This studio's "upper and lower points" service is not simple | 9:30 tonight
Author:Supreme inspection Time:2022.07.28
A three -person studio
Through the seemingly simple game website
But it has achieved online points
Two -way exchange with offline currencies
Come on hundreds of gamblers,
Online gambling platform with millions of dollars funds
... ...
Recently, the reporter learned from the Intermediate Court of Xiangyang City, Hubei Province that Peng, Yuan, and Yang, which were prosecuted by the Yicheng Procuratorate of Hubei Province, had a second instance result of a casino case, and the court of second instance ruled that the first trial judgment was maintained.
Provide "up and down" service for gamers
At the beginning of 2020, Peng Mou came into contact with the gambling website. Gradually, he found that only by standing on the side of the "dealer" can you win steadily, so he spent money to buy "color whale fishing" and "728 chess and cards" two game proxy qualification accounts, intending to provide other players with "upper and lower "Sub -scores" to help players recharge to get game points, "lower points", that is, to help players convert game points to RMB), and then earn the difference in exchange.
In order to facilitate operation, Peng Mou leased a house in a community in Yicheng City and was equipped with a special computer and mobile phone. In June of the same year, Peng Mou recruited Yuan and Yang to go to the studio for the "upper and lower points" activities. The working hours implemented a 24 -hour system and the "double class inverted" model, and gradually established a clear exchange system.
In March 2021, because of a bank flow information under Peng Mou's name was suspected of fraud, through this clue, during the process of verifying Peng, the public security organ found that it provided the "upper and lower part" behavior for players. People's investigation.
Is it simply playing games or online gambling
After Peng, Yuan, and Yang, the public security organs asked for the arrest to the Yishi Procuratorate for suspected of opening a casino for the crime of opening a casino.
Prosecutor's censorship During the prosecution, remote news criminal suspect
When the prosecutor asked, Peng, Yuan, and Yang argued that the studio was just selling the game points, and did not know that the player could enter the website to gamble.
"If I do n’t operate for a long time, I will automatically freeze the account I used in the background, and I ca n’t log in again.” Peng confessed. Because of this, although the public security organs were seized on the mobile phones and computers equipped by the studio involved, they did not collect relevant evidence that the website involved in the gambling website and Peng Mou's studio account was the proxy account. At this point, whether the website involved is a gambling website and whether the account involved is the agency account as a key doubt about the case.
After a detailed review of the WeChat chat records in the mobile phone involved in the case, the prosecutor found that although there was no evidence to confirm the website involved in the gambling website, the content in the group chat has proved that Peng, Yuan, and Yang Mou have profit -making on profit as profit. The purpose is to set the method and proportion of points to enable players to achieve gambling through the "color whale fishing" and "728 chess and cards" website. The behavior of the three has been suspected of opening a casino.
"Although the studio account can't log in, there are many players who pass the studio 'up and down', and the website is still there. From the aspect of the player, website filing number information, etc., you can find out the relationship between the studio account and website The difference between the player's account ... "After making a decision to approve the arrest, in order to consolidate the evidence of the three people such as Peng Mou, it is based on the correlation between the website of the three people and the profitability of Peng According to the characteristics of the personnel, players, and game websites involved, the officials proposed different priorities and fixation priorities, and guided the public security organs to continue to supplement the investigation.
Prosecutor and public security police communicated with the case
Focusing on the investigation outline, when the public security organs were not involved in the upstream website, they found false filing information on the "color whale fishing" and "728 chess and cards" website. The "agency" permissions form a closed loop of cash, set up the fact that online casinos are built, and verify that from June 2020 to March 2021, with the help of Yuan and Yang, Peng provided at least 406 players with recharge, redeem, etc. Gambling service.
What is the relationship between points and gambling exchange
"From November 2020 to March 2021, I lost nearly 700,000 yuan ..." According to Ding Mou, a player who came to the case, in December 2020, the news pushed by the small horn of the "color whale fishing" interface system He added the customer service WeChat of Pengmou's studio.
"Every time you enter the website to play fishing, cards, Mahjong and other games, you must first recharge to get points. Because Pengmou's studio has a discount, I will contact them through WeChat. Transfer the points in your account through the "gift" function in the website to the account designated by Pengmou's studio, and then you can receive the corresponding money, but the website must draw a 2%handling fee. "
The player's account cannot enter the member management background and cannot send the game speaker. When "gift", the website charges 2%of the handling fee, overseas IP and false filing information ... By carefully sorting out the evidence materials, the prosecutor determines that the website sets up member management background by setting up member management background. Give Peng and others for agency permissions, and set up offline payment channels, and has formed a closed loop of "gambling -website points -cash".
The court judged the three defendants
The crime of opening a casino
Because the server involved in the case was located abroad, the upstream personnel could not be seized in time during the handling stage of the case. Although the three of Peng truthfully confessed their behavior, they insisted that they did not know the illegal nature of the website involved.
To this end, the prosecutor handling the case held a seminar several times to conduct a key analysis of the case in the aspect of the nature of the website and the subjective knowledge of the person involved. The hospital believes that the existing evidence has confirmed that the website involved has formed a closed loop of cash. In the end, the Yicheng Procuratorate filed a public prosecution for the crime of opening a casino, and suggested that the public security organs further tracked the upstream personnel of the website involved. During the first instance, the prosecutor handling the case combined with the three people in terms of the evidence and other aspects of the case, focusing on subjective knowledge. After comprehensive interpretation, the defendants Yuan and Yang volunteered in court. In March of this year, the court made a first trial of the case, and the defendant Peng was sentenced to five years in prison and fined 60,000 yuan for the crime of opening a casino. 35,000 yuan; the defendant Yang was sentenced to three years in prison and fined 30,000 yuan. Peng made an appeal because he was dissatisfied with the judgment of the first trial.
On July 11, the Xiangyang Intermediate Court issued a final judgment to maintain the first trial judgment. At present, the judgment has taken effect. (Procuratorate Dai Xiaowei Wang Lilin)
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