Song Xiaomeng
After the college entrance examination results are announced, candidates and parents are most concerned about choosing schools and filling in their volunteers. Various types of fraud involving college entrance examinations have also entered a period of high incidence. Although various college entrance examination scams are exposed every year, judging from the court's trial practice, there are still college entrance examination students and their parents who are trapped by criminals. The admission of Beijing Gaozhao will take place from August 6th to 30th. The education and public security departments have recently reminded examinees and parents to guard against the traps of admissions for the college entrance examination to avoid being deceived and causing losses.
Routine One
Cooperative school has a way to directly enter
The educational training institution run by Xie once cooperated with a college of a post and telecommunications university to organize training courses, and students can enter the campus to observe the courses. Xie asked Xing to recruit students in the name of helping him recruit a student with a rebate of 5,000 yuan. Seeing that there is a great business opportunity in this matter, Xing lied to the outside that he was an assistant to the vice president of the University of Posts and Telecommunications, and he could help the college entrance examination candidates to obtain formal academic qualifications and degrees. At that time, Xiaobai's college entrance examination scores were not satisfactory, and his mother learned through friends that Xing had "outcomes" and gave him 300,000 yuan in benefits. Later, Xiaobai did get the admission notice from a certain college of the University of Posts and Telecommunications, but during his studies he found that he was different-there was no one in class and the test was taken separately. Xiaobai's mother asked Xing about this matter, and the other party used "now is a transitional period" and "wait for a while" and other reasons. Four years later, Xiaobai, who graduated, didn't get his graduation certificate, and found out that his student status was not a University of Posts and Telecommunications. Only then did he realize he was cheated. After Xing was arrested, Xiaobai learned that there were still 7 people deceived like him, and the deceived amount was as high as 2.2 million yuan. In the end, Xing was sentenced to ten years and six months in prison.
Judge clarifies doubts
Article 266 of the Criminal Law of the People’s Republic of China stipulates that anyone who defrauds public or private property in a relatively large amount shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or surveillance, and a fine or a fine; if the amount is huge or has other serious circumstances , Shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall be fined; if the amount is particularly large or there are other particularly serious circumstances, shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and shall be fined or confiscated. At the same time, the Supreme People’s Court and the Supreme People’s Procuratorate’s "Interpretation on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Fraud" made specific distinctions between "large amounts", "large amounts" and "particularly huge amounts". 30,000 yuan to 100,000 yuan or more, and 500,000 yuan or more are the criteria for judgment. In college entrance examination enrollment fraud cases, the amount of crime is often “extraordinarily huge” and the starting point is relatively high.
In reality, some training institutions and affiliated institutions of colleges and universities have formed convenient conditions through borrowing teaching venues and auditing school courses. Under the guise of "cooperating with colleges and universities," they deliberately exaggerate and falsely promote, claiming that the same will be issued upon graduation. The degree certificate and graduation certificate of the victim give the victim the appearance of false admission. These are all auxiliary acts of fraud, all of which are used to obtain money for the purpose of illegal possession.
Routine 2
Just spend money to "make up the record"
During the dinner, Chi met Li, who lied to be the director of the Ministry of Education and was later seconded to the State Council as secretary. During this period, Chi talked about his child’s college entrance examination. Li said that he had an acquaintance at the China University of Political Science and Law and he met in person Call someone called "Brother Wang" to run the matter. Li said that 400,000 yuan was needed to clear the relationship, and said that "a full refund cannot be made." Chi quickly gave Li 400,000 yuan in cash. Until the beginning of September, the child did not receive the admission notice from China University of Political Science and Law. When Chi questioned Li, the other party still said "no problem" and was coordinating the matter through the Ministry of Education. Later, when Chi called Li again, he realized that he was deceived when he couldn't get through. Later, Li was sentenced to two years and six months in prison for bluffing.
Judge clarifies doubts
Article 279 of the Criminal Law of the People’s Republic of China stipulates that anyone who pretends to be a staff member of a state agency shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, surveillance, or deprivation of political rights; if the circumstances are serious, he shall be sentenced to not less than three years but not more than ten years. imprisonment. Article 8 of the Supreme People’s Court and the Supreme People’s Procuratorate’s “Interpretation on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Fraud” stipulates that those who pretend to be a staff member of a state agency to commit fraud and constitute the crime of fraud and bluffing shall be convicted in accordance with the more severe punishment Punishment.
Judging from various cases of college entrance examination enrollment fraud, in order to gain the trust of the victim in his ability to do things, criminals generally falsely claim that it is a higher-level government worker who defrauds money, which also constitutes the crime of bluffing and deceiving. However, the maximum statutory sentence for the crime of swagger and fraud is only ten years. If the amount of money obtained by impersonating a staff member of a state agency is extremely large, it is still punished with the crime of fraud in accordance with the principle of elective felony, in order to reflect the crime, responsibility and punishment.
The judge reminded that most of the college entrance examination scammers will fabricate their identities or exaggerate their abilities, and package themselves or their intermediaries as a "capable person". Generally, they will not reveal their specific positions in the "unit" or reveal positions that cannot be verified. Use the information asymmetry between the trustee and the trustee or intermediary to commit fraud. Victims and criminals often get to know each other at a dinner, wine board, or by chance, and it is not ruled out that criminals work together to deceive the victim.
In addition, judging from previous years, scams such as "internal enrollment", "special indicators", and "re-enrollment" often appeared during high-level recruitment. Criminals falsely claim that a certain college has not been able to recruit a full number of places. By spending money to "manage" candidates, candidates can obtain special indicators or make up for enrollment. In fact, the college entrance examination and admission system has a strict nationally unified certification encryption system and supervision mechanism. The so-called spending money to go to a good university, a good major, or not enough scores to go to college, etc. are all tricks. Candidates and parents should understand and confirm exam admissions policies and information from regular channels, and carefully screen out notifications from unknown sources. Don't be credulous, and report to the police if they are cheated.
Routine Three
Password leaked volunteer was tampered
Deng was responsible for helping a vocational college in Guangxi to recruit students. When student Wei asked him to fill in his volunteers, Deng recommended the college to Wei several times and sent a link to the registration system. Although Wei filled in his name, ID number and other information on the system link, the college did not appear in the final application. In order to improve his performance, Deng guessed Wei's password by guessing the password by using the birthday information of his ID number, and modified his volunteer without authorization, and locked his volunteer to a vocational college in Guangxi. After Wei received the admission notice from the vocational college, he suspected that his password had been leaked and had been tampered with. After investigation, Deng had tampered with the wishes of 11 candidates including Wei in a similar manner. In the end, Deng was sentenced to one year and two months in prison for damaging computer information systems.
Judge clarifies doubts
For tampering with other people’s college entrance examination volunteers, because the criminal law does not formulate a separate penalty clause for the behavior and meets the criminal conviction standards, in practice, they are often convicted on the three crimes that may involve the crime of destroying computer information systems, infringing on citizens’ personal information, and infringing on citizens’ freedom of communication Punishment; to the lesser extent, administrative penalties will be given to the offender in accordance with the relevant provisions of the Public Security Management Punishment Law.
This behavior is essentially an infringement of the candidate's right to education. The Civil Code, which will be implemented next year, adds a Personality Rights Edition. Obtaining the passwords of other people's accounts without consent and tampering with private information such as their volunteers is also an infringement of personality interests and an infringement of the candidates' personality rights. If for other reasons, the perpetrator cannot be held criminally responsible, the victim can also consider seeking relief from the perspective of civil litigation. Faced with the risk of personal information being leaked in the Internet age, candidates must enhance their personal information protection and risk prevention awareness when filling in their volunteers, and properly keep their personal login passwords to prevent them from being used by criminals, and be alert to acquaintances committing crimes , To avoid actively revealing your password to others.
In recent years, "big data predicts the probability of admission" and "one-to-one consultation with experts" and other college entrance examination applications have become popular among candidates. Some training institutions, consulting companies, individuals, etc. use the name of recruiting institutions to carry out on-site consultation and counseling activities for college entrance examination volunteers, or imitate official websites to conduct online consultation and counseling, known as expert guidance, including admissions, and charging high amounts from candidates and parents Consultation fees, tutoring fees, and big data platform usage fees, etc., will cause financial losses to candidates and parents, and more importantly, they may be misled and lose normal admission opportunities.
Candidates participating in voluntary reporting and guidance consultation activities must recognize the sponsor. Be vigilant for fee-based voluntary reporting and consulting activities organized by various consulting agencies in the society. Some high-priced apps, websites or consulting agencies have problems such as irregularities and security risks. In particular, candidates and parents are reminded that on-site or online consultation activities organized by local admissions and examination agencies and admissions colleges are free. Please check their official websites. College entrance examination policies and information must be published by provincial admissions and examination agencies. , Don’t trust the information learned through other informal channels to avoid being deceived.
A careful analysis of the above-mentioned various admission scams, although the methods are not new and the scams may not be smart, they can often succeed. The reason is that it has captured the urgency of the parents' hope that their son will become a dragon and their daughter will become a phoenix. The college entrance examination is an important way for the country to select talents, and a set of scientific and standardized, strong supervision, fair and impartial examination and enrollment system has been established. Even the autonomous enrollment of colleges and universities is by no means "free enrollment". It has extremely strict procedures and conditions, and everything operates effectively on the track of the rule of law. Therefore, the judge reminded the majority of parents: the most effective anti-fraud technique is to follow the formal recruitment procedures, and at the same time pay attention to the protection of personal information, only in this way can it avoid bringing regrets and losses to the children and the whole family.
(Author's unit: People's Court of Haidian District, Beijing)