At present, cross-border telecommunication network fraud crimes continue to occur frequently and show new trends and characteristics, seriously affecting the people's sense of gain, happiness and security.
For some time, the topic of "Myanmar fraud" has been in the spotlight. What is the final outcome of those who are "tricked" into going to Myanmar and those who are "tricked into going" to Myanmar, and what are the punishments? On February 7, the Supreme People's Court released a typical case of cross-border telecommunications network fraud and related crimes, disclosing the relevant circumstances in detail and sending a strong signal of severe punishment in accordance with the law.
was deceived into escaping in Myanmar and unsuccessfully, paid a "ransom" to return to China: defrauded more than 17 million US dollars, and was sentenced to four years and three months.
In February 2021, Gao was lured by a "high salary" and smuggled to Myanmar to join a telecommunications network fraud criminal group. The fraud group has a clear hierarchy and is divided into several teams, each team has different levels such as team leader, director, manager, team leader, salesman, etc., and formulates a specific target amount for fraud, and punishes salesmen who do not obey management or fail to complete the target amount through fines, corporal punishment, beatings, etc.
After Gao joined the fraud group, according to the arrangement of his superiors, he fraudulently used other people's identities to create "high-end" characters, looked for women as fraud targets through karaoke entertainment software, induced victims to chat with social software, and used internal "words" to cultivate feelings with the other party. After gaining the victim's trust, the victim is enticed to recharge or invest on the app platform controlled by the fraud group in the name of investment, and then the victim is then tricked into continuing to recharge on the pretext of paying taxes and deposits. After investigation, Gao defrauded a total of more than 17 US dollars during his participation in the fraud group. After that, Gao tried to escape from the criminal group, but failed, was arrested and beaten, and then contacted his family in China to pay a high "ransom" to the fraud group before he was able to return to China.
On August 31, 2021, after receiving the public security organ**, defendant Gao took the initiative to surrender to the public security organ and truthfully confessed the above criminal facts. At the same time, it also confessed that the fraud group controlled the group members through forced "team building", drug use and other means, and demanded that the business commission could only be used for consumption in the telecom fraud park, and was not allowed to return to China by mail.
The court held that the defendant Gao, for the purpose of illegal possession, defrauded others of their property, and the amount was particularly huge, and his conduct constituted the crime of fraud. Gao X was an accomplice in the joint crime, and had circumstances such as voluntary surrender and admitting guilt and accepting punishment, and decided to sentence him to four years and three months imprisonment and a fine of 15,000 yuan for the crime of fraud, and at the same time to recover his criminal proceeds in accordance with law and make restitution to the victims.
The Supreme People's Court reminds that overseas fraud criminal groups often use false recruitment information such as so-called "high wages, low thresholds, and flexible working hours" to illegally smuggle domestic personnel to overseas to "pan for gold". After arriving at an overseas criminal den, the perpetrator voluntarily or coerced to engage in telecommunications network fraud activities not only violated the law, but also seriously threatened the safety of his own life and property, and ultimately harmed others and himself.
Deceived people to Myanmar and coerced to participate in wire fraud: organized others to illegally cross the national (border) border, and was sentenced to one year and one month in prison.
In recent years, a large number of telecommunications network fraud gangs or criminal groups have been entrenched abroad for a long time, and the reason why these criminal dens have been repeatedly cracked down and banned is inseparable from the continuous supply of "fresh blood" by "snakehead" gangs at home and abroad. "Snakehead" gangs often use "high salaries" as an excuse to co-opt, trick, and organize others to illegally smuggle people into overseas fraud dens through acquaintance introductions, software chats, and other means. After the fraud criminal group took over, they used methods such as controlling personal freedom to force smuggled immigrants to engage in criminal activities such as telecommunications network fraud.
In February 2021, Pan Moujie invited fellow villagers Pan Mouxu, Pan Moude, Zhang Mouyang (all sentenced) and others to work illegally in Myanmar on the grounds that there were "high-paying" job opportunities in Myanmar. After the three agreed, Pan Moujie agreed with the personnel of the "other company" on the route, transportation, accommodation, joints and other matters. In March of the same year, the personnel of the "other company" successively transferred a total of about 1 yuan to Pan Moujie50,000 yuan, and Pan Moujie is responsible for arranging the itinerary of outbound personnel.
After that, Pan Moujie led Pan Mouxu and the other three people from Hukou County, Jiangxi Province, to Mangshi, Yunnan Province. The personnel of the "other company" connected with Pan Moujie in Mangshi, and then led the four people to smuggle to Myanmar and sent them to a telecommunications network fraud den. During the criminal den, Pan Moujie and the other four were restricted in their personal freedom and coerced to participate in the criminal activities of telecommunications network fraud. In July of the same year, the four were able to get out after paying the ransom, of which Pan Moujie himself paid a ransom of 150,000 yuan. After that, Pan Mouxu and the other three immediately returned to China, Pan Moujie was stranded in Myanmar, and then entered the country from the Qingshui River Port in Myanmar in April 2023 and took the initiative to surrender to the public security organs, and truthfully confessed the facts of the crime after arriving at the case.
The court held that the defendant Pan Moujie violated national (border) border management regulations by illegally organizing three people to illegally cross the national (border) border, and his conduct constituted the crime of organizing others to illegally cross the national (border) border. Although Pan Moujie surrendered and voluntarily pleaded guilty and accepted punishment, he was once administratively punished for illegally crossing the national (border) border, and within one year again organized others to illegally cross the national (border) border, a suspended sentence was not applied in accordance with law, and he was sentenced to one year and one month imprisonment and a fine of 5,000 yuan for the crime of organizing others to illegally cross the national (border) border.
Under the lure and command of an overseas criminal group, Pan Moujie organized villagers from the same village to smuggle out of the country to illegally "work", not only shattering the dream of "panning for gold", but also falling into the trap of a fraud criminal group, seriously threatening the safety of his own life and the lives and property of others. The people's court found that Pan Moujie constituted the crime of organizing others to illegally cross the national (border) border in accordance with law, and comprehensively considered the circumstances of his "repeated offenses and refusal to change", and decided not to apply a suspended sentence to him, and resolutely eradicate the relevant "human power chain" by strictly cracking down on the derivative crime of telecommunications network fraud. At the same time, it also educates and reminds the masses to consciously enhance their awareness of prevention, and not to believe in "overseas high salaries"** Once you are caught in overseas fraud dens, you will pay a heavy price.
Be vigilant against "tailor-made" "sophisticated scams" and strengthen the protection of personal information.
According to reports, the iterative renovation of telecommunications network fraud criminal methods is extremely fast, not only the "blind fraud" of "casting a wide net", but also the "tailor-made" "fine fraud", which has given birth to related crimes such as infringement of citizens' personal information, and gradually formed a black and gray industry chain of illegal collection in the upstream, resale by midstream first-class merchants, and illegal use of downstream fraud crimes, which seriously infringes on the security of citizens' personal information and even endangers the safety of citizens' lives and property.
From the end of 2020 to the beginning of 2021, Pan Mouping hired defendants Pan Mouhui and Pan Mouxing to engage in illegal trading of WeChat registration information in a small area of Shuangyang Street, Luojiang District, Quanzhou City, Fujian Province. During this period, Pan Mouping was responsible for purchasing mobile phones, computers and other tools used in the crime, and purchasing WeChat registration information online; In accordance with Pan Mouping's arrangement, Pan Mouhui and Pan Mouxing logged in and maintained the purchased WeChat registration information, and published advertisements for the sale of information in WeChat groups in areas with a high incidence of overseas telecommunications network fraud, and then assisted Pan Mouping in ** information.
The WeChat registration information sold by the three was used by others to commit telecommunications network fraud. After investigation, Pan Mouping, Pan Mouhui, and Pan Mouxing had a total of 1,548 WeChat registration information, sold 1,214 pieces, and made illegal profits of more than 30,000 yuan. Among the WeChat registration information bought and sold by the three people, 1,335 included mobile phone number information, and 639 were bound to citizen ID numbers and names.
The court held that Pan Mouping, Pan Mouhui, and Pan Mouxing violated relevant state regulations by illegally obtaining and ** citizens' personal information, and the circumstances were serious, and their actions constituted the crime of infringing on citizens' personal information. In the joint crime, Pan Mouping played a major role and was the principal offender; Pan Mouhui and Pan Mouxing are accomplices. The three clearly knew that others were using citizens' personal information to commit crimes, but they were still given **, and the subjective malice and social harm were great, and they were given heavier punishments as appropriate. In summary, the defendants Pan Mouping, Pan Mouhui, and Pan Mouxing were sentenced to fixed-term imprisonment ranging from one year and eight months to eight months for the crime of infringing on citizens' personal information, and were also fined between 10,000 and 3,000 yuan.
Author: Wei Zhezhe.
*: People's ** political document WeChat public account.