the plaintiff repay the first installment of the loan, and then urged the remaining refund many times to no avail, and the plaintiff sued Company D and Company E to the court in order to protect its legitimate rights and interests, and demanded that the defendant return the plaintiff 17,000 yuan and interest.
In the end, the defendant did not appear in court to defend the training of the two parties, and the court accepted the plaintiff's evidence and statements, confirmed that the defendant did not provide any training services to the plaintiff, and now the plaintiff's request for the defendant to refund the tuition fee is reasonable and legal. The plaintiff confirmed that the defendant repaid the first installment of the loan on behalf of the plaintiff, and now the plaintiff requires the defendant to repay the remaining loan principal of 17,000 yuan, and the court should support it. In accordance with Articles 509 and 577 of the Civil Code, the defendant Company D was ordered to refund the plaintiff Zhao's training fee of 17,000 yuan and pay interest.
Legal Notice] At present, "training loans"** are on the rise, and some college students are in debt before going to work. When choosing Xi training and employment training, college students should learn about the reputation of relevant training institutions, training content and teachers through multiple channels, and carefully identify false propaganda. When signing a training service contract and paying for training fees, avoid paying a large amount of money at one time, and avoid using "training loan" to pay fees, so as not to refund difficulties and even affect personal credit.
Wen Yang Hui (Beijing Shijingshan District People's Court).
Edited by Han Shirong.