SPC: Illegally smuggling people abroad voluntarily or forcibly committing fraud, ultimately harming others and themselves.
The full text is 2048 words, and it takes about 2 minutes to read
Beijing News reporter Xing Haiyang editor Fan Yijing proofreader Liu Jun.
In 2023, the topic of "Myanmar fraud" continues to heat up. In this chain of fraud, both those who are "tricked into going" to Myanmar and those who are "tricked into going" to Myanmar have received widespread attention. What kind of punishment will they receive? 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.
People who were deceived into going to Myanmar: defrauded more than $170,000 and sentenced to four years and three months in prison.
In the "Defendant Gao Fraud Case", Gao was lured by a "high salary" in February 2021 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 $170,000 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 voluntarily surrendered 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 trial 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 sentence is now in force.
People who deceived people to go to "Myanmar: illegally organized illegal crossings twice in one year, and was sentenced to one year and one month in prison.
In the "Case of Defendant Pan Moujie Organizing Others to Illegally Cross the National (Border) Border", 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 trial court held that the defendant Pan Moujie violated the 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. The sentence is now in force.
SPC: Illegally smuggling people abroad voluntarily or forcibly committing fraud, ultimately harming others and themselves.
The Supreme People's Court pointed out that overseas fraud syndicates often use false recruitment information such as so-called "high salaries, 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.
In the above-mentioned case, Gao clearly knew that smuggling to Myanmar was to engage in illegal and criminal activities, but still actively went to overseas fraud dens to engage in "pig killing" fraud, and when he wanted to flee and return to China, he was restricted in his personal freedom and beaten, and he was not able to return to China until he paid a high "ransom". The people's courts are to determine that Gao's participation in fraud constitutes the crime of fraud on the basis of the specific circumstances of his participation in the fraud, and comprehensively consider his accomplice status and circumstances such as voluntary surrender and admission of guilt and acceptance of punishment to give a lenient punishment, and at the same time fully implement the criminal policy of blending leniency and severity to ensure that the punishment is commensurate with the crime.
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.
The Supreme People's Court also educates and reminds the masses not to believe in "high salaries abroad"** Once you are caught in an overseas fraud den, you will pay a heavy price.
Duty Editor Kang Xihee.