2024-02-06 "Procuratorate**".
Edition 04: Rule of Law News.
Long-term recruitment of cash fleet"""safe, simple, high commission"......In the face of such powerful publicity, two "post-00s" Chen and Dong co-opted others to participate in "running scores" to help overseas criminal gangs launder money. Recently, after the Xiangzhou District Procuratorate of Xiangyang City, Hubei Province initiated a public prosecution, the court sentenced the defendant Chen to two years and ten months in prison and Dong to three years in prison for the crime of covering up and concealing criminal proceedsDefendants Song, Wang, and Tang were sentenced to fixed-term imprisonment ranging from seven months to nine months, and some defendants were given suspended sentences.
With a single thought, young people go astray
Dong and Chen usually call each other "iron buddies". One day, Chen suddenly told Dong that when he visited an overseas chat software, he found that someone posted a notice in the group chat to recruit a "running team", and he could make money in this way.
The two hit it off and agreed that Chen would contact the overseas criminal gang, and Dong would find someone to lend the bank card. Subsequently, Dong found his friends Song and Wang to "cast a wide net" and recruited a large number of card providers, including Tang, many of whom were minors. Chen first informed the overseas criminal gang of the bank card account number he obtained, and after the criminal funds flowed in, Chen and Dong went to the bank to withdraw the funds in the account, and then deposited the cash into the account designated by the overseas criminal gang to help "launder the criminal funds".
In just two months, the gang collected a total of 15 bank cards provided by 10 card providers to help transfer 550,000 yuan, of which the confirmed fraud amount amounted to more than 20 yuan. In September 2023, the public security organs arrested Chen, Dong and others according to relevant clues.
Accurate qualitative, lock in subjective knowledge
Subsequently, the public security organs submitted to the procuratorate for approval of their arrest on suspicion of aiding information network criminal activities. During the review of the dossier material, the prosecutor had different views on the characterization of the case.
Did Chen and Dong know that the transferred money was the proceeds of crime?How should the subjective knowledge of the two be determined?The prosecutor thought of Chen's chat history on overseas chat software. With the assistance of the public security organs, the procurator obtained the information on the dialogue between Chen and the overseas personnel that had not been completely deleted, among which the scattered conversations such as "long-term recruitment and collection of cash fleet", "pulling me into the backup group", "drop, punching in and starting work", as well as the location information of the overseas personnel, can confirm that Chen and others knew that the previous family was engaged in illegal and criminal activities, and the funds transferred by them were all criminal proceeds. According to the procurator's opinions on guiding the investigation, the public security organs supplemented and improved the evidence and transferred the case to the Xiangzhou District Procuratorate for review and prosecution.
Chen and Dong's conduct has gone beyond the types of conduct that can be covered by the crime of aiding information network criminal activities, and the two directly operated bank cards to receive funds transferred by upstream criminals and helped transfer them, which should constitute the crime of covering up and concealing criminal proceeds with a heavier sentence. "In November 2023, the procuratorate prosecuted Chen and Dong on suspicion of covering up and concealing criminal gains, and Song, Wang, and Tang on suspicion of aiding information network criminal activities.
Procuratorial suggestions to promote governance at the source
Since the five defendants in this case have always maintained a good attitude of repentance during the examination and prosecution stage, and there is room for education and reform, during the trial, the prosecutor conducted court education for several defendants, "You are still young, you have a flexible mind, and you should have a bright future, but you have used your wisdom and talents on the wrong path, and I hope you can take this as a warning and reform your ways." ”
Because of the greed of the moment, not only hurt myself, but also affected my friends, but also made my parents sad, I regret it very much, and I am willing to admit my guilt and accept punishment. In their final statements, Chen and several other defendants repented of their mistakes and sincerely pleaded guilty and repented. On December 28, 2023, the court made the above judgment after a trial.
The case is closed. In the course of handling the case, the prosecutor found that the places where the "running points" personnel provided bank cards and the gang operated bank card transfers were all in hotel rooms, "so many card providers frequently enter and leave the hotel, and some people even stay overnight without registration, which shows that the hotel has not strictly implemented the check-in registration system, and also reflects the insufficient supervision of the hotel by the public security department of the public security organ." In response to this problem, the Xiangzhou District Procuratorate issued a procuratorial recommendation to the public security organs in December 2023, urging them to strengthen daily inspections of hotels and strengthen publicity and education for hotel employees.
The public security police explained the precautions to the hotel employees.
After receiving the procuratorial suggestion, the public security department of the public security organ actively implemented it, further strengthened the supervision of hotels in its jurisdiction, and at the same time carried out legal popularization and publicity to hotel employees in light of the characteristics and precautions of fraudsters using hotel rooms to carry out criminal activities, and achieved good results.
*丨"Procuratorate**".
Author丨Dai Xiaowei, Lian Kai, Wang Xuya.
Editor丨Wu Xuemin.
Audit丨Duan Junxia.