Penal Craftsman Studies.
The role and identification of POS machines in the case of illegal business operations involving "card maintenance".
In a general sense, "card maintenance" may constitute an obstruction of credit card management. However, if the funds are cashed out through the POS machine and transferred to the designated account, because often the POS machine will deduct a certain fee (o.).55-0.6%, depending on the size of the amount), and the operator will also charge a certain fee in this link, such as 01-0.15%.At this time, it may be suspected of illegally engaging in illegal business operations such as fund payment.
In practice, there is a situation where the perpetrator claims that he only lends funds and makes money to the account designated by the owner. Here, there is no pos machine, in this case, it seems that there is no pos machine. So, what is the difference between this operation and the aforementioned process?
Here, it is necessary to disassemble the "sao operation" of the "card keeper" in detail.
A common "maintenance card" is a revolving overdraft of the credit card, repaying the loan on time, and guaranteeing that it will not be overdue. However, the deformed "maintenance card" can accept credit cards, online loan platforms (Huabei, borrowing, money to spend, etc.), cash and other funds, among which the number of points is different. In general, credit cards are 01%, and 015% and 03%。At this point, the lender actually has an interest option.
For example, if you also lend funds, in order to get more interest, you will of course choose to lend cash (high interest). At this time, the advantages of the POS machine are highlighted, that is, the credit card (generally provided by the previous family) will be held on behalf of the customer, and the card will be swiped on the POS machine run by yourself, so as to get cash on the bound bank card, and then the cash will be transferred to the account designated by the previous family to complete the fund lending operation with the highest return.
Therefore, without the POS machine, it is impossible to complete the part of cashing out the funds of the credit card (the password is provided by the previous family), and it is impossible to realize it for yourself, and it is impossible to complete the next section of the transfer to the designated account. At this time, especially as many as millions, tens of millions, tens of millions of funds flow, the lack of POS machine can not be completed.
**, there is also such a function, due to the one-to-one correspondence between WeChat and ID card, the collection of money *** also has its scarcity, the use of ***, especially the company's *** collection, is also an important channel for the bridge of capital receipt and payment - * Does the realization of funds require a handling fee?Absolutely!- So in the same way, the payee who engages in this section of the operation will also charge a certain fee.
Without a POS machine, it is impossible to complete the receipt and payment of funds, but in the evidence at this time, there are often people who claim that they are only responsible for collecting money and transferring it to the designated account. Never mentioning the deduction of expenses by yourself is actually denying the cost of a large number of operations (time cost, bank card, ** resource cost, etc.), which is obviously illogical. In particular, if the capital flow is huge and lasts for a long time, it can be judged that there is concealment in its statement.
For the latter kind of "fancy" card, in recent years, there are often "thunderstorms", the reason is that behind the high-interest loans, in fact, there is a deep pit of non-absorption. At this time, the original "repayment of credit card" will face the inability to recover the loan by itself, and what is more dangerous is that it will be recognized as illegal business (illegally engaged in fund payment and settlement business) because of the profit from the previous operation.
At this time, from the perspective of profit and loss balance, it should be determined that he is not a victim of the case. The reason is that the perpetrator has received little gains, huge losses, and has been deceived.
At this time, in fact, there is a situation where the victim (witness) and the minor illegal profit-making act coexist and overlap, and in this case, it should be generalized according to the principle of profit and loss equilibriumOtherwise, a separate, one-sided, static, and metaphysical trade-off and tailoring will undoubtedly become a mechanical justice, and it will not be able to prevent arbitrary entry and exit of people.
If, however, the perpetrator is pursued for criminal responsibility, but it is discovered that a large number of witnesses and victims have not been pursued, at this time, the perpetrator may be able to obtain a lighter punishment by providing mobile phone WeChat communication records, applying for access to relevant personnel's WeChat communication records and flow of information, and conducting forensic accounting appraisals, supplementary investigations, etc., on the one hand, to strive for meritorious service (judicial personnel are suspected of dereliction of duty and abuse of power if they do not act), and on the other hand, to strive for the client to refer to the circumstances of other people, and to be able to obtain a mitigated punishment as well.
Further reading:
1.Criminal Craftsman File Summary of Criminal Charges and Laws and Regulations Involved in Using Others' Credit Card Transfers (2023 Edition).
2.Criminal Craftsman Case Database Yu Runlong's Innocence of Illegal Business Operation - If the administrative regulations are changed during the court's trial, the verdict should be acquitted as both old and lenient.
3.From the latest cases of not guilty verdict, we can see the gist of the not-guilty verdict for the crime of illegal business operation.
4.Judging from the latest non-prosecution decision, there are 3 defense directions and 20 not-guilty arguments for the crime of illegal business operation.
5.Why the act of holding a "card maintenance" on behalf of others cannot be found to be the crime of obstructing credit card management.
6.Precise defense of financial crimes |Characterization and not-guilty arguments for using POS terminals to illegally cash out.
7.Torturer Warning Record: Are you "raising cards"?You have already committed the crime of illegal business operation!
Editor: Ice Worm Reviewer: Burnt soup flowers.