Recently, the Sanpingken District People's Court tried a case of "helping trust", and the criminal suspect Li Mou was gullible enough to believe that netizens could help him repay Huabei, and whimsically dreamed of "pie in the sky", and walked towards the road of crime step by step.
Noun prompt:
The crime of aiding information network criminal activities, abbreviated as the "crime of aiding trust", refers to conduct by natural persons or units that clearly know that others are using information networks to commit crimes, and provide them with technical support such as internet access, server hosting, network storage, and communication transmission, or providing assistance such as advertising and promotion, payment and settlement, where the circumstances are serious.
Case reviewEarly May 2023, Li met a netizen who claimed to be able to repay Alipay Huabei through an online platform and added WeChat to each other.
May 20 and 21 of the same yearAccording to the netizen's prompt, Li took a bank card from Huangshi, Hubei Province to Wuhan in a car driven by a friend, and was taken to a homestay after connecting with the "running points" money laundering personnel. During this period, Li clearly knew that the other party was using his bank card to commit information network crimes, but still handed over his ID card, savings card, mobile phone and other items to the other party to help pay and settle. In this process, the savings card under Li's name has flowed into more than 1 million yuan, and Li has been paid 8,000 yuan by the other party. After the case occurred, the defendant Li was summoned by the public security organs, and truthfully confessed all the facts of the crime after arriving at the case.
In the course of hearing the case by the Sanpingken District People's Court, the defendant Li was remorseful for his actions and pleaded guilty and repented in court. The public prosecution found that the defendant Li clearly knew that others were committing information network crimes, but still provided bank cards to help with payment and settlement, and that according to the provisions of article 287-2 of the Criminal Law of the People's Republic of China, the facts of the crime are clear, the evidence is credible and sufficient, and criminal responsibility should be pursued for the crime of aiding information network criminal activities, and it is recommended that the defendant be sentenced to six months imprisonment and fined 8,000 yuan.
The court finally ruled that the defendant Li was guilty of aiding information network criminal activities, and was sentenced to six months in prison, recovered his illegal gains, and fined 8,000 yuan.
What the judge saidAccording to the presiding judge of this case, in cybercrimes, especially telecommunications fraud cases, each accomplice is responsible for part of the act, the criminal act is subdivided into multiple stages, the behavior is hidden, and even many wire fraudsters are not in the territory at all, which brings many obstacles to the investigation activities of the public security organs and causes huge losses to the property safety of the people. Therefore, only by cutting off the black and gray industry behind information cybercrime in an all-round way and cracking down on the whole chain can we curb the high incidence of cybercrime.
According to article 287-2 of the Criminal Law of the People's Republic of China, "Clearly knowing that others are using information networks to commit crimes, providing them with technical support such as internet access, server hosting, network storage, or communication transmission, or providing assistance such as for advertising and promotion, payment and settlement, and the circumstances are serious, is to be sentenced to up to three years imprisonment or short-term detention and/or a fine." ”
The judge reminded:
In recent years, there has been a high incidence of online telecom fraud cases, and the masses often suffer heavy losses after suffering from telecom fraud. One of the important reasons why it is difficult to recover the money involved in telecommunications fraud is the existence and high incidence of the crime of "helping credit". A large number of bank cards and ** cards with "real names and false names" are purchased by criminals and used to carry out telecommunication fraud, and the fraudulent amount is circulated through a variety of settlement tools, which brings great difficulty to the fight against crime. The judge hereby reminds everyoneDon't be greedy for small profits to believe in the lie of "pie in the sky", and lend your ID card, bank card, mobile phone card, etc. to others, so as to become a fraud gang to withdraw fraudulent money
*: Today's 12th Division.