Fraud by winning messages via Facebook in Vietnam

Typically, tricks to scam Facebook users by sending fake messages to win prizes have flourished recently. Approval of the judgment 37/2018/HS-ST dated September 5, 2018 on the crime of fraud and appropriation of property is a clear proof of this type of crime. Specifically:

"On January 12, 2018, Le Van V posted phone number 0899216264 on the website and changed the name of his facebook account to "He thong" and then created a personal gmail with the account name Lenlenlenlun@gmail.com, then accessed the account on information via Flus software (software that automatically sends bulk messages to accounts other than social network names) sends content messages “Facebook Corporation announces: congratulations, your account is lucky to be randomly selected by the Facebook company system and confirmed as the account that won the second prize from the “golden week” event of gratitude to facebook customers this year. 2018. Currently (Messenger Facebook) your winning code is MC79HDLD along with attractive prizes to attract players."

On the same day, Mr. YUR RO LA Y received a winning message on his Facebook with the above content, thinking he won the real prize, Mr. Y visited the website and contacted V to do the procedures to receive the prize. V received the phone and pretended to be a customer care worker, explained the winning program and asked Mr. Y to pay a fee of VND 3,000,000 for making a claim at the website: tranghoso2018.com in the form of pay phone card scratch card and Mr. Y agreed to follow V's instructions. After appropriating VND 3,000,000, V asked Mr. YUR ROLA Y to pay VND 10,000,000 in VAT, and Mr. Y paid VND 10,000,000. After that, V continued to ask to pay the vehicle transportation fee of VND 16,200,000, and Mr. Y paid VND 16,200,000. Next, V asked Mr. Y to pay VND 3,000,000 for the activation code fee to receive money, and Mr. Y also followed V's request.

All acts of fraud carry criminal signs, causing many people to fall into the situation of losing money. Therefore, they can be prosecuted for criminal liability for fraud to appropriate property under the Criminal Code 2015 or handled by administrative sanctions.

Regarding the handling of criminal liability :

Article 174. Obtaining property by fraud

1. A person who uses deception to obtain another person's property which is assessed at from VND 2,000,000 to under VND 50,000,000 or property assessed at under VND 2,000,000 in any of the following circumstances shall face a penalty of up to 03 years' community sentence or 06 - 36 months' imprisonment:

a) The offender has incurred an administrative penalty for appropriation of property;

b) The offender has an unspent conviction for theft of property or any of the criminal offences specified in Article 168, 169, 170, 171, 172, 173, 175 and 290 hereof;

c) The offence has a negative impact on social safety, order and security;

d) The property illegally obtained is the primary means of livelihood of the victim and the victim's family; the property illegally obtained is a souvenir, memento or religious item that has a spiritual value to the victim.

2. This offence committed in any of the following circumstances carries a penalty of 02 - 07 years' imprisonment:

a) The offence is committed by an organized group;

b) The offence is committed in a professional manner;

c) The property obtained is assessed at from VND 50,000,000 to under VND 200,000,000;

d) Dangerous recidivism;

dd) The offence involves abuse of the offender's position or power or committed in the name of an agency or organization;

e) The offender employs deceitful methods to commit the offence;

g) The property obtained is assessed at from VND 2,000,000 to under VND 50,000,000 or but the offender commits the offence in any of the circumstances specified in Point a through d Clause 1 of this Article.

3. This offence committed in any of the following circumstances carries a penalty of 07 - 15 years' imprisonment:

a) The property obtained is assessed at from VND 200,000,000 to under VND 500,000,000;

b) The property obtained is assessed at from VND 50,000,000 to under VND 200,000,000 or but the offender commits the offence in any of the circumstances specified in Point a through d Clause 1 of this Article.

c) The offender takes advantage of a natural disaster or epidemic to commit the offence.

4. This offence committed in any of the following circumstances carries a penalty of 12 - 20 years' imprisonment or life imprisonment:

a) The property stolen is ≥ VND 500,000,000;

b) The property obtained is assessed at from VND 200,000,000 to under VND 500,000,000 or but the offender commits the offence in any of the circumstances specified in Point a through d Clause 1 of this Article.

c) The offender takes advantage of a war or state of emergency to commit the offence.

5. The offender might also be liable to a fine of from VND 50,000,000 to VND 200,000,000, be prohibited from holding certain positions or doing certain works for 01 - 05 years or have all or part of his/her property confiscated.

Regarding administrative handling :

In case that person is not yet to the level of criminal prosecution, that person will be administratively handled according to the provisions of Decree No. 174/2013/ND-CP dated November 13, 2013:

Article 74. Violations against regulations on appropriation of property using computer network

1. A fine ranging from VND 30,000,000 to VND 50,000,000 shall be imposed for any of the following violations:

a) Stealing or illegally using information concerning bank accounts or bank cards of other entities to appropriate or cause damage to their property;

b) Committing frauds via online communication on the Internet network or telecommunications network to appropriate property of other entities or individuals.

2. A fine ranging from VND 50,000,000 to VND 70,000,000 shall be imposed for any of the following violations:

a) Illegally accessing accounts of other entities or individuals to appropriate their property;

b) Setting up or providing services of diverting international calls into domestic calls for the purposes of frauds or appropriation of property.

3. A fine ranging from VND 100,000,000 to VND 140,000,000 shall be imposed for committing frauds in e-commerce, currency trading, capital mobilization, trading and settlement of stocks in cyberspace for the purpose of appropriating property of other entities or individuals.

Enforced transfer of illegal benefits obtained from administrative violations prescribed in Clauses 1, 2 and 3 this Article.

Once money has been lost to scammers, it is very difficult to recover the lost money. Therefore, everyone should be careful and beware of all forms of fraud. Don't just rely on the authorities, but protect your own assets.

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