23 -year -old guy was sentenced!This thing can not be given to others, and it doesn't work

"It is particularly ridiculous in retrospect. I turned out to be a criminal for 600 yuan. The price was too high ..."

When young Xiao Peng faces the prosecutor

Seemingly regretful

"This is the most expensive 600 yuan in my life."

What is going on?

Selling your own bank card for 600 yuan

Multiple people were scammed,

23 -year -old guy was sentenced

Peng Moumou, born in 1999

Work in Changsha, Hunan

Life is not affluent

Last June, colleague Zhang Moumou

Tell him there is a door that "comes quickly"

As long as you sell your own bank card, you can make money

"I disagreed at the beginning, and I felt like the fraud or money laundering in the news." Peng Moumou was not confused. But after a few days of hesitation, he saw that he had not returned overdue, and he agreed.

According to Peng Moumou, he followed Zhang Moumou to the country. He handed over his ID card, 4 bank cards, and mobile phone cards bound to the bank card to a strange man. The strange man immediately started to operate on his mobile phone. Peng Moumou said:

"Actually, I knew in my heart that he should be criminal with my card, and one of the bank cards was frozen on the spot."

After the strange man operates for a whole day

Peng Moumou left 600 yuan in cash and left

One month later, Peng Moumou was arrested

After investigation, Peng Moumou knew that others had implemented telecommunications network criminal activities, and still sold their bank cards and Alipay accounts to others, receiving more than 600,000 yuan, causing many victims to be cheated.

Recently, the case of the defendant Peng Moumou, who had filed a public prosecution in the Lingping District People's Procuratorate, was criminal to help the information network crime (referred to as the crime of "helping the letter"). One year and two months of probation and a fine of RMB 1,000.

The rest of the cases are still under investigation.

"Crime" has become a telecommunications network fraud

"First Sin"

Last year increased 21 times

"Gang Crime"

The name of this name reads mouth

Surprisingly

It ranked third among the criminal prosecution in 2021

The crime of dangerous driving and theft

From the perspective of "age", "sinful sin" is still very young. In the amendments to the 2015 Criminal Law, this crime was added and implemented from November 1 of that year. It indicates that it knows that others use information networks to implement crimes, provide technical support for Internet access, server hosting, network storage, communication transmission, etc., or provide advertising promotion, payment settlement and other help, and serious circumstances.

In fact, most of them are renting bank cards and telephone cards; running points; developing illegal APPs; advertising promotion for relevant telecommunications fraud apps. They constitute an important part of the telecommunications fraud chain, known as the "toolman" of electrical fraud.

The suspect Tianmou from the end of March 2021 to mid -April, and led the 7 bank cards and WeChat payment accounts in his personal name to transfer fraud funds for the gang and profit from it. Detained by criminal

According to Article 287 of the Criminal Law

The "Sin Crime" has a term of prison or detention for three years

Places or single fines

A large number of "crime of faith" shows that the participants are mainly young, low -income, and non -fixed staff, and even many cases of students involved in the case.

Most of them are related to borrowing "two cards"

Reporter combed and found out

current,

Three types of cases involved in the crime of "help letter" are more prominent

The first is to help upstream scam gangs "run points" money laundering;

The second is to provide "service" for the scam gang for sending and receiving SMS verification code;

The third is to illegally obtain and provide batch social media accounts for fraud gangs, and "unblocked" banned accounts.

These three types of cases

Most of them involve illegal use of bank cards and telephone cards

Combined with the analysis of cases and professional researchers in the public prosecution law agency, the characteristics of the case of "helping letter" at this stage are mainly four.

"Unknown in advance" is not a reason for free penalties

In the practice of "helping the crime"

Some criminal suspects find various reasons to justify

"I don't know in advance" "I don't know the bank card,

The phone card is also criminal to others "

So, I do n’t know if it is not investigated?

■ Viewpoint 1

Zhao Ronglie, a Shandong lawyer who had too many agents in the case of "crime", believes that the key is whether the suspect is subjectively. If it is not known to know that others use the information network to commit crimes, it does not constitute a crime; otherwise, it constitutes a crime.

So, how to determine whether it is subjective?

Zhao Ronglie and others think

In accordance with Article 11 of the "Two High Explanations"

Seven situations determine knowing to know

These seven situations are: if they are still informing the regulatory authorities, they still implement relevant actions; those who do not fulfill their legal management duties after receiving the report; the transaction price or method is obviously abnormal; Help; frequently adopt measures such as hidden access to the Internet, encrypted communication, destroying data, or using false identities to avoid supervision or avoiding investigation; providing technical support and help for others to evade supervision or avoid survey; others are enough to identify the actor's knowledge.

■ Viewpoint 2

Wang Peilin, a national outstanding case -handling prosecutor who has handled dozens of cases of "sin crimes", believes that the subjective consciousness of the "sin crime" will combine the cognitive level of the average person and the cognitive ability of the actor.Whether the prohibition of law is violated, whether the perpetrator performs management responsibilities, avoid supervision or avoid investigation, etc. to make comprehensive judgments.■ Viewpoint 3

The view of Shanghai lawyer Gao Tai is even more direct: suspected of "helping to believe in", and does not require the parties to know the other party engaged in illegal criminal activities.The parties do not know, but combined with the cause of the previous causes and basic sense, it can be inferred that the parties should know.

The so -called "unknown in advance" is not a reason for free of penalties.

Remind again:

ID card, mobile phone card, personal bank card

Third -party payment platform accounts such as WeChat and Alipay

Can't give others!No borrowing!

Content source: Procuratorial Daily, South Wind Window

Source: FM93 Voice of Transportation

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